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Subaru Is Hit With Another Lawsuit- Owners Say EyeSight Is Dangerous

A new lawsuit had been filed against Subaru. 2021 Subaru Forester, Outback, and Crosstrek, and other models are included. See why owners say the automaker's EyeSight safety technology is dangerous.

Subaru of America is hit with a new class action involving 2013-2021 Subaru Forester, Outback, Crosstrek, and other models equipped with the brand's EyeSight driver assist technology. The new Subaru lawsuit was recently filed in the district court of New Jersey.

Attorneys Berger Montague PC and Capstone Law APC represent Laura and James Sampson, Anthony Ventura and Joanne Fulgieri Ventura, Elizabeth Wheatley, and Shirley Reinhard. The plaintiffs claim Subaru's EyeSight includes automatic emergency braking (AEB), and lane-keep assist technology is dangerous.

2021 Subaru Forester, 2021 Subaru Crosstrek, 2021 Subaru Outback

Torque News has reported the advantages of the Subaru EyeSight safety technology and its many benefits. The Insurance Institute for Highway Safety (IIHS) has given 2021 Subaru Forester, Outback, Crosstrek, and other models a 'Superior' rating in front crash prevention when equipped with EyeSight driver assist technology.

The new lawsuit against Subaru claims the automaker failed to warn customers about the automatic emergency braking system, which allegedly has defects with software calibration from multiple control modules. The plaintiffs say the brakes activate when there are no objects in front or behind the vehicle.

2021 Subaru Forester, 2021 Subaru Crosstrek, 2021 Subaru Outback

Other complaints say the Japanese automaker's automatic emergency braking fails to engage when objects are in front of the 2013-2021 Subaru models equipped with EyeSight. The lawsuit alleges this is caused by errors between the transmission, brakes, and cameras located at the top of the windshield.

The new Subaru class-action lawsuit says the EyeSight's lane keep assist feature is also defective. It alleges errors in the system "correct the vehicle's steering when the driver is trying to change lanes, is driving on the road with construction barriers, or if the road has multiple lines due to construction."

2021 Subaru Forester, 2021 Subaru Crosstrek, 2021 Subaru Outback

The lawsuit documents many owners who claim the lane keep assist system will shut down entirely until the vehicle is restarted, preventing the cars from providing owners were promised in the automaker's advertising. The lawsuit also alleges the lane-keep system jerks the steering wheel and "even steers the vehicle into other vehicles."

The lawsuit alleges that the lane-keep assist problems are due to poor software calibration from the power steering control module and other modules.

The 2021 Subaru Forester, 2021 Subaru Outback, 2021 Subaru Crosstrek, and other models now come standard with EyeSight driver assist technology. The plaintiffs allege the problems make the safety technology useless and dangerous and that Subaru increases its profits by inflating the prices of its most popular models. Torque News will bring updates on the new Subaru lawsuit as they become available.

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Denis Flierl has invested over 30 years in the automotive industry in a consulting role working with every major car brand. He is an accredited member of the Rocky Mountain Automotive Press. Check out Subaru Report where he covers all of the Japanese automaker's models. More stories can be found on the Torque News Subaru page. Follow Denis on Facebook, Twitter, and Instagram.

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Photo credit: Subaru USA

Comments

Scott (not verified)    May 5, 2021 - 4:06PM

I've got a 2019 Forester. The system isn't perfect but it hasn't ever fired the AEB on me unless there is actually something there. The biggest nuisance is when the car ahead of you slows down and changes lanes, the AEB will go off if you try to pass them too soon. I also had it go off once because of a sign that was posted very close to the road on a sharp curve. To the computer I'm sure it looked like it was right in front of me.

The lane assist is the most troublesome, but it's never done anything dangerous. If you have a firm grip on the wheel, it will just temporarily disable itself. It's never strong enough to overpower you. Anybody who has had a problem probably isn't driving with their hands on the wheel. Honestly, I have no idea how it would be able to veer into another vehicle otherwise.

Everyone should also be aware that no safety system based solely on machine vision is going to be foolproof. Road conditions are not universally consistent enough for that to ever be a reality.

