- Subaru owners allege that the 2012-2020 Forester, 2015-2020 Legacy, and the 2015-2020 Outback could accelerate unintentionally.
- Subaru denies the claim, saying that its review of vehicle data shows that pedal confusion was to blame for accidents pointed to in a lawsuit against it.
- Litigation is ongoing in New Jersey District Court.
Subaru of America is facing a lawsuit following a series of complaints from owners alleging unintended acceleration in their vehicles, even with the driver’s foot nowhere near the throttle pedal. These reports paint a concerning picture, with owners describing frightening situations where their Subarus lurched forward unexpectedly. However, Subaru is firmly denying any fault in these incidents.
The law firm of Berger Monitgue is representing purchasers and lessees of 2012-2020 Subaru Foresters, 2015-2020 Legacys, and 2015–2020 Outbacks in a class action lawsuit first filed in 2020. The plaintiffs allege that these vehicles contain a design defect that allows them to accelerate unintentionally.
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The lawsuit claims that the aforementioned models contain defects in their “integrated mechanical and electronic devices that transfer signal between components,” as well as faults in their real-time data algorithms and position sensors in their throttle body assemblies. Additionally, it alleges a flawed brake override system
That’s what owner Karen Karna blamed for a major crash that ended in her 2016 Forester slamming into a box truck. She said that her vehicle’s gas pedal “grabbed hold” while she was visiting a local nursery, and went to the floor, per WSB-TV. “I could see what was coming in front of me and what decisions I had to make from killing somebody or killing myself or injuring myself or somebody,” she added.
Subaru alleges that in its review of these incidents, “the results invariably show that the vehicle driver pressed the accelerator pedal instead of the brake pedal.” The automaker says it is not aware of a “single confirmed case of unintended acceleration in a Subaru vehicle.”
However, the company’s motion to have this case dismissed in 2022 was largely denied by the court. As a result, litigation is ongoing in the United States District Court for the District of New Jersey. Russell Paul, the attorney for the plaintiffs in the class action, remains confident in the merits of his case.
“We’ve spoken to many, many of the class members. You’ve heard them testify, ponder over their experiences, and we’d analyze their crash data. And we’ve also created a simulation of all of the incidents that occurred,” said Paul. “We believe they are clear, clear expressions of unintended acceleration.”