Top 9 Things To Know About Nissan’s Automatic Emergency Braking
Is your Nissan part of a class action lawsuit? Opt out and retain the right to sue for your defective automatic emergency braking system.
Nissan has equipped several of its vehicle models with autonomous braking systems. Multiple class action lawsuits claim that these autonomous braking systems are defective and make vehicles unsafe to drive.
Autonomous emergency braking systems are intended to prevent crashes by detecting obstacles (such as pedestrians and vehicles), providing drivers with alerts and, if drivers don’t react in time, trigger the brakes. The vehicles come to a complete stop to prevent collisions. If the vehicles are too close to prevent a full-on collision, the vehicle decelerates to lessen the impact.
Nissan first rolled out this technology in 2015, calling it “Forward Emergency Braking” and marketing it as an optional feature in some Nissan models. In 2018, Nissan renamed this safety technology “Automatic Emergency Braking,” made this safety feature standard in several models and integrated it into a technology suite called Intelligent Safety Shield.
Here are the top 9 things you need to know about Nissan’s faulty braking technology and your legal rights:
If your Nissan experiences recurring problems with its autonomous braking system, you may have a lemon. Many drivers affected by these alleged defects may be included in one or more class action lawsuits. Once these lawsuits settle, these drivers may only get meager portions of the final settlements.
Complete our consultation form to find out how to opt out of one or more lawsuits. Opting out of these lawsuits is the only way to retain your individual right to sue. By pursuing an individual lemon law claim, you may get a greater settlement as a result.
1. Which Vehicles Experience Problems With Automatic Emergency Braking?
The following vehicles may be equipped with faulty Automatic Emergency Braking (AEB) systems:
2017–Present Nissan Rogue
2017–Present Nissan Pathfinder
2017–Present Nissan Murano
2017–Present Nissan Altima
2017–Present Nissan Maxima
2017–Present Nissan Armada
2017–Present Nissan Leaf
2017–Present Nissan Sentra
2018–Present Nissan Kicks
2018–Present Nissan Versa
The vehicles listed above may be included in one or more class action lawsuits. However, other vehicle models may be equipped with faulty Automatic Emergency Braking systems. Even if some Nissan models are not represented in one or more class action lawsuits, they may still experience recurring issues with their Automatic Emergency Braking systems.
If your vehicle experiences recurring issues with its autonomous emergency braking system, you may need to opt out of one or more class action lawsuits before a deadline. Those who fail to opt out often waive their right to pursue individual lemon law claims. As a result, they may receive only a meager cut of the final settlement.
2. Why Should I Opt Out Of A Class Action Lawsuit?
You have to opt out if you want to retain your right to sue individually. If you stay in the class action, you waive your right to sue as an individual both during and after the settlement. Additionally, class action lawsuits often have thousands of members. If you stay in a class action lawsuit, you may only get a meager cut of the final settlement.
3. What’s Wrong With Nissan’s Automatic Emergency Braking?
According to a class action lawsuit, defective sensor modules cause the emergency braking system to deactivate or malfunction. As a result, the autonomous emergency braking systems can detect non-existent obstacles, provide false alarms or trigger the brakes despite no obstacles being present.
When Automatic Emergency Braking systems randomly apply the brakes, the vehicles can randomly stop or decelerate in unsafe driving situations. These class action lawsuits allege that the emergency braking systems have falsely engaged while in intersections or on bridges, highways and railroad tracks. The activation of the brakes allegedly makes it difficult for drivers to move out of the way of danger, putting them at an increased risk of side-on or rear-end collisions.
In some situations, the Automatic Emergency Braking system may confuse regular driving environments for imminent obstacles. One consumer alleges that her Nissan Altima’s brakes will forcefully lock up whenever she approaches a parking garage’s up ramp.
These class action lawsuits also allege that the emergency braking feature randomly stops working, making it reliable even if the feature otherwise functioned as intended. In such cases, the following warning shows up on the dashboard: “Front radar unavailable due to obstruction.”