Jim Hertsch (not verified)    May 8, 2021 - 3:07PM

In reply to by Scott (not verified)

Is it the AEB or the cruise control braking? AEB will be accompanied the system beeping urgently and the braking making a clacking noise. The cruise control will brake for cars in front slowing to turn and sometimes decelerating to exit if the system thinks thy have not moved far enough out of path. This (and the AEB) can be overridden by taking control of the gas pedal until the situation resolves.

teimar (not verified)    May 5, 2021 - 4:25PM

Es normal que se alerte por un vehiculo cuando gira para salir de la via. La velocidad del vehiculo la mantiene el morro pero la parte trasera sufre una deceleracion importante y si el conductor del subaru no esta tocando el freno, el vehiculo entiende que hay peligro de colision inminente ante el acercamiento rapido entre vehiculos.
Cuando entro a mi parking, tengo que girar 90ª y el vehiculo que me precede se acerca peligrosamente sorprendido por la retencion de mi trasera mientras el morro gira sin perder velocidad, ellos no tienen asistencia....
Y si, alguna vez me ha detectado un vehiculo aparcado delante mientras giraba a poca velocidad pero solo me ha avisado con pitos y luces de advertencia, nada mas. Contento con las asistencias.
Espectacular la deteccion del trafico cruzado trasero.

Stephen (not verified)    May 6, 2021 - 1:07PM

I got $6k of the MSRP of a new 2015 Forester XT Touring model because it sat on the lot for 6 months and that was because it didn't have the EyeSight feature. It was surprising to me that no one wanted it that way but I love my car and ironically, since it's something I have no desire for, I wouldn't have it if it weren't for the EyeSight feature existing.

Jim Hertsch (not verified)    May 6, 2021 - 9:32PM

What a frivolous suit. I have a 17 Forester with a full Eyesight suite. I turn it on when I put the car in Drive and off when I finish my trip. I love it. During most of my driving, even on residential streets. I use the dynamic cruise control. I am VERY satisfied. The lane keeping is good if one understands it. It's nudges can be a bit disconcerting at first but not a big deal once one gets used to them. It will resist changing lanes if I forget to use my turn signal. Remember lane-keeping depends on lane markings to function. I did have one at first scary then humorous experience with it: One time in winter the lane-keeper responded to the white brine stripes put on the road in anticipation of a snow storm. That scared me until i realized what was happening. The car does brake sometimes when a car in front slows to exit the highway; I believe usually this is cruise control, not the pre-collision braking and is easy to override with a tap on the gas pedal. Note, even Subaru warns about using the cruise control on roads with 90-degree intersections, though I find I can use it in these situations too, if I understand how it happens. I have had the pre-collision braking activate: once when the system detected a pedestrian about to cross in front of me and (again funny in retrospect) when a vulture tried to avoid me by flying straight along the road instead of left or right when I approached him feeding on a dead animal. I must admit, however, not understanding the relation between lane departure warning and lane-keeping features. In fact I am beginning to believe they are two separate features that share the same Eyesight detectors.

Jim Hertsch (not verified)    May 7, 2021 - 7:44AM

I think some writers are confusing the emergency braking with dynamic cruise control braking. Emergency braking will be accompanied by an urgent beeping alarm and the system will make kind of a clacking noise. The cruise control braking, as some describe for a vehicle leaving the highway is just brakes, admittedly sometimes emphatic brakes. Drivers can override this braking with a tap on the gas pedal. Drivers also can override the emergency (pre-collision braking) braking by taking over the gas pedal.

Edward Magowan (not verified)    May 7, 2021 - 1:03PM

Nothing wrong with either system. Lazy drivers looking to hit the lawsuit lottery. Subaru should counter sue when they win.

Chrissy Mamone (not verified)    May 7, 2021 - 3:13PM

The below statement has happened to me several times. You never know when it's going to happen.

The new lawsuit against Subaru claims the automaker failed to warn customers about the automatic emergency braking system, which allegedly has defects with software calibration from multiple control modules. The plaintiffs say the brakes activate when there are no objects in front or behind the vehicle.

In addition, the whole system constantly shuts down for about 3 mins. It happened 4 times this week. Pretty scary when driving and everything shuts off.

Joshua (not verified)    May 7, 2021 - 8:13PM

I've almost wrecked multiple times due to false braking, and actually had a car behind me crash because our car brakes for no reason.

MALCOLM CRAWFORD (not verified)    May 7, 2021 - 11:23PM

I had a 2016 Forester Touring with almost 100k miles, and had no issues with any of the safety features. Only thing I did was keep gas in it, get service and drive. No issues. I also now have a 2021 Forester Touring. No issues at all!.

