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Subaru of America is hit with a second class-action lawsuit involving 2013-2021 Subaru Forester, Outback, Crosstrek, and other models equipped with the brand's EyeSight driver assist technology. The new Subaru lawsuit says the Camden, N.J. automaker knowingly sold vehicles with faulty safety technology.
A new report from Law360 (by subscription) says the recent class-action lawsuit was filed against Subaru of America in New Jersey federal court last week. Subaru Eyesight is standard equipment on the 2021 Subaru Forester, 2022 Outback, 2022 Subaru Ascent, and 2022 Subaru Legacy models.
Eyesight includes technology like autonomous braking and lane-keeping systems. The new class-action says Subaru concealed the defects to boost profits on its most popular models.
Several named plaintiffs from half a dozen states filed the class-action lawsuit last week claiming their vehicle's autonomous emergency braking system (AEB) either failed to stop their Subaru vehicle when it was needed or was "erroneously triggered by a shadow, rain or something that was not an actual object in the road."
Subaru says, "EyeSight is like having an extra set of eyes on the road and, if need be, an extra foot on the brake when you drive." EyeSight uses stereo cameras mounted at the top of the windshield to monitor traffic movement, optimize the cruise control, and warn the driver if the vehicle sways outside the lane. Subaru says EyeSight has been found to reduce the rate of rear-end crashes with injuries by up to 85 percent.
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.
Should customers and shoppers be concerned about EyeSight?
There are thousands of Subaru vehicles with EyeSight safety technology on the road today without any reported problems. The National Highway Traffic Safety Administration (NHTSA) does not report any defective Subaru EyeSight recalls.
Subaru located the EyeSight cameras inside the vehicle at the top of the windshield to avoid dirt, ice, snow, and debris from abstracting the cameras. Subaru offers one of the best driver-assist safety systems available. Still, no system is perfect all the time because it's impossible to keep the windshield clean 100 percent of the time.
Many new Subaru all-wheel-drive vehicles now come standard with EyeSight driver assist technology. The new lawsuit alleges defects in EyeSights make the safety technology useless and dangerous and that Subaru increases its profits by inflating the prices of its most popular models.
The 2021 Subaru Forester, 2022 Subaru Outback, most 2021 Subaru Crosstrek, and other models are the most affordable vehicles with standard safety technology available for SUV shoppers. Torque News via Subaru Report will bring updates on the two Subaru lawsuits as they become available.
You Might Also Like: Will The Refreshed 2022 Forester Be Self-Driving? Subaru Says An Emphatic No
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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Comments
Comparing this to the earlier
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Comparing this to the earlier lawsuit in May, linked to at the start, I don’t see any difference. Also no accidents or damage mentioned. What do they want from Subaru? Eyesight in wife’s 2016 Outback and my 2021 Crosstrek worked perfectly. In very heavy rain or snow they temporarily indicate it has shut off. Reproducing problems like the alleged ones may be very difficult, costly and dangerous. Subaru, a very small company, introduced autonomous braking very early, ahead of almost others, esp luxury brands. They took years to catch up. I want the new Eyesight with additional cameras at the front and rear corners for enhanced visibility. I hope it can avoid side swiping objects like when entering a garage.
I have a 2023 Outback…
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In reply to Comparing this to the earlier by Don Levin (not verified)
I have a 2023 Outback Touring XT (fully loaded with all 3 cameras) and Subaru's system is garbage. My girlfriend's 2017 Mazda CX-5 does a better job with almost all of the safety systems while my Subaru can't even follow the lines on small bends in the road. I live in the mountains and 90% of my driving is with Eyesight providing almost no assistance, even on major interstates. That is of course when it wants to work. With only 14k miles on the car, I have had it disable itself almost a dozen times, almost always in 'perfect' weather (60-70s, sunny and around Noonish - no sun angle problems).
I had a basic 2023 rental pick-up truck for about a month when my Subaru was rear-ended and that NEVER lost the lines on the mountain roads. It was night and day the difference. The truck also had no problem seeing cars correctly in the distance, whereas my Outback either provides a mile of space to the car in front or I'm riding their bumper. There is no happy medium. (the truck drove like shit and hurt my back)
Due to the truck hurting my back, I turned it in for a 2023 Nissan Pathfinder. Again, the vehicle had no problem keeping the line, keeping a reasonable distance and actually making the car safer.
