— A Nissan automatic emergency braking lawsuit alleges faulty radar sensors cause vehicles to suddenly slam on the brakes even though no objects are in the roads.
The Nissan class action lawsuit also alleges the automatic emergency braking (AEB) systems suddenly deactivate without warning.
A Nissan automatic emergency braking system, also called a forward emergency braking system, is described by Nissan as the following:
"[T]his intelligent feature uses radar technology to monitor a vehicle’s proximity to the vehicle ahead, giving the driver audible and visual display warnings to help the driver reduce the vehicle’s speed if a potential frontal collision is detected. If the driver fails to respond, the system can apply the brakes, helping the driver to avoid the collision or reduce the speed of impact if it is unavoidable." — Nissan
But according to the Nissan automatic emergency braking lawsuit, the systems are useless in these vehicles equipped with Continental ARS410 radar sensors.
- 2019-2021 Nissan Maxima
- 2020-2021 Nissan Sentra
- 2020-2021 Nissan Versa
- 2017-2021 Nissan Rogue Sport
- 2019-2021 Nissan Altima
- 2020-2021 Nissan Kicks
- 2017-2020 Nissan Rogue
- 2021 Nissan Armada
- 2018-2021 Nissan Leaf
- 2019-2021 Nissan Murano
- 2020-2021 Nissan Titan
The AEB lawsuit includes all former and current Nissan lessees and owners in California, North Carolina and Ohio.
The Nissan class action was filed by California plaintiff Angelene Hoeffken (2018 Nissan Rogue), Ohio plaintiff Michelle Bereda (2018 Nissan Rogue) and North Carolina plaintiff Scott Neri (2018 Nissan Rogue).
The three plaintiffs claim their vehicles had AEB problems, but none of the plaintiffs allege they brought their vehicles to Nissan dealers and none allege any mechanics tested or diagnosed the vehicles.
The plaintiffs allege the Nissan AEB system is supposed to be a safety feature but due to the alleged malfunctions, the system becomes a safety hazard.
Nissan drivers, passengers and others on the roads are at risk when the AEB system suddenly decelerates for no apparent reason, distracting a driver by taking their focus off the road.
According to the Nissan automatic emergency braking lawsuit, the owner’s manuals for the earliest vehicles say “in some road or traffic conditions, the FEB [forward emergency braking] system may unexpectedly apply partial braking.”
The Nissan AEB class action lawsuit alleges the automaker has issued about 11 technical service bulletins regarding the automatic emergency braking systems since 2018.
The Nissan AEB lawsuit asserts the automaker hasn't issued a recall in the U.S., but in March 2019 the Center for Auto Safety petitioned the National Highway Traffic Safety Administration to open a federal investigation into 2017-2018 Nissan Rogue and Rogue Sport automatic emergency braking malfunctions.
The government granted the petition and opened a Nissan automatic emergency braking malfunction investigation in September 2019. The investigation remains open.
The Nissan automatic emergency braking lawsuit was filed in the U.S. District Court for the Middle District of Tennessee: Bereda, et al., v. Nissan North America, Inc, et al.
The plaintiffs are represented by Branstetter, Stranch & Jennings, PLLC.