When you think of lemon law claims, you might think about faulty hardware; maybe the engine is defective, or there’s a problem with the steering or brakes. In other words, parts don’t work and after repeated attempted repairs, the vehicle can’t be fixed. Then, the consumer consults a lemon law attorney to discover if the defect fits under state (or perhaps federal) law, for potential compensation from the manufacturer.
Over the last few years, we’ve seen automotive technology evolve rapidly. Lemon law claims today can include software problems, and increasingly, defects that involve autonomous driving features. But what features are most drivers using now, and how might they fail, potentially causing a substantial defect that severely impacts a vehicle’s use, value or safety (the core premise for a lemon law claim)?
What Types of Autonomous Features are Most Prevalent Today?
Many vehicles today have what is termed ‘levels of autonomy.’ As of this writing, Level 2 autonomy (we’ll discuss this in more detail in a moment) of all the levels, is most common in newer vehicles. These features provide support, while the driver is fully engaged driving and watching the road. Level 3 is rare in the US and is highly regulated to certain roads. Most manufacturers are focused on improving their Level 2 feature sets, as more widespread Level 3 ‘hands off driving’ is still several years away.
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With this in mind, Level 2 is still providing significant upgrades in autonomy than what was available just a few years ago. Various hands-free highway driving features, braking assist, lane centering assist, Adaptive Cruise Control (ACC), automated reverse assist, and so many more assistive features are under the Level 2 umbrella because they depend on the driver as the fallback. While these technologies offer benefits to drivers as far as safety and convenience, they also can lead to problems when they fail to operate.
New Automotive Technologies within the Context of Lemon Laws
Along with technological advances, two other developments are occurring in the lemon law sphere: lemon laws are evolving to take into account how these new technologies (and their potential failures) should be addressed under the law; and lemon law attorneys are ensuring manufacturers are held accountable, should autonomous feature failures lead to vehicles being classified as lemons.
Types of Autonomous Driving Repair Attempts That Can Fail
What occurs with many of the repair attempts by the manufacturer for these autonomous feature failures is the use of software or over-the-air (OTA) updates. Whether these occur in the repair shop, or remotely, they can fail to work, thereby not repairing the issue that is affecting the vehicle.
Then there is the problem of misinterpretation. That can take several forms: one is that the vehicle’s ‘black box’ might misinterpret things like shadows as obstacles. Another type of misinterpretation could be technicians in the repair shop misinterpreting error codes, or not finding any errors, when the vehicle owner knows something is wrong.
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Still another issue that can figure into autonomous driving features and potential lemon law claims is what’s termed a ‘calibration failure.’ This involves poor sensor alignment. Repair shops often perform these incorrectly, which includes actual setups of systems, not necessarily only software issues.
To add to these potential problems, some repair shops aren’t set up with adequate technology to provide the required repairs. The repair could then fail, adding to the vehicle owner’s frustration, yet potentially also, satisfying one of the state lemon law criteria, which is to provide a reasonable number of repair attempts to the manufacturer (often 3–4 attempts, but this varies by state).
Potential Lemon Law Claim Scenarios Involving Autonomous Feature Failures
So, what recourse do vehicle owners have when these autonomous driving features, which are designed to be helpful, actually cause problems, and, in some cases, create safety hazards? Here we’ll see how some of these situations could play out, involving autonomous features drivers use today.
The “Phantom Braking” Safety Hazard
A consumer bought a luxury SUV and was thrilled with its new tech features. Trouble started within the first 2,000 miles. The car experienced “phantom braking,’ where the Autonomous Emergency Braking (AEB) kept detecting obstacles that weren’t actually there. It applied the brakes randomly at highway speeds. The owner, frightened by several near-miss rear-end collisions, quickly took the car in to the dealer for repairs. But no fix would work, even after bringing the SUV in four times to the repair center. The consumer didn’t know what to do, so she sought out a lemon law attorney for help.
The attorney argued that the vehicle exhibited a nonconformity that substantially impaired its safety and use. The lawyer proved that since after a number of failed repair attempts, the vehicle qualified as a lemon by the client’s state laws, they could go forward with the claim against the manufacturer. The SUV vehicle data, along with evidence provided by the owner, gave the lawyer the proof needed to negotiate a settlement. The manufacturer agreed to a full buyback, acknowledging that the vehicle’s “brain” was unable to provide safe operation.
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The Adaptive Cruise Control Software Loop
A consumer bought the car of his dreams; a high-tech electric sedan. He relied on the Adaptive Cruise Control (ACC) because he made long commutes every day. Unfortunately, an Over-the-Air (OTA) update interfered with this. After the update, the owner noticed how his car drifted out of lanes on curves. He also couldn’t figure out why the car would disengage without any warning. The manufacturer sent digital patches (OTA repairs) to the car, but they didn’t work. The owner said these patches were tried four times. He had no idea what to do next. He got in touch with a lemon law attorney.
When the lemon law attorney took the case, she said that this autonomous suite was presented as a primary feature in the sales contract. Since it no longer worked, the lawyer said the situation now was a breach of express warranty. The remote fixes didn’t repair it, and the attorney said that according to state law, these were failed repairs, and fulfilled the state’s requirement for number of repair attempts. The lawyer successfully negotiated to get the client a replacement vehicle, due to safety and diminished value reasons.
Why You Need a Lemon Law Attorney
With the increasing number of autonomous driving features available today, and more coming in the near future, lemon laws will be evolving, as will the complexity of potential problems. The expertise and knowledge of lemon law attorneys can help consumers fight back against these frustrating problems, when they present a substantial defect that severely impacts the use, value or safety of their vehicle. The attorney anticipates challenges, including the complex nature of today’s autonomous features, and how manufacturers may not be able to, or may try to evade, repairing these.
A lemon law attorney provides many benefits, and one of the most important is their negotiation skill. The manufacturer may try multiple strategies to avoid responsibility, or ignore the claim. The attorney will use evidence and negotiation skills to provide the client with the best opportunity to gain maximum compensation for their defective vehicle.
Contact Allen Stewart, P.C. for Expert Lemon Law Representation
Allen Stewart, P.C. encourages you to contact us for a free consultation regarding your autonomous driving feature issues. We are leading lemon law attorneys in cases involving new vehicle technologies, and have won many cases across the country. Our attorneys are well-known lemon law lawyers in New York, California and Texas. We hold the manufacturer accountable and provide you with aggressive representation in all types of lemon law cases.
You may wonder if you can afford a lawyer. That won’t be a concern, as the manufacturer is obligated to pay your legal costs when you win your case. Please know that the manufacturer will bring its legal team to bear to protect its interests. It’s vital that you have a top lemon law attorney fighting for you.
Now is the right time to schedule your free case review with Allen Stewart, P.C. Find out if your vehicle’s issue can lead to compensation. It’s easy. Call Allen Stewart, P.C. now, (866-440-2460) or schedule your free consultation online to speak with our lemon law attorneys.
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