Subaru Sudden Acceleration Lawsuit Update - Forester Slams Into A Garage
A woman driving a 2017 Subaru Forester says her compact SUV accelerated without warning and would not stop after leaving a car wash. The new report from KWLM radio says 65-year-old Kathy Peterson's Forester careened through back yards and ran through fences before hitting a garage.
Peterson says it was a terrifying experience and has bruises where she hit the steering wheel's bottom because the airbag did not inflate. The woman says she stepped on her 2017 Subaru Forester brakes several times, trying to stop the small SUV as it went through the back yards and fences. The vehicle hit a shed and a garage before coming to a stop.
There were reports the 65-year-old woman stepped on the gas and not the brake pedal, but the previous reports were erroneous. The woman learned of Subaru's sudden acceleration lawsuit after the incident and that her 2017 Forester is included in the class-action suit. Peterson says she has made inquiries to see if there's still time to join the lawsuit.
What is the Subaru sudden acceleration lawsuit?
Subaru of America is now in a second class-action lawsuit over the "sudden unintended acceleration" of some 2012-2018 Subaru Forester compact SUV, 2015-2019 Subaru Outback wagon, and the 2015-2019 Subaru Legacy sedan.
The first case was filed in a New Jersey federal court against Subaru in May. According to a report from Automotive News (by subscription), the second lawsuit was filed with the U.S. District Court in Southern California on September 4, 2020.
What is the Subaru issue?
According to the court document, the three Subaru models accelerate for no reason, and both plaintiffs claim to have experienced unintended acceleration in their vehicles. The Subaru Forester, Outback, and Legacy models share the same 2.5-liter Boxer engine in the model years that allegedly have the same sudden acceleration issues.
What is causing the alleged unintended acceleration?
One theory is that the problem stems from electronic throttle control, or a problem with "the throttle position sensor, throttle body assembly, powertrain control module and circuit board allegedly malfunction, and the brake override system doesn't override unintended acceleration."
Attorneys are representing two plaintiffs in the lawsuit from the law firm Morgan and Morgan. Attorneys in the case said, "Despite receiving hundreds of complaints about sudden acceleration defects, we allege that Subaru failed to disclose and potentially even concealed the defect from consumers and has yet to recall their 2012-2018 Forester, 2015-2019 Outback, and 2015-2019 Legacy models".
Subaru of America said they are unaware of any confirmed incidents involving the alleged unintended acceleration.
Dominick Infante, Director, Corporate Communications, Subaru of America, recently told Automotive News, "We believe that drivers are pressing the accelerator pedal instead of the brake pedal by mistake. If an owner is experiencing a problem, we recommend that the vehicle is taken to an authorized Subaru retailer immediately."
Several complaints have been reported with the National Highway Traffic Safety Administration (NHTSA) about speed control issues with some Outback and Forester models. There have also been numerous speed control complaints on Car Complaints and Car Problem Zoo websites about the Forester and Outback models.
What should customers do if they have experienced sudden and unintended acceleration?
Suppose you own a 2012-2018 Subaru Forester, 2015-2019 Subaru Outback, or 2015-2019 Subaru Legacy and have experienced sudden and unintended acceleration. In that case, you can file a complaint with the NHTSA by going to their website or call 1-888-327-4236. Or you can submit your contact information, and an attorney from Morgan and Morgan will give you a free case evaluation.
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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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