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From minor fender benders to serious collisions, car accidents should never be taken lightly. These incidents can lead not only to significant property damage but also life-altering injuries. Because of this, vehicle defects often lead to massive recalls and lawsuits.
In one such instance reported on by Law360, drivers of the Subaru Outback 2018 and other Subaru vehicles have brought a class action lawsuit against the car manufacturer for an alleged defect which they claim caused their vehicles to suddenly accelerate out of control.
This sudden acceleration lawsuit is Weston et al. v. Subaru of America Inc. et al., Case No. 1:20-cv-05876, filed in the United States District Court for the District of New Jersey.
Subaru Outback Acceleration Problems Overview
The plaintiffs claim that Subaru knew about the sudden unintended acceleration defect since 2011. The defect allegedly affects a range of different makes and models including the following:
- 2012-2018 Subaru Forester
- 2015-2019 Subaru Legacy
- 2015-2019 Subaru Outback
According to the lawsuit, the defendants knew about the defect which causes Subaru vehicles to accelerate “without warning, often while the driver depresses the brake pedal.” The suit alleges that this problem can be an “extreme and unreasonable safety hazard to drivers, passengers, and pedestrians.”
The lawsuit states that the National Highway Transportation Safety Authority (NHTSA) has received a number of complaints regarding the sudden unintended acceleration of Subaru vehicles like the Subaru Outback 2018.
The lawsuit lists these complaints among production testing, warranty data, and dealership repair orders as proof that the company knew about the alleged defects. Despite this, Subaru hasn’t issued a recall on any of these models to make repairs. In fact, the suit alleges that Subaru went so far as to instruct dealerships to tell consumers that their cars were “operating normally” or “no issues could be found.”
Floor mats were allegedly blamed by dealers despite the fact that they were installed and operating correctly. According to the suit, blaming floor mats for unintended acceleration is a common practice in the automotive industry.
What is Causing the Subaru Outback Acceleration Problems?
The suit claims vehicles like the Subaru Outback 2018 are defective for three separate reasons: first, they don’t have an adequate fault detection system to anticipate defects like unintended acceleration. Second, several engine components such as the throttle position sensor and throttle body assembly are “highly susceptible to malfunction.” Lastly, the vehicles’ brake override systems fail to override acceleration not initiated or controlled by the driver.
Unintended acceleration is “the most deadly defect in the history of automation,” according to Car From Japan. This defect is most commonly caused by an electronic malfunction which causes the vehicle’s throttle to “expand wide open.” This defect can occur at practically anytime, but most often happens when the car is already underway.
According to Car From Japan, acts like applying the brakes, disengaging cruise control, and shifting gears can each trigger unintended sudden acceleration.
What Should You Do if Your Subaru Outback Experiences Sudden Acceleration?
Sudden unintended acceleration is incredibly dangerous, so having a few methods to combat this defect in case it happens to your Subaru Outback 2018 is a good idea. First, you want to apply the brakes as hard as you can. Don’t pump the brakes, just keep a steady pressure. The brakes may need more force than usual, but the brakes should eventually win out over the car’s engine.
In case of an emergency, a good solution is to switch your car into neutral. This can be dangerous as well, so be sure to watch your surroundings and keep your foot on the brakes. According to Car From Japan, this may cause the car’s engine to throb, but this is normal.
Whether you merely use the brakes or switch your car into neutral, to be safe you will need to shut off the vehicle once it is under control.
How to Join a Subaru Class Action Lawsuit
The lawsuit being brought against Subaru regarding the unintended acceleration of the Subaru Outback 2018 and other models establishes a nationwide class of consumers who each could qualify for compensation if the suit is successful. It also establishes subclasses for Subaru drivers in Colorado, New Jersey, Connecticut, and North Carolina where further consumer protection laws may have been violated.
If you own a Subaru vehicle that has experienced sudden unintended acceleration, you may be eligible to join a class action lawsuit.
Join a Free Subaru Unintended Acceleration Class Action Lawsuit Investigation
If you have owned or leased 2012–2018 Subaru Forester, a 2015–2019 Subaru Outback, or a 2015–2019 Subaru Legacy that has experienced sudden Subaru unintended acceleration issues, you may be able to join this class action lawsuit investigation and pursue compensation.
This article is not legal advice. It is presented
for informational purposes only.
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