Many automakers have designed and installed autonomous braking systems into some of their vehicle models, and Nissan is no exception.
Autonomous braking systems are safety systems that have radars and sensors, which detect objects and people in front of the vehicle. These brake systems are use this information to warn or alert drivers of these obstacles. In response, drivers can press the brakes to prevent a crash. If these drivers do not react in time, the autonomous braking systems can trigger the brakes.
Nissan’s earliest roll-out of this technology was a version called “Forward Emergency Braking,” which was featured as an option in some Nissan models starting in 2015. A later version of this technology was renamed “Automatic Emergency Braking.” This technology became standard in several Nissan models from 2017 onward.
While this braking system was intended to keep drivers safe, multiple class action lawsuits allege that the Forward Emergency Braking and Automatic Emergency Braking systems fail to do just that.
What’s wrong with the emergency braking systems?
The Forward Emergency Braking and Automatic Emergency Braking systems in several 2015–Present Nissan models allegedly increases the risk of car crashes due to several system problems.
The braking systems are supposed to detect objects or people in front of the vehicles and provide alerts to drivers if a crash is imminent. Instead, it allegedly detects non-existent obstacles and provides false alarms.
The braking systems are supposed to trigger the brakes if the driver does not depress the brake pedal in time. Instead, the braking systems allegedly trigger the brakes at random. This allegedly results in random slow-downs or stops in unsafe situations, such as intersections, bridges, highways and railroad tracks.
The emergency braking feature allegedly becomes inoperable at random. This means that even if the feature otherwise worked as intended, the feature can still be unreliable.
What vehicles are allegedly affected by the defect?
Bashaw v. Nissan represents owners and lessees with 2015–Present Nissan vehicles equipped with Forward Emergency Braking systems or Automatic Emergency Braking systems. The lawsuit includes Nissan Altima, Nissan Armada, Nissan Leaf, Nissan Maxima, Nissan Murano, Nissan Pathfinder, Nissan Rogue, Nissan Rogue Sport, and Nissan Sentra of the aforementioned model years, but is not limited to these models.
Kemp v. Nissan represents owners and lessees with 2017–2019 Nissan vehicles equipped with Forward Emergency Braking systems or Automatic Emergency Braking systems. This lawsuit has considerable overlap with Bashaw v. Nissan regarding the vehicle models that it includes.
We have reason to believe that some model years for Nissan Versa and Nissan Kicks may also experience the defect.
What does this lawsuit mean for me?
If you are an owner or a lessee of a 2015–Present Nissan vehicle equipped with a Forward Emergency Braking system or an Automatic Emergency Braking system, you may be automatically included at least one class action lawsuit.
Class action lawsuits represent many consumers in one case filed against an auto manufacturer. However, those who pursue individual lemon law claims may get more legal remedies from their auto manufacturers than those who are represented by a class action (and subsequently, a class settlement).
If you are included in one or more class action lawsuits, you may need to opt out of these lawsuits before certain deadlines in order to retain your right to sue individually.
Can I still pursue a California lemon law claim?
If you have successfully opted out of one or more class action lawsuits, you may pursue a California lemon law claim against Nissan.
The California Lemon Law states that your vehicle is considered a “lemon” if there is a defect that affects the vehicle’s use, safety or value, and that an authorized dealership or repair facility cannot fix the recurring problems within a reasonable number of attempts during the warranty period. The number considered “reasonable” is determined on a case-by-case basis.
The California Lemon Law allows California residents who own or lease defective vehicles to take legal action against auto manufacturers. As long as you have opted out of the class action lawsuit, and as long as the statute of limitations hasn’t run out for you, you can pursue a California lemon law claim.
How can Knight Law Group’s lemon law attorneys help me?
If you are affected by this vehicle defect and you are ready to pursue a claim, our California lemon law attorneys can help you get the legal remedies you deserve.
Under the California Lemon Law, you may be eligible for cash compensation, a vehicle replacement or a California lemon law buyback. However, you should not pursue a lemon law claim alone. Our lemon law attorneys can answer any questions you may have about the lemon law process and get you the outcome that you deserve.
If you have any questions about the emergency braking defect or your rights under the California Lemon Law, fill out the contact form below or call us at 877-222-2222. for a free consultation in as little as five minutes.
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