subaru cars

Subaru Acceleration Lawsuit

By: Nicole Halavi

Subaru is a famous automobile brand, a division of Japanese transportation conglomerate Subaru Corporation (earlier known as Fuji Heavy Industries). Subaru vehicles are known for their boxer engine layouts. In the west, Subaru vehicles have appealed to a small but devoted set of automobile enthusiasts. The company has been focused on offering signature engines, all-wheel drive, affordable sports cars, and rough-road capabilities.

Recently, a lawsuit was filed against Subaru in California, alleging several Subaru Models (Forester, Legacy, and Outback) have exhibited defects that led to a spontaneous acceleration. This is a serious issue that can lead to fatal accidents in unfortunate situations. As per the lawsuit, the problem tends to occur when there is a disturbance in the throttle body’s electrical current.

CCA is here to help if your Subaru manufactured vehicle has exhibited any acceleration issues. We invite you to call our experts today for a free consultation: (833) LEMON-FIRM.

What are the Acceleration Issues in the Subaru Vehicles that Resulted in a Class Action Lawsuit?

The recent California class-action lawsuit filed against Subaru alleges the following models have exhibited software problems that cause unintended acceleration: 2015-2019 Subaru Legacy, 2012-2018 Subaru Forester, 2015-2019 Subaru Outback.

One plaintiff, Suzanne Bare from California, purchased a used 2016 Subaru Legacy in July 2019. She also claims she purchased an extended Subaru warranty covering up to the first 84 months and 100,000 miles.

In January 2020, when the plaintiff was driving, with the vehicle on about 33,000 miles, she put her foot on the brake to stop the car, but it instead accelerated when she attempted to put the vehicle on park mode. She continued to apply pressure to the brakes, but the vehicle continued to accelerate and she slammed into a fence ahead. This resulted in severe damages, and the owner suffered $1,600 in damages.

Another California plaintiff, Michael Nickel, purchased a used 2014 Subaru Forester Limited in November 2019 and had similar spontaneous acceleration experiences. He also mentioned that such incidents usually occurred when he stopped the vehicle with his foot on the brake pedal. He remains concerned that the car is unsafe.

The class-action suit claims the CAN (Control Area Network) has software errors, and the brake override system is defected, which leads to unintended acceleration. Moreover, the lawsuit also mentions that the issue could be caused due to a hindrance in the electrical current inside the throttle body. Technicians cannot easily detect this issue.

A 2018 Subaru Legacy user explained the issue as follows: “Car was at a turning intersection. Car was completely stopped, foot was applied to brake with normal pressure. Within a few seconds, car started to progress forward, I lifted foot off brake and reapplied. The brake did not sense pressure, I put the car in park. These actions did not stop the car. Last effort attempt was to lift the emergency brake applied. This stopped the car. I turned off the engine and restarted the car.”

The suit claims that despite receiving multiple complaints from users regarding the same, Subaru failed to issue a recall or even a technical bulletin.

What Can I Do if My Subaru Manufactured Vehicle is Subject to Unintended Acceleration Issues?

If you are experiencing any of the above-mentioned issues, such as unintended acceleration with your Subaru Model, California’s lemon laws are here to protect you and prevent further complications. Our lawyers at CCA are well aware of the recent lawsuit filed against Subaru and the spontaneous acceleration issues in the vehicles. At CCA, we can help you get the compensation you deserve – and at no cost to you!

Feel free to contact our experts for a free consultation at: (833) LEMON-FIRM.

About the Author
Sepehr Daghighian is a partner with CCA that is well-versed in all aspects of lemon-law litigation. A 2005 graduate of Loyola Law School, Mr. Daghighian has been practicing litigation throughout the state of California for over 13-years. In this time, Mr. Daghighian has advocated on behalf of California consumers in hundreds of lemon law cases throughout our great state. Mr. Daghighian has also successfully tried numerous such cases to verdict in both Federal and State Court.