Watch a news report by WTHR Channel 13 released in 2019. One consumer reports that her Nissan Rogue experienced sudden stopping at 65 mph. She said that if a truck had been nearby, “I would not be here.”
Automatic/Forward Emergency Braking is an autonomous driving technology that is supposed to prevent crashes by detecting obstacles and, if needed, depressing the brakes.
Automatic Emergency Braking is part of a technology suite called Intelligent Safety Shield, or ISS. This suite comes with safety technologies such as Forward Collision Warning, lane departure warning, adaptive cruise control systems and other driver assist systems.
Nissan’s Forward or Automatic Emergency Braking system works by relying on radars and front distance sensors in the front grille to monitor a car’s proximity to obstacles ahead. Potential obstacles include people, cars, trucks, and other structures.
The Automatic Emergency Braking system then provides an obstacle warning to the driver. If the driver fails to respond in time (either by evading the obstacle or braking), then the emergency braking system hits the brakes. The vehicle will stop or decelerate, depending on the circumstances.
These safety systems were intended to prevent frontal collisions with pedestrians, vehicles and other obstacles. However, Nissan’s Automatic Emergency Braking allegedly malfunctions in ways that puts drivers at an increased risk of getting rear-ended.
5. What Have Nissan Consumers Reported Regarding Automatic Emergency Braking?
These class action lawsuits cite several complaints that consumers have submitted to the National Highway Traffic Safety Administration. A few complaints can be read below.
However, you can also watch this news report by ABC 7 Chicago released in 2019. A Nissan Rogue owner said a sudden stop at 35 mph “hit like a ton of bricks.” He initially got his repurchase request denied. Only after his feature on the news report was he able to get his Rogue traded in for a vehicle that did not have the faulty front sensors:
2015 Nissan Murano
The Forward Emergency Braking system warning light comes on (this means the sensor is not working and the emergency warning is not working; further you cannot use cruise control when the light is on).
This has been a problem from the beginning of owning the car. The dealer tried many times to repair the problem, all unsuccessful. Next, the dealer replaced the sensor, and the problem still exists. The warning light comes on when the vehicle has been driven for a few minutes, 5 to 30 minutes after starting.
2015 Nissan Murano
Adaptive Cruise Control and Forward Emergency Braking (FEB) system becomes spontaneously disabled during driving. This poses a serious issue when actually driving the car. The car is in motion when this happens. The system can only be reset by stopping the car, turning off the ignition and then re-starting the engine.
2017 Nissan Maxima
The problem began in my 2017 Nissan Maxima. I told the dealership that the emergency automatic braking system initiated while no other cars were around. They traded me in to the 2018 Nissan Rogue and the same issue has occurred 3 times in this vehicle. Each time, there were no other vehicles around. The dealership claimed there is nothing wrong with my vehicle. It wasn’t until I contacted corporate that they admitted they know there’s a defect, but no fix was available yet. They knowingly jeopardized my infant son’s safety and lied to me. This defect is scary and shouldn’t be allowed to be swept under the rug by dealerships. I no longer feel safe driving with Nissan.
2018 Nissan Sentra
The front sensor keeps showing the “Front sensor unavailable” followed by the crash icon at all times of the day, and all speeds including in the stopped position. The sensor goes out regardless of whether or not there are other vehicles near the car.
2017 Nissan Murano
My vehicle had a warning light come on stating “Front collision avoidance unavailable”. It would shut off the cruise control. I took it into the dealer. They said the vehicle operated as designed. I took it back several weeks later, demanding they fix the problem. They traced the problem to a sensor. The sensor is not available and is on backorder. In the meantime, the cruise does not operate and the front collision avoidance does not work (waiting 5 weeks now). Cannot depend upon the collision avoidance even though they advertise it.
2018 Nissan Murano
While driving various speeds, the cruise control engaged without warning. The contact stated that the cruise control feature of the vehicle was controlled by a collision control system, which malfunctioned while on an incline and while driving various speeds on a bridge. Each time the failure occurred, the vehicle decelerated without any warning or brake lights illuminated.
