A lawsuit alleges that some Subaru Foresters, Legacys and Outbacks have a defect that has led to accidents
- Subaru owners claim that the 2012-2020 Forester, 2015-2020 Legacy and 2015-2020 Outback may accelerate unintentionally.
- Subaru disputes the claim, saying its review of vehicle data shows that pedal confusion was responsible for the accidents pointed to in a lawsuit against the company.
- Litigation is currently underway in New Jersey District Court.
Subaru of America is facing a lawsuit after receiving a series of complaints from owners alleging unintentional acceleration of their vehicles, even when the driver’s foot is not near the accelerator pedal. These reports paint a worrying picture: Owners describe frightening situations in which their Subarus lurched forward unexpectedly. However, Subaru strongly denies any blame for these incidents.
The law firm of Berger Monitgue represents buyers and lessees of 2012-2020 Subaru Foresters, 2015-2020 Legacy, and 2015-2020 Outback in a class action lawsuit first filed in 2020. The plaintiffs allege that these vehicles have a design defect that allows them to accelerate unintentionally.
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The lawsuit alleges that the aforementioned models have defects in their “integrated mechanical and electronic devices that transmit signals between components,” as well as errors in their real-time data algorithms and position sensors in their throttle assemblies. Additionally, there are claims of a faulty brake override system
That’s what owner Karen Karna blamed for the serious accident that ended with her 2016 Forester crashing into a box truck. She said her vehicle’s accelerator pedal “stuck” while she was visiting a local kindergarten and fell to the ground, according to WSB-TV. “I could see what was in front of me and the decisions I had to make, whether to kill someone or kill myself or hurt myself or hurt someone,” she added.
Subaru claims that in its investigation of these incidents, “the results invariably show that the driver of the vehicle pressed the accelerator pedal instead of the brake pedal.” The automaker says it is not aware of “a single confirmed case of unintentional acceleration in a Subaru vehicle.” .
However, the company’s request to dismiss this case in 2022 was largely rejected by the court. For this reason, litigation is currently underway in the US District Court for the District of New Jersey. Russell Paul, the attorney for the plaintiffs in the class action lawsuit, remains confident in the merits of his case.
“We spoke to many, many course participants. They listened to their statements, reflected on their experiences and we analyzed their accident data. And we also created a simulation of all the incidents that occurred,” Paul said. “We believe they are a clear expression of unintentional acceleration.”