When Your Car Brakes on Its Own for No Reason
Imagine driving on a clear highway with no car in front of you. Suddenly, your car slams on the brakes. No obstacle. No pedestrian. No reason at all.
This is called an automatic emergency braking (AEB) false activation. It is also sometimes called phantom braking. It is becoming one of the more common complaints from owners of newer vehicles equipped with advanced driver-assistance systems (ADAS).
These events are not just annoying. They can be dangerous. A sudden unexpected stop on a highway can cause a rear-end collision. It can put you, your passengers, and other drivers at serious risk.
If your new car is doing this repeatedly and the dealer cannot fix it, Florida law may give you options.
What Is Automatic Emergency Braking?
AEB is a safety system designed to detect an imminent collision and apply the brakes automatically if the driver does not react in time. It uses cameras, radar, lidar, or a combination of sensors to monitor the road ahead.
When it works correctly, AEB can prevent or reduce the severity of crashes. But when it malfunctions, it can create the very hazard it is meant to prevent.
False activations can happen because of:
- Dirty, blocked, or misaligned sensors
- Software bugs in the vehicle's control modules
- Poor sensor calibration from the factory
- Interference from road markings, bridges, or overhead signs
- Extreme weather conditions exposing a design flaw
Some false activations are isolated events. Others happen repeatedly, making the vehicle feel unsafe to drive on a daily basis.
Florida's Lemon Law and Safety Defects
Florida's Lemon Law, Chapter 681 of the Florida Statutes, covers new and demonstrator vehicles that are sold or leased in Florida. Used vehicles are not covered under the Lemon Law, though other remedies may exist.
To qualify for protection, a defect must be a "nonconformity." That means it must substantially impair the use, value, or safety of the vehicle. It must also not conform to the manufacturer's express warranty.
A recurring AEB false activation often meets this standard. A braking system that fires unpredictably and without cause can substantially impair safety. Many consumers and attorneys view this type of defect as exactly the kind of serious, recurring problem the law was designed to address.
For more background on how ADAS safety system defects fit into the Lemon Law framework, see our post on ADAS safety system defects and lemon law claims.
The 24-Month Rights Period
The Lemon Law rights period in Florida is 24 months from the date of original delivery of the vehicle. If the defect occurs and you report it for repair within that window, you may be protected even if the repair attempts stretch beyond it.
This deadline matters. Many consumers wait too long, hoping the problem will resolve itself or that the next repair will finally work. Waiting can cost you your rights under the statute. You can read more about that risk in our post on the cost of waiting too long to file a Florida Lemon Law claim.
How Many Repair Attempts Does It Take?
The statute sets out specific thresholds. After three repair attempts for the same defect, the consumer may send a written notice to the manufacturer. This is called a Motor Vehicle Defect Notification. It gives the manufacturer one final opportunity to repair the problem.
Alternatively, if your vehicle has been out of service for repair for 30 or more cumulative days (60 days for recreational vehicles), that can also qualify after written notice and an opportunity to inspect and repair.
Keeping careful records from day one is important. Hold on to every repair order. Note the date you dropped off the vehicle, the date you picked it up, and exactly how the problem was described each time.
The dealer writes the repair orders, but it is wise to make sure your complaint is documented in your own words as clearly as possible. For a deeper look at how days out of service are counted, see our post on days out of service under Florida's Lemon Law.
What Remedies Does the Law Allow?
If a vehicle qualifies under Florida's Lemon Law, the statute allows for two possible remedies:
- A refund, which generally includes the purchase price plus collateral and finance charges, minus a statutory offset calculated based on how much the consumer used the vehicle before the defect was first reported.
- A replacement vehicle of the same or comparable model.
The manufacturer chooses which remedy to provide, though consumers may have some ability to express a preference during the process.