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Nissan’s Latest Class Action Lawsuit – What You Need to Know About Nissan’s Automatic Emergency Braking

Fri 24th Jun, 2022 by in Blog

According to multiple class action lawsuits, Nissan has equipped several of its vehicle models with faulty and defective automatic emergency braking systems that pose a serious concern to owners, leading to a massive scare for Nissan owners.

Known as “Forward Emergency Braking” in 2015, it was renamed in 2018 to “Automatic Emergency Braking”, with Nissan marketing it as a standard safety feature in several models and integrating it into a technology suite called “Intelligent Safety Shield”.

Nevertheless, these systems fail to function properly, with several reports and documented complaints already filed with the National Highway Traffic Safety Administration (NHTSA). A previous class action suit filed in 2018 in Los Angeles claimed that Nissan concealed these sensor problems in numerous models, something which Nissan refused to comment on.

If you own a Nissan that experiences recurring problems with its automatic emergency braking system, you may have a lemon. While drivers affected by such defects might find themselves included in one or more class action lawsuits, they may only get a fraction of the final settlements once they settle.

With an experienced California lemon law attorney by your side, you can retain your individual rights by opting out of these lawsuits and pursuing a lemon law case. The Nissan lemon law attorneys at Quill & Arrow Law have years of experience dealing with the common issues and defects associated with Nissan vehicles. To get started, click here to fill the consultation form now.

 

What is Wrong with Nissan’s Automatic Emergency Braking?

When Automatic Emergency Braking systems randomly apply the brakes, the vehicles can randomly stop or decelerate in unsafe driving situations. A class action lawsuit claims that the system deactivates or malfunctions due to defective sensor modules, leading to the detection of non-existent obstacles, the occurrence of false alarms, or brakes being triggered despite no obstacles being present.

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. Other problems reported by drivers include:

  • Brakes forcefully being locked up whenever a car approaches a parking garage’s up ramp.
  • Brakes failing to work randomly with a warning indicating “Front radar unavailable due to obstruction.”

 

Which Nissan Models Experience Problems with Automatic Emergency Braking?

The following models may be equipped with the faulty Automatic Emergency Braking systems. Additionally, they may be included in one or more class actions:

  • 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

Please note that other models may be equipped with this faulty safety feature, and while some models may not be represented in one or more class action lawsuits, they may still experience recurring issues.

This signifies the importance of opting out of the class action lawsuits before the designated deadline. Failure to do so may waive your right to pursue individual lemon law claims.

There have been several news reports regarding Nissan consumers who have reported issues with the Automatic Emergency Braking system. Including one by WTHR Channel 13, and ABC 7 Chicago.

 

Nissan’s Response to Automatic Emergency Braking Issues

Nissan has allegedly known about these defects since at least 2015 and yet, they chose to sell these faulty vehicles. The have also refused to offer warrantied repairs, even allegedly going as far as concealing the defect from consumers. At the same time, technical service bulletins were sent to Nissan dealers reporting problems with the safety systems.

After several attempts by federal authorities and consumer advocacy groups, the National Highway Traffic Safety Administration invested the issue by launching a probe into Nissan vehicles with these issues, covering almost 554,000 model year 2017-2018 Nissan Rogue vehicles and uncovering 800 complaints, 14 crashes and 5 related injuries.

After applying much pressure to Nissan, safety advocacy groups and class action lawsuits finally prompted Nissan to acknowledge the issues and revealing that more than 1,400 cases had been reported. However, Nissan simply offered a service campaign for affected drivers the previous year. Since service campaigns are not held to the same reporting standards as recalls, this allowed Nissan to charge consumers for critical safety repairs, effectively putting a lid on the major implications.

 

Is My Nissan a Lemon Now?

Your Nissan may qualify as a lemon if you are experiencing the following problems:

  • The “Front radar unavailable due to obstruction” message on your dashboard
  • Forward or Automatic Emergency Braking system suddenly deactivating
  • False alerts/warnings of obstructions
  • Unexpected vehicle deceleration
  • Sudden/unexpected braking

As a result of recurring problems with your Nissan’s emergency braking systems, your vehicle can be rendered unsafe for driving. If Nissan or an authorized repair center/shop cannot fix your vehicle within a reasonable number of attempts, your vehicle may be a lemon.

It is important to understand the details and the number of attempted repairs, as they can differ on a case-by-case basis. A California lemon law attorney can help you with your situation and case. If you own a Nissan and are included in one or more class action lawsuits, you may need to opt out before the deadlines to retain your right to sue as an individual.

 

Should I Opt Out of a Nissan Class Action Lawsuit?

Opting out will help you retain your right to sue individually. While the goal is to seek justice, individuals waive their right to sue both during and after the settlement.

In addition, due to the number of members in a class action lawsuit, individuals may receive an insignificant cut of the final settlement.

 

Quill & Arrow LLP’s Lemon Law Attorneys in California Can Help!

If your Nissan vehicle has been presented to a Nissan authorized repair facility on one or more occasions during the warranty period, you may have rights under the California lemon law. The Nissan lemon law attorneys at Quill & Arrow Law have expert experience understanding the different defects and symptoms associated with Nissan vehicles. Whether it’s a hole in your floorboard or transmission that keeps needing work, our Nissan law attorneys collaborate to understand the history of these inherent problems to demonstrate Nissan’s inability to properly address and confirm your vehicle to its factory warranty.

If your Nissan has been subject to any of the above-mentioned issues or others, please contact our expert Nissan lemon law attorneys so that we can show you the Quill & Arrow difference.

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