James Hill (not verified)    May 10, 2021 - 12:07PM

Clearly another case of TOO MANY LAWYERS in our country. My wife is on her fifth Outback, and has had NONE of these problems!

Diane Johnson (not verified)    May 11, 2021 - 2:45PM

I am becoming increasingly frustrated and disappointed in my 2020 Subaru Forester! I don't like the fact the safety options are ON unless you turn them off individually and per ignition turn. Should be the other way around. I have had my car jerk the steering wheel and slam on the brakes for no reason -- I don't like it being out of my control! And my Android phone still fights with my car even though they promised me a patch fix months ago. May not be my last Subaru, but will definitely be my last from my large but inept dealer!

Udele Harvey (not verified)    May 29, 2021 - 10:28PM

I had similar features in my Chevy that I had before my Subaru and the Subaru version is much better. The Chevy version of this technology randomly slams the brakes on when a shadow passes in front of the sensor or rain. I have noticed no issues whatsoever with the Subaru version of it it is wonderful.

Ben (not verified)    June 25, 2021 - 1:45PM

On my Crosstrek I won't use the lane keep assist. It's tried to nudge me into oncoming traffic or hug the center line in curves on two lanes roads too close for comfort with traffic coming the other way.

Also, on a few occasions when the cruise is running, the car has fired off a collision warning--while the car is driving. I find that amusing, you'd think it would account for that. Otherwise, once you get used to how it works the adaptive cruise is pretty nice.

Russell Isenhour (not verified)    June 28, 2021 - 2:43PM

2017 crosstrek I have at 70000 miles had to have catalytic converter replaced an then with in 100 miles the already recalled brake light switch had to be replaced an then day after that check engine light on again an not even a 100 miles said was converter code took back to dealer an there is a code even tech department has never seen or knows what it is an when check engine light comes on u lose all your safety features an no cruise control no eyesight an all this happened in a 3 week period an had to wait 3 weeks on converter

Norma Brettell (not verified)    July 5, 2021 - 6:50PM

Subaru calls it a "collision avoidance system." I call it the "sitting duck" system. A pickup pulled out and began driving on the wrong side of the road directly towards me. I wanted to scoot off the road to my right to avoid his path. I pushed the gas pedal and turned the wheel hard to the right. But no, my 2 week old Outback applied the brakes and I was a sitting duck. Fortunately for me I finally got the car to move forward and off the road. Subaru Sitting Duck.

Greg (not verified)    July 6, 2021 - 8:08AM

In reply to by Norma Brettell (not verified)

If you press on the had it should have over ridden the system. If this happened you need to take to dealer and have it fixed. Mine alerts at times but is very easy to press gas and it ignored the warning.

Norm Elefante (not verified)    August 9, 2021 - 3:26PM

I've never had any problems with my 2019 Forester. The lane departure warning is a little sensitive on unsignaled lane changes. Lane keep assist does a good job of nudging the steering wheel when I go over a lane line without signaling, but not to the point where I am not in control of the vehicle. Automatic Emergency Braking works good and hasn't activated unexpectedly. Adaptive Cruise Control works better than expected for me even in heavy rain on a winding highway at night. In stop and go traffic in a construction zone, I don't even have a touch the gas or brake pedal to drive. Eyesight is good at detection vehicles that change lanes unexpectedly in front of me and knows whether or not it has to stop the vehicle or just slow down. All these features can be disable by using the on /off buttons on the steering wheel or overhead panel.

Bryan (not verified)    August 30, 2021 - 7:01PM

I'm not part of the lawsuit but I think this lawsuit is legit. Just because you never experience it personally doesn't mean that people just want to sue Subaru for money. Here's what happened to me.

I bought 2022 Subaru Outback this past July 2021 through heavy recommendations from friends, family members and online research. Within a week of purchase, I took it for a 2800 mi road trip from Seattle - Yellowstone and back. I have to say I'm permanently disabling center lane assist and never turning it back on again. THAT FEATURE IS DANGEROUS!!!

Within the first few hundred miles of testing EyeSight and center lane assist feature, I came very close to major accidents twice! The first time was while driven through a construction zone where orange cones were highly visible but there were new lane markers mixed in with faded old lane marker but the new lanes slightly shifted to the left. My Subaru registered old lane markers and mistook it as me departing my lane and quickly and suddenly swerved right into the adjacent lane. Luckily there was no car besides me otherwise who know what would had happened. The second time was the same way but instead of construction zone, my swerved into adjacent lane due to a tire streak(or a skid mark) on the road within my lane!!! Never again. I disabled lane assist feature right after that.