6. How Has Nissan Responded To The Issues With Its Automatic Emergency Braking?
Nissan has allegedly known about the emergency braking systems’ defects since at least 2015 and sold these faulty vehicles anyway. According to these class action lawsuits, Nissan has refused to offer warrantied repairs, told several consumers their vehicles were fine and refused to offer any repairs to many affected consumers.
Nissan allegedly tried to conceal the defect from consumers. Nissan advertised the emergency braking systems as “intelligent” systems that successfully prevented crashes. However, Nissan sent several technical service bulletins (TSBs) to its dealers, many of which reported problems in the Forward Emergency Braking, Automatic Emergency Braking and Forward Collision Warning systems.
It took action from federal regulators and consumer advocacy groups to uncover the scope of the problem. After being petitioned by auto safety advocacy groups, the National Highway Traffic Safety Administration launched a probe into Nissan vehicles with these emergency braking systems. The probe covered about 554,000 model year 2017–2018 Nissan Rogue vehicles. NHTSA uncovered 800 complaints, 14 crashes and five injuries related to these emergency braking systems.
Nissan faced so much pressure from safety advocacy groups and class action lawsuits that in 2020, it revealed it was aware of more than 1,400 reports of faulty emergency braking systems in those Nissan Rogue models alone – almost twice the number of complaints uncovered in the initial probe.
At the time that Nissan confessed to these reports, it had only offered a service campaign for affected drivers the previous year. However, service campaigns are not held to the same reporting standards as recalls, which allowed Nissan to charge consumers for critical safety repairs and partially brush the problem under the rug.
7. Has Automatic Emergency Braking Turned My Nissan Into A Lemon?
Your Nissan, equipped with Automatic Emergency Braking, may be a lemon if it shows the following problems:
“Front radar unavailable due to obstruction” message on your dashboard
Alerts or warnings of obstructions that are not there
Unexpected vehicle deceleration
Sudden and unexpected braking
Sudden deactivation of Forward or Automatic Emergency Braking system
Recurring problems with your Nissan’s emergency braking systems can make your vehicle unsafe to drive. If Nissan or an authorized repair shop cannot fix your vehicle within a reasonable number of attempts, your vehicle may be a lemon.
The number of repair attempts considered “reasonable” can differ on a case-by-case basis. Consult a California lemon law attorney about your situation and legal rights. If you are included in one or more class action lawsuits, you may need to opt out before certain deadlines to retain your individual right to sue.
If you are included in a class action lawsuit, you may receive a notice in the mail. This notice should describe the allegations that consumers have made against Nissan. These notices usually contain instructions for opting out of a class action lawsuit. However, you should consult an attorney on the specifics, including how much time you have to opt out.
Once you opt out, you can pursue an individual lemon law claim. As a result, you may pursue charges more specific to your situation and receive a greater settlement than you would under a class action case. Contact a California lemon law attorney to find out if you are included in a class action lawsuit and retain your right to pursue an individual claim under the California Lemon Law.
9. How Can A California Lemon Law Attorney Help Me?
If your Nissan is experiencing recurring problems with its autonomous emergency braking system, your vehicle may be a lemon. Our California lemon law firm can help you opt out of one or more class action lawsuits and obtain the reward you deserve for your faulty vehicle.
Time is of the essence. If you are included in a class action lawsuit, you must opt out before a set deadline to retain your right to sue individually. Additionally, individual lemon law claims have a statute of limitations. Under the California Lemon Law, consumers have four years from their first defect-related visit to the dealership before they can no longer file a lemon law claim.
If you are not sure whether you are included in a class action lawsuit, we can help you find out. If you opt out of a class action lawsuit and pursue an individual lemon law claim, you will be eligible to receive cash compensation, a replacement vehicle or a lemon law buyback.
If you want to opt out of one or more class action lawsuits, or simply learn more about your legal options, fill out the form below or call us at 877-222-2222 for a free consultation. You have rights! Take action now!
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