More than 800,000 2017-2018 Nissan Rogues in New Jersey and across the US have been found to have defective automatic emergency braking systems. This safety feature, which is meant to brake for drivers when faced with stationary or slow-moving objects, will activate for no reason at all, sometimes abruptly and forcefully, putting both drivers and anyone behind them at risk for a crash.
The Center for Auto Safety, a nonprofit consumer advocacy organization, has filed a petition with the National Highway Traffic Safety Administration asking for a formal investigation into the matter. NHTSA’s database is full of complaints from Nissan Rogue owners regarding their AEB feature. Many drivers have shut off the feature, so they are not reaping any safety benefits from it.
The NHTSA has 120 days to provide a formal response to the petition. If it does decide to conduct an investigation, it will most likely result in a vehicle recall. Nissan, for its part, has not treated the AEB defect as a safety risk but as a service issue, sending out a technical service bulletin to dealers but not notifying owners about the defect. The Center for Auto Safety says that this is a violation of federal law.
The services that Nissan owners receive are only covered by a limited-time warranty. However, a federal recall would enable them to obtain more robust consumer protection.
Defective car parts can be responsible for a car accident, in which case victims may be able to file a personal injury claim against the automaker or the parts manufacturer. A lot depends on whether victims themselves contributed to their injuries. This is why having a lawyer evaluate the case may be a good idea. An attorney may assist with the negotiating of a settlement and litigation if a settlement cannot be reached.