Moral of the story is EyeSight or any driving assist technology that rely on image recognition is extremely new and very very error prone. It rely heavily on the camera being able to see what's in front of it. That alone sounded ok when you have someone like Elon Musk heavily advocate its virtue but remember that a car like Tesla have a dozen other sensors while Subaru only have EyeSight. The EyeSight only works when the road condition is 100% perfect, aka relatively new road with lane marker being visible, sunny with no rain, fog, or dust on your windshield. When was the last time you see anything in real world being 100% perfect? In fact Subaru manual do not recommend any thing on the windshield including something like tint or clear film, or invisible coat of Rain Max. If something that is invisible to your naked eye can interfere with the working of EyeSight, imagine what will happen when something that's NOT invisible like random bug splattered, rain, or dust on your windshield... just happen to show up randomly. If Subaru do not recommend tinting on your windshield, how will their technology perform under changing lighting condition?

Sholeh Mesbah (not verified)    September 3, 2021 - 12:18AM

In reply to by Bryan (not verified)

I have a 2018 forester and this afternoon the car out my life and the ones around me in danger. I was driving on the freeway, started to change lanes when I noticed there was a car next to me so I turned the steering wheel to the right to get back in my lane, to my horror the car steered to the left to the left lane jerking me so bad that I lost control of the pedals, I turned the wheel to the right and the car continued to move towards the fencing on the shoulder. I turned the wheel again and finally were able to push the brakes. I was very lucky there were no cars around me and the other drivers were able to avoid hitting me. I don’t trust this car anymore and would like to know how this issue is being addressed. I called the service department and they said there were no recalls for my vehicle. I am taking it for service. I was not using the cruse control and I was driving at 74 miles an hour at a 70 miles an hour speed limit zone.

Roberta O'Meara (not verified)    September 17, 2021 - 8:32PM

We've had three incidents with our 2021 Subaru Forester where it will suddenly come to halt with no objects in front of us or to the side. The latest happened on 9/17/21; it was the scariest as we were driving down a two-lane highway at 50 mph and it all of a sudden stopped. Fortunately, there weren't any cars behind us as this sudden deceleration would have caused an accident for sure.

Richard wing (not verified)    November 4, 2021 - 1:50PM

The eyesite is completely useless in Washington state. In the winter when it rains alot the eyesite will not even come on. Instead you get a message on the dash that says eyesite is unavailable. So for us in the pacific north wet it's a garbage safety feature.

Teresa (not verified)    November 6, 2021 - 3:46PM

I have a 2020 Crosstrek. I have owned the vehicle for two years. The lane assist behaves radically swerving me to the left dramatically. I keep the feature turned off, but sometimes the vehicle turns this feature on without warning. The last time this occurred I was nearly slammed into the center divider. I had to white knuckle steer the vehicle away from the obstacle. My passengers screamed. I took the vehicle in for warranty maintaince yesterday. I was told the technician could not duplicate it. I was very unhappy with the response. I thought the vehicle just needed an upgrade in its computer.

I own two additional Subaru vehicles, both with Eyesight. I have a 2015 Impreza which works fine unless the car in front turns off the road and then the vehicle slams on its breaks. This is rare. I just have to be aware of the road and adjust the controls accordingly. I have a 2021 Subaru Assent. The Eyesight and lane assist works beautifully on this vehicle.

Has anyone else experienced the Crosstrek Lane Assist feature malfunctioning in this dramatic way?

Chris (not verified)    November 8, 2021 - 7:23PM

Have a 2021 Crosstrek with the 2.5 and I can’t agree more with this articles. My Crosstrek braking for nothing, steering wheel is insanely jerking, lane centering assist out the car to the left almost did front collision because of it, system saying I don’t have hands on the steering wheel, the car is off center in between lines.

There is really something wrong and DANGEROUS with that eyesight.

That’s really scary.

Gary Franzen (not verified)    January 28, 2022 - 7:19PM

2016 Subaru Outback. No issues. Eyesight seems to work well, particularly the automatic braking function which has activated at least a couple times when I was not paying close attention. The lane drift warning is useful, but also can be intrusive as the intelligence of the system has limits. I do like the interval cruise control and use that all the time. Another useful feature is the "car ahead has moved" reminder when stopped at traffic lights.