In short, anyone that says Subaru's system is great has never driven ANY competitor's car in the last 5 or so years, maybe longer. This was my first and last Subaru. (the CVT is garbage too)
So eyesight causes dead
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So eyesight causes dead batteries and doesnt even serve its intended purpose. Yet another reason to avoid subarus with the CVT...!!
Had a 2016 outback 3.6r for 6
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In reply to So eyesight causes dead by NMK (not verified)
Had a 2016 outback 3.6r for 6 years before our daughter took it over. Eyesight works fine; it is a safety tool to mitigate or help reduce the severity of an accident. I have benefitted from it.
I'm sorry, but as a 2023…
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In reply to Had a 2016 outback 3.6r for 6 by Fred Meyers (not verified)
I'm sorry, but as a 2023 Subaru Outback Touring XT ("fully loaded") owner I couldn't disagree more. Yes, it might have helped you once or twice, I don't doubt that, but it is so far behind other manufacturers it is laughable. My girlfriend has a 2017 Mazda CX-5 that centers in the lane and provides the other features SO much better. I had a Lexus, a Toyota and a Nissan rental car for over a month each (Subaru was rear-ended and broke my back in 2 places - I had NEVER broken a single bone in nearly 45 years of life, thanks Subaru) and their systems were far superior. I can truly say that it was a "night and day" difference. I'm not going to lie and say that their systems were perfect, but I regretted getting my car back after seeing how far advanced they were in comparison.
Beyond the poor camera system (why does literally every other brand only need 1?), I think that their system is seriously handicapped by the lack of radar. I think it is obvious when you see that every other MFR uses radar for its superiority over cameras.
If you really do enjoy what EyeSight says it can do, then you really should check out pretty much any other MFR. You will really like the safety tech once you have experienced a MUCH better system.
Never encountered any such
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In reply to So eyesight causes dead by NMK (not verified)
Never encountered any such problem with my 2017 Outback Touring
Hm, hate on for cvt?
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In reply to So eyesight causes dead by NMK (not verified)
Hm, hate on for cvt?
Year 2000's called and want their fake outrage back.
I work on Subarus for a
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I work on Subarus for a living, and what I can say from profession experience is that Eyesight WILL NOT work all the time. There are certain instances that will temporarily halt system operation, or if the vehicle experiences a fault set in pretty much any module, ECM, TCM, VDC, etc., the system will not operate. This is a stereo-optic camera system that needs both cameras within operating parameters to function.
Also, in professional experience, people don’t tend to look at their owners manuals, most take them out and store them at home for whatever reason. Most questions about any of these systems can be answered in those books and I’m willing to bet that people just don’t understand how these systems behave, what their limitations are and what their operating parameters are.
I own a 2021 Outback Touring XT, does the eyesight system do stuff I think is pretty stupid like start braking when the car in front of me is taking an off ramp? Yeah, it’s frustrating, but as long as I increase the following distance in adaptive cruise to match vehicle speed, it doesn’t happen at all.
I work on them too. It
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In reply to I work on Subarus for a by SubieTech (not verified)
I work on them too. It literally says in the eyesight manual that the system can have trouble seeing in certain circumstances. I've seen dust on a lense cause and issue. I've seen aftermarket windsheilds cause issues. People dont understand that to have that good of a system it needs to be very picky. Your not supposed to rely on it at all. Its supposed to just be that system that makes small corrections for you. Literally if lane lines are different colors it can throw the system off. I feel like this lawsuit is not going to go anywhere.
Eyesight on my 2016 Forester
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In reply to I work on Subarus for a by SubieTech (not verified)
Eyesight on my 2016 Forester doesn't like driving into the setting sun, but I have to drive west to get home in the evening. Today was the first time we've driven in heavy rain, and it did go on and off at times. What drives me crazy (I've only had it two months.) is on a narrow, one-lane dirt road, it tells me I'm out of the lane. There is only one lane, and I'm in it! And those trees aren't obstacles; the road turns there! (I did learn how to turn it off.)
