South Carolina residents with 2017 or 2018 model Nissan Rogues should be aware that many of these vehicles have been found with defective automatic emergency braking systems. In March 2019, the Center for Auto Safety, a nonprofit consumer advocacy organization, recommended a formal investigation into the false activation of AEB on 2017-2018 Nissan Rogues. There have been more than 800,000 such cases.

The National Highway Traffic Safety Administration has yet to respond to the petition, but if the investigation is carried out, it will most likely result in a vehicle recall. The Center for Auto Safety reports that Nissan, in violation of federal law, has tried to address unintended braking as a service issue rather than as a safety problem. It sent out a technical service bulletin to dealers but did not notify owners of any potential dangers.

The complaints filed against Nissan and filed in the NHTSA database all tell a similar story. The AEB would stop the car, sometimes forcefully, with no obstruction in front of it, endangering both the occupants and those in the cars behind them. This has led many people to shut off the AEB feature, preventing them from benefiting from a feature for which they paid extra. It seems clear, though, from Nissan’s actions that it knows there is a problem.

The NHTSA has 120 days to formally respond to the petition. In the meantime, it is important to know that when defective car parts are to blame for car accidents, victims who are injured through no fault of their own may be able to file a claim against the manufacturer of the part or against the automaker itself. Filing such a claim is not easy, so victims may want a lawyer by their side. If the other side is willing, victims may strive for a settlement.