The automatic emergency braking system is a pretty crucial feature in modern vehicles, designed to enhance safety by reducing the severity of collisions or preventing them altogether. Nissan's Forward Emergency Braking (FEB) system is designed to help prevent collisions by automatically braking the vehicle if it senses that a collision is imminent. However, a class action lawsuit filed against Nissan alleges that the FEB system can falsely engage or fail to work as intended, posing a serious safety hazard to drivers and passengers.
How Does Forward Emergency Braking (FEB) Work?
A forward emergency braking system is a safety feature found in many modern vehicles designed to prevent collisions, detect pedestrians, other road users and obstacles in the road and enhance road safety.
A Brief Explanation:
This automatic emergency braking system uses radar and camera technology to monitor the vehicle's front for objects, including vehicles and pedestrians. When it detects an object in the car's path, it assesses the speed and distance of the object to determine if a collision is imminent.
Collision Warning:
If the system predicts a potential collision, it alerts the driver by producing a visual, audible, or physical alert (like vibration). This serves to draw the driver's attention to the potential danger, encouraging them to take corrective action.
Driver Fails To React:
If the driver fails to react in time or doesn't react at all, the system can automatically apply the vehicle's brakes to prevent or mitigate the collision. In the case of pedestrian detection, it is particularly helpful in urban driving situations where pedestrians may unexpectedly enter the vehicle's path.
Details of the Lawsuit Against Nissan
The lawsuit, which was filed in California federal court, alleges that the Nissan emergency braking system can falsely engage without warning, causing the vehicle to brake suddenly and unexpectedly. This can lead to drivers being startled and losing control of their vehicles, increasing the risk of a collision. The lawsuit also alleges that the FEB system can fail to work when it is needed, further increasing the risk of a collision.
#1: Timeline of the Lawsuit:
The lawsuit was filed in California federal court on February 15, 2022.
The initial plaintiffs in the lawsuit were three Nissan owners who allege that they were injured as a result of the defective FEB system.
The lawsuit seeks damages for the plaintiffs and an injunction to force Nissan to recall the affected vehicles and fix the defect.
Nissan has not yet filed a response to the lawsuit.
#2: The Specific Allegations in the Class Action Lawsuit:
The FEB system can falsely engage without warning, causing the vehicle to brake suddenly and unexpectedly. This can lead to drivers being startled and losing control of their vehicles, increasing the risk of a collision.
The FEB system can fail to work when it is needed, increasing the risk of a collision. For example, the system may not detect a vehicle, cyclist or pedestrian that is approaching quickly or may not engage in time to prevent a collision.
Even when no cars are in front of the vehicle, the forward emergency braking system sometimes engages and owners and lessees of Class Vehicles have experienced sudden and unexpected braking on railroad tracks, on bridges, in intersections, and in other driving situations that have placed them at serious and unreasonable risk of side-on or rear-end collision.
#3: The Potential Safety Hazards Posed by a Defective FEB System:
Drivers, passengers and passersby are injured in a collision.
Drivers being side or rear-ended by other vehicles.
Drivers are being distracted by the FEB system. For example, if the FEB system falsely engages, the driver may be startled and take their eyes off the road, which could increase the risk of a collision.
#4: Nissan Vehicles Affected
The following Nissan models are equipped with the Nissan Intelligent Emergency Braking (IEB) system, which is designed to help prevent collisions by automatically braking the vehicle if it senses that a collision is imminent:
2017-2020 Nissan Rogue
2017-2021 Nissan Rogue Sport
2019-2021 Nissan Maxima
2020-2021 Nissan Sentra
2020-2021 Nissan Versa
2018-2021 Nissan Leaf
2019-2021 Nissan Murano
2020-2021 Nissan Titan
The class action lawsuit alleges that these forward collision warning systems can falsely engage or fail to work as intended, posing a serious safety hazard to drivers and passengers.
Possible Consequences of the FEB Class Action Lawsuit
The class action lawsuit is still ongoing, and the potential impact on Nissan and its customers is still unclear. However, these allegations against Nissan are serious, and they raise concerns about the safety of Nissan's FEB system. If the lawsuit is successful, Nissan could be forced to recall the affected vehicles and fix the defect. This could cost Nissan millions of dollars in repairs and legal fees.
Other Class Action Lawsuits Against Nissan
The class action lawsuit is one of several lawsuits that have been filed against Nissan alleging that the FEB system is defective. In 2020, the National Highway Traffic Safety Administration (NHTSA) opened an investigation into the FEB system after receiving over 1,400 complaints from Nissan owners who reported that their vehicles' automatic emergency braking systems had falsely engaged or failed to work as intended. The lawsuits allege that the Nissan dealerships were issued a number of technical service bulletins concerning the AEB system malfunctions and that as a result, Nissan knows about the problems with the automatic emergency braking systems.
The NHTSA investigation is still ongoing, and it is not yet clear whether Nissan will be forced to recall the affected vehicles. However, the class action lawsuit and the NHTSA investigation raise serious concerns about the safety of Nissan's FEB system.
What Should Affected Nissan Owners Do?
If you own a Nissan vehicle with FEB, here's what you can do:
Stay Vigilant of Potential Safety Hazards: Understand the risks associated with the faulty FEB system. The system might falsely engage or fail to activate when necessary, posing safety threats. If you notice any such problems, call Nissan immediately.
Contact Nissan: Reach out to Nissan's customer service to address your concerns regarding the FEB system. They may offer more insight into the issue or propose a solution.
Stay Informed about the Class Action Lawsuit: The class action lawsuit concerning the FEB system is ongoing. While the outcome is yet to be determined, a successful lawsuit could lead to eligible owners receiving compensation for damages suffered due to the faulty system. For updates, keep an eye on the lawsuit's progress.
Seek Legal Counsel: If you suspect that your vehicle is affected by this issue, it would be prudent to consider seeking expert legal advice from an experienced lemon law attorney who can go through your options with you and point you in the right direction.
Make Us Your Partner in Pursuing Justice
When facing serious vehicle issues such as the faulty Forward Emergency Braking system in Nissan vehicles, choosing the right legal representation is crucial.
We believe that The Beck Law Office stands out for several reasons:
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Contact Us Today
Don't let a faulty vehicle compromise your safety or peace of mind. You have rights as a consumer, and we are here to help you uphold them. With our expertise in lemon laws and our commitment to providing personalized service, we are ready to guide you through the legal process.
If you are the owner of an affected Nissan vehicle and you want to learn more about your potential options, need help understanding the implications of the ongoing class action lawsuit, or are ready to take legal action, we are just a phone call away.
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