Subaru Pre-Collision Braking Defect – Class Action Investigation

Ahdoot & Wolfson, PC is investigating a potential class action lawsuit against Subaru of America, Inc. based on recent reports that recent model year Subaru vehicles continue to suffer from a defect in the vehicles’ pre-collision braking system, part of Subaru’s EyeSight driver assistance technology.

This defect reportedly causes the pre-collision braking system to activate unexpectedly or fail to engage when needed, leading to potential safety hazards such as sudden stops in traffic, increased risk of rear-end collisions, or failure to prevent frontal collisions. Drivers have reported instances of the system braking without obstacles present, or not responding to actual hazards, which can distract drivers and compromise vehicle control.

Reports indicate that the issue manifests in various driving conditions, often at highway speeds or in urban environments. Symptoms include phantom braking events where the vehicle slows or stops abruptly without warning, or delayed/no activation during emergency situations. These problems persist even after software updates or dealer interventions, suggesting an underlying hardware or software flaw that has not been adequately addressed.

This defect was the subject of prior litigation in the case of Sampson, et al. v. Subaru of America, Inc., Case No. 1:21-cv-10284-ESK-SAK, in the United States District Court for the District of New Jersey. The case, which alleged defects in the EyeSight system’s pre-collision braking in earlier model years, recently settled with final approval granted by the court.

Despite the settlement, reports suggest the issue appears to be ongoing in later model years, and Subaru does not appear to have fully fixed the defect. Possible causes may include faulty sensors, calibration errors in the stereo camera system, software glitches, or integration issues with other vehicle systems.

According to our investigation, the models and model years subject to this ongoing issue include the following:

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

If you own or lease a recent model year Subaru vehicle equipped with the EyeSight pre-collision braking system and have experienced unexpected braking events or failures, you may be entitled to compensation. Please fill out the form below to speak with one of our attorneys for a free consultation.