Nissan and the Phantom Braking Problem (AEB / FCW) - Lemon Law

More lemon law news involving Nissan as there’s a new issue developing (surprisingly, not the CVT transmission for once!) in 2017 and newer Nissan model vehicles equipped with specific Automatic Emergency Braking (AEB) and Forward Collision Warning (FCW). If you’re driving a car, you don’t want to have issues with brakes, especially with them automatically engaging without driver input.

.The AEB/FCW system is a safety device designed to recognize objects while driving and avoid collisions by automatically applying the brakes if there is an object near the vehicle or in its path. If the driver doesn't apply the brakes in time to avoid a collision, the system automatically applies the brakes and brings the vehicle to a stop. Or, as Nissan describes it in their press release:

AEB (previously known as Forward Emergency Braking) uses radar technology to monitor a vehicle's proximity to the vehicle ahead, giving the driver audible and visual display warnings to help the driver reduce the vehicle's speed if a potential frontal collision is detected. If the driver fails to respond, the AEB system can apply the brakes, helping the driver to avoid the collision or reduce the speed of impact if it is unavoidable.

The following Nissan models are equipped with the potentially faulty AEB / FCW system:

  • 2017 -2023 Nissan Altima

  • 2017 -2023 Nissan Armada

  • 2017 -2023 Nissan Kicks

  • 2017 -2023 Nissan Leaf

  • 2017 -2023 Nissan Maxima

  • 2017 -2023 Nissan Murano

  • 2017 -2023 Nissan Pathfinder

  • 2017 -2023 Nissan Rogue

  • 2017 -2023 Nissan Sentra

  • 2017 -2023 Nissan Versa

The AEB and FCW systems work in conjunction to avoid potentially unsafe collisions. The FCW system, which delivers visual and audio alerts if there is an impediment ahead, is supported by the cars' installation of a number of sensors, radar, and cameras. The AEB system will engage and automatically apply the brakes if a collision is about to occur.

According to complaints to Nissan and the NHTSA, a defective radar module causes the system to routinely activate itself and abruptly stop the vehicles without warning. It appears that the radar modules are producing false-positives and stopping the impacted Nissan vehicles at arbitrary intervals. At bottom, the Nissan thinks there is something in front of it and stops automatically (scary, no?)

Complaints to the NTHSA are similar to this one below:

The contact owns a 2021 Nissan Rogue. The contact stated upon starting the vehicle, the malfunction warning light was illuminated and the message "AWD error. See owner manual" and "ABS Error" were displayed. The contact stated as she turned off and restarted the vehicle, the warning lights disappeared; however, the failure reoccurred intermittently. The contact stated that the vehicle shut off while it was parked and the oil pressure warning light illuminated. Additionally, the contact stated that while driving approximately 65 MPH and depressing the brake pedal, the vehicle emitted abnormally loud sounds. The dealer was notified of the failure and an appointment was scheduled for a diagnostic test. The vehicle was not repaired. The manufacturer was not notified of the failure. The failure mileage was approximately 14,000.

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AEB/ABS braking system lights came on. I've had prior electrical problems with this car so I assumed it was an electrical malfunction. When I took it to the Nissan dealership they told me there was a brake fluid leak in the ABS actuator. The warning lights started Friday August 4th 2023. I took it in to get diagnosed Thursday August 10th 2023. I bought my 2021 Rogue in Jan. 2023 from Carvana with no knowlege of accidents or prior issues within the first few weeks I had issues with the distance sensor which Nissan recplaced. I have not had any accidents with the car since I've owned it.

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The contact leased a 2021 Nissan Rogue. The contact stated while driving 55 MPH, an unknown warning light illuminated and a message indicating an unknown malfunction was displayed. The vehicle then experienced phantom braking and came to a complete stop, almost causing the vehicle behind him to crash into the vehicle. The contact veered to the side of the road. The contact turned off the vehicle. The contact stated that upon restarting the vehicle 10 minutes later, the vehicle responded as needed and he was able to drive to his residence. The vehicle was picked up by the leasing company. The dealer and the manufacturer were not notified of the failure. There was no further information provided. The failure mileage was approximately 30,992.

If you're in California and you’ve taken your 2017 or newer Nissan to a dealership for issues above, from complaints regarding automatic braking, proximity sensor warnings, CVT transmission failure, transmission shaking, loss of power, or any warranty condition, we can help get your vehicle bought back from you…. AT NO COST TO YOU! Valero Law, APC is a California consumer protection firm dedicated to protecting the lemon law rights of California consumers and ALL cases are taken on a contingency basis, meaning if there is no recovery, there is absolutely no fee to you. We will fight to have your vehicle repurchased from you from the manufacturer under California Lemon Law.