You know you can turn the
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In reply to Eyesight on my 2016 Forester by Hans Erdman (not verified)
You know you can turn the lane assist off right
I have the same car, '21
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In reply to I work on Subarus for a by SubieTech (not verified)
I have the same car, '21 outback touring XT. I have also owned '15 and '18 outbacks. You have to get used to the eyesight system, if anything it discourages risky behavior. But it works. I avoided a rear end collision (my fault) a couple of months back and can attest to it. I've found that there have been incremental changes to each one, improvements that were needed- the stereo for instance, it needed work- I'm pretty satisfied with the '21.
My third one, and I dont lease, I buy. Call it owner loyalty. Unless something changes I'll be getting another.
I can tell you why people
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In reply to I work on Subarus for a by SubieTech (not verified)
I can tell you why people take the bulky manuals out and store them at home. Some genius at Subaru reduced the size of the glove box on 2023 Outbacks so that it's now only big enough for one glove. No, the Eyesight function doesn't merely fail in poor weather. Ours fails All The Time. It's a rare trip when we don't get the White icon warning that Eyesight is now inoperative. It has now been in the shop three times to try to fix the problem. The first time in, Subaru tried to convince me that the problem is all in my head. The second time in, I went with video recordings of the vehicle in motion, in clear weather, facing away from the sun, with the Eyesight failure warning illuminated. At this writing, the '23 Outback has been in shop for five weeks whilst the mechanics attempt to diagnose and repair the problem. If Eyesight fails again, without due cause, this will be reason enough to invoke the Lemon Law and ask for a refund. Advice you didn't ask for: Eyesight isn't ready for prime time yet. Until the engineers at Subaru can get it right, consider another vehicle.
I own a 2023 Subaru Outback…
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In reply to I work on Subarus for a by SubieTech (not verified)
I own a 2023 Subaru Outback Touring XT with all 3 cameras and have had the "pleasure" of dealing with a broken back due to my Outback (I NEVER broke a bone in almost 45 years of life) when it was rear-ended at about 30 mph (I would REALLY hate to see what the person looks like at highway speeds in an Outback).
But back to EyeSight... it isn't bad or uninformed users, the system truly sucks. Drive literally ANY other manufacturer and you will see how far behind Subaru is. Some examples: Subaru can't keep track of the lines near my mountain house, but at least 3 other brands have no problem AT ALL with the lines, including my girlfriend's 2017 CX-5. My Subaru loses the lines on a bend in the highway - it is a complete joke. Lane centering is like playing pong, it can never figure out where in the lane it wants to be, but usually favors riding the inside line.
Another example - my Subaru in cruise control will either provide a mile of unnecessary space or will ride the other car's bumper. There is no in between (this is likely due to no radar system). The adaptive cruise control can't even handle a hill regularly losing up to 10mph going up AND down (too much braking) the hill. These are hills that aren't even signed for their slope (plenty of those around me too).
Obviously I find the built-in safety systems to be a joke due to my broken back. Apparently Subaru has never heard the term crumple zone. But thankfully the car only needed $20k in repairs. My back is well beyond that and I haven't even had surgery yet. Plus lifelong pain and suffering.
Thinking about it now, the Subaru EyeSight system reminds me of a brand-new driver. It is so "nervous" about every situation that it actually sees, it twitches a lot and can't quite get the gas/brake pedal correct. It definitely needs A LOT more "practice" and hopefully a much, MUCH needed upgrade (with radar).
Come on. English is not that
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Come on. English is not that difficult of a language. And dictionaries are online. Or maybe I’m wrong and snow and ice and and debris have a hidden abstracting capability.
Heavy rain blinds Eye Sight
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Heavy rain blinds Eye Sight on my 2018 Forester. That is easy to handle. Just go back into Manual control until the screen says that Eye Sight is operating again.
No technology is perfect. Stay aware of how the technology is functioning.
The eye sight on my 2020
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The eye sight on my 2020 forester could definitely use some adjustment. It often tells me my vehicle has left the lane when I am in fact right in the middle. Last week it deployed the emergency pre-collision breaking twice when there was nothing in front of me at all and scared me pretty bad. Sometimes it breaks for mailboxes or trees that are just on the side of the road.
Jenny, I also have a 2020
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In reply to The eye sight on my 2020 by Jenny (not verified)
Jenny, I also have a 2020 Forester, but have not encountered any such problems. I think you probably need to take it in to make sure that the system is working properly, and that there isn't a defective component somewhere.
