Class Action Lawsuit Says Certain 2022-2026 Subaru Models Equipped with Defective Collision-Avoidance Features

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Subaru of America faces a proposed class action lawsuit that alleges the EyeSight Driver Assist Technology in certain 2022-2026 models is defective, as the collision-avoidance feature can cause a vehicle to abruptly slow down, or stop entirely, without driver input or obstacles in front of or behind the car.

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The 87-page lawsuit claims that Subaru of America has “actively concealed” the defect plaguing its autonomous emergency braking (AEB) system, which was designed to prevent or mitigate collisions with objects in the roadway. The suit alleges that the AEB system in the affected Subaru models is prone to malfunction and activate without cause, or fail to activate when necessary, causing a vehicle to suddenly brake or come to a complete stop in the middle of the road.

According to the complaint, Subaru has known of the apparent braking system defect since at least 2012 from pre-release testing data, early consumer complaints to dealers, warranty claims, and more.

The vehicles at issue in the Subaru class action lawsuit include:

• -2023-2026 Subaru Legacy, Outback, and Ascent;
• -2024-2026 Subaru Impreza and Crosstrek;
• -2022-2026 Subaru Forester and WRX; and
• -2025-2026 Subaru BRZ.

According to the filing, Subaru represents that the above-listed vehicles are equipped with AEB systems that include pre-collision braking and reverse automatic braking, as well as lane-keep assist capabilities. Per the case, these features are designed to detect a potential car crash and automatically brake to avoid a collision or reduce the severity of impact. Subaru advertises the pre-collision braking and lane-keep assist features as part of its EyeSight Driver Assist Technology suite of safety features included in the class vehicles, the case adds.

The class action lawsuit says that although the automaker touts the “superior safety” of EyeSight-equipped vehicles, Subaru has concealed that the systems are “poorly” calibrated and integrated and prone to failure in real-world driving conditions. The case says that the calibration failures lead to “miscommunication” within the systems involved in automatic emergency braking, including the vehicles’ sensors, cameras, brakes, and transmission.

Per the case, the AEB system in the affected Subaru models is dependent on cameras and sensors mounted to the exterior front and rear of the vehicle. When an object is detected on the road, information collected by these cameras and sensors is run through a control module equipped with a proprietary algorithm to calculate the speed, acceleration, and distance of both the vehicle and the object, the filing explains. This control module can be tuned by Subaru to the vehicle’s exact weight and configuration, the suit says.

The lawsuit claims, however, that Subaru “overreached” with regard to the capabilities of the AEB system by “improperly” tuning the driver-assistance features to fully apply the brakes when the vehicle perceives a stationary object. As a result, the suit claims, the AEB system can activate “unnecessarily early and with unnecessary force,” presenting a “clear-cut safety hazard.”

The class action lawsuit adds that the Subaru AEB system is “unpredictable” and sometimes fails to activate even in situations where it is needed, such as when a driver encounters an unexpected pedestrian or vehicle stopped in the road. The case says that the vehicles’ lane-keep assist feature is similarly defective as it “resists” driver input when a consumer attempts to change lanes or drive through a construction zone with barriers, and can cause the steering wheel to jerk without cause.

According to the complaint, Subaru should have known that the class vehicles were hampered by “unusually high levels” of false activations and malfunctions that were indicative of a “systemic” defect that created what Car and Driver called a “shocking” variation in vehicle response time and braking.

The suit goes on to state that Subaru has issued at least 12 technical service bulletins and other communications regarding vehicle EyeSight failures or related systems since 2012. One such bulletin noted that issues with Subaru’s EyeSight cameras could be linked to dirty or fogged glass, raindrops, fingerprints, deteriorated wipers, bad weather, or steep slopes, among others, the lawsuit says.

“[E]ven prior to bringing the class vehicles to market, Subaru was cognizant of the difficulty in integrating the software of all systems required for those systems to function as advertised,” the case emphasizes.

Notably, Subaru agreed to a class action settlement in a case that alleged the same AEB and EyeSight problems in earlier-model-year vehicles. The lawsuit posits that the fact that the EyeSight problems are an ongoing issue shows that Subaru has failed to take “remedial measures” to improve the AEB system.

The Subaru class action lawsuit looks to cover residents of the United States or its territories who purchased or leased, other than for resale, any of the following vehicles: 2023-2026 Subaru Legacy, Outback, and Ascent vehicles; 2024-2026 Subaru Impreza and Crosstrek vehicles; 2022-2026 Subaru Forester and WRX vehicles; and 2025-2026 BRZ vehicles.

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