So far in my XV SUBARU the
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So far in my XV SUBARU the eyesight is good no accident and the best RECOMMENDED safety system.
Rehards.
Nelisile in South Africa
About two weeks ago, I was
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About two weeks ago, I was cut off at high speed by a driver making a right turn from the left lane. If not for my Forester's Eyesight and its braking, I would have hit him. The Forester responded faster than I could have.
I cannot comment on the
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I cannot comment on the lawsuit, as I have no knowledge of the details, but here are a few observations:
In general I have found the eyesight system audible warning works well, but as others have mentioned, it can be fooled by certain street elements, such as the shadows of utility lines running parallel to the street. One thing I do have disabled is the physical steering wheel correction, as I have found it to be distracting, and it is a nuisance every time the system warns me that it is disabled due to a drop below a certain speed. A similar system in use in a rented Hyundai Santa Fe was much more aggressive in frequent small corrections, and I felt it was actually hazardous to use!
I don't expect perfection from these camera systems, and the manuals clearly state that one should not rely upon the eyesight safety system to drive the car (!) and to work correctly in all situations.
Having owned four Subarus
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Having owned four Subarus before purchasing my new 2021 Forester, I am thoroughly proud to be an owner.
Eyesight is NOT intended to be flawless. If you read the manual, you will understand that it is only to be used as an aid ito normal driving. You should never depend on the tech to keep you safe. Nothing can replace attentive driving.
This lawsuit is going to fail!
When one is behind the
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When one is behind the steering wheel-you then are called the DRIVER. As such, you are still in/must be, in Control of your vehicle and be aware of its capabilities & limitations at all times & be ready to act in a split second to keep your vehicle in Control at all times.
2019 Outback Limited. Zero
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2019 Outback Limited. Zero problems with Eyesight. Zero.
Subaru is an awesome company.
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Subaru is an awesome company. We all have choices. Obviously adults being able to buy a car. Stop the childish bad comments. NOTHING is perfect! It doesn't bother me if the lights flash for a minute when it rains really heavy. I appreciate the brakes before my normal braking. I had an accident that caused partial permanent disability. Hence why I chose my 2021 Subaru Forester Sport. My boyfriend went with me and was extremely pleased and surprised with the dealership staff and car! Subaru isn't for everyone. Just because you don't like something doesn't mean it is wrong. Nothing is ever going to be perfect with anything in life. Be Nice. We all have choices.
I don't like lane assist as
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In reply to Subaru is an awesome company. by Cyndy Daniel (not verified)
I don't like lane assist as it's more of a pain how it adjusts itself, hence I drive around with the lane assist feature off. I am satisfied with the EyeSight feature knowing that there will always be some limitations with the technology.
As a owner of a 15 outback
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As a owner of a 15 outback with eye site we have the system very reliable. The alert part has worked numerious times on cars stopping and turning. Last week we had it alert and stop on a car with no brake lights. What more can you ask?
I have a 2021 Forester Sport
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I have a 2021 Forester Sport and occasionally manholes will trigger the braking system. Overall I am happy with the Eyesight technology, but like all technology it is not without it's bugs.
I have a 2014 Outback touring
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I have a 2014 Outback touring model. In my experience the EyeSight safety feature has worked almost flawlessly. Once I got into an accident at 30 mile speed when it didn't recognize a load extension on a pickup. Pickup had stopped and Subaru didn’t react to the extended load. Understand that this is a technology and not same as what Tesla offers and over the period I have learnt some of the weaknesses and how to react to certain situations with cruise activated. My only gripe is that when on cruise mode Eyesight reaction time is slow to changing traffic pattern which sometime gets into a situation where I have to take over and apply brake. Wish the system was little fast and also Subaru had those ultrasonic sensors on the front bumper to enhance Eyesight feature as well in situation when pulling inside a garage where there are obstructions not quite visible to the cameras.
I have driver assist
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I have driver assist technology in my Volvo that has worked pretty flawlessly for over 3 years and was given a Subaru Outback as a loaner car from my dealership a few months ago. I noticed the Subaru system seemed way more aggressive than the one in my Volvo. I confirmed this was the case when I switched it on as I was getting on the highway and ended up slamming into the car in front of me who had to brake suddenly to avoid someone swerving in front of him. I've been in way more perilous situations in my Volvo and never came close to an impact!