ADAS Phantom Braking on Florida Highways: When It Qualifies as a Lemon Law Defect

What Is Phantom Braking?

You are cruising at highway speed on I-95 or the Turnpike. Traffic is moving smoothly. Then, without warning, your car slams on the brakes on its own. There is nothing in front of you. No pedestrian. No obstacle. Just open road.

This is called phantom braking. It is also known as false activation of automatic emergency braking, or AEB. It is one of the more alarming problems reported by drivers of newer vehicles equipped with advanced driver assistance systems, or ADAS.

Phantom braking is not just startling. It can be genuinely dangerous. A sudden, unexplained stop at 70 miles per hour puts every driver behind you at serious risk.

How ADAS Systems Work and Why They Fail

Modern vehicles use a combination of cameras, radar, and lidar sensors to monitor the road ahead. These systems are designed to detect obstacles and trigger the brakes automatically when a collision seems imminent.

The technology works well in many situations. But it is not perfect. Sensors can misread shadows, highway signs, overpasses, lane markings, oncoming headlights at night, and even certain weather conditions. When that happens, the system may apply the brakes hard for no real reason.

Some drivers report this happening once or twice. Others report it happening regularly, especially on specific types of roads or in certain lighting conditions. When it happens repeatedly, it raises an important question: does this rise to the level of a defect under Florida law?

Florida's Lemon Law and Safety Defects

Florida's Lemon Law, Chapter 681 of the Florida Statutes, was written to protect consumers who buy or lease new or demonstrator vehicles in Florida that turn out to have serious defects. Used vehicles are generally not covered.

The law focuses on what is called a "nonconformity." That is a defect or condition that substantially impairs the use, value, or safety of the vehicle. It also must not conform to the manufacturer's express warranty.

Phantom braking fits this framework well in many cases. A braking system that activates without cause on a busy Florida highway can clearly impair the safety of the vehicle. It may also impair the use, if the driver avoids certain roads or speeds because of the problem. And it can affect the vehicle's value if the defect is known and documented.

The statute does not require proof that an accident occurred. It requires that the defect substantially impairs use, value, or safety. A repeatedly misfiring emergency braking system on a highway can meet that standard. For a broader look at how ADAS issues are treated under Florida law, see our post on ADAS safety system defects and the lemon law.

The Lemon Law Rights Period

Florida's Lemon Law protection applies during a specific window of time. That window is 24 months from the date the vehicle was originally delivered to the consumer.

If phantom braking is happening in your new vehicle, it matters that you act during this period. Documenting the problem and getting it into a dealership for repair while the rights period is open is important. Many consumers are surprised to learn that a defect appearing later in the 24-month window can still be covered. Our post on defects that appear late in the rights period explains how that works.

Repair Attempts and the Written Notice Requirement

The lemon law process is step-by-step. Here is how it generally works for a recurring defect like phantom braking:

1. Document every incident. Note the date, location, road conditions, speed, and exactly what happened. Video from a dashcam can be very helpful.
2. Take the vehicle in for repair. Every repair visit should be documented with a written repair order. Keep all copies.
3. After three repair attempts for the same problem, the statute allows the consumer to send written notice to the manufacturer. This notice is called a Motor Vehicle Defect Notification. It gives the manufacturer one final opportunity to fix the problem.
4. If 30 or more cumulative days have passed with the vehicle out of service for repair, that can also be a qualifying event. The consumer sends written notice, and the manufacturer gets an opportunity to inspect and attempt a repair.

The written notice steps are required before moving forward in the process. Skipping them can affect a claim.

What Remedies Are Available?

If a vehicle qualifies under the lemon law, the statute allows for two possible remedies. The consumer may receive a replacement vehicle or a refund of the purchase price. A refund generally includes collateral charges and finance charges. It is reduced by a statutory offset that accounts for the consumer's use of the vehicle before the defect was first reported.

The law also provides that a manufacturer pays a prevailing consumer's reasonable attorney fees. This fee-shifting provision is one reason many consumers are able to pursue these claims. Many attorneys who handle lemon law cases work on this basis. If there is no recovery, you owe no attorney fee. Court costs and expenses may apply and are explained in writing before any case begins.

The Arbitration Process

Before a case can go to court, Florida law generally requires that the consumer go through arbitration. If the manufacturer has a certified arbitration program, that step typically comes first. After that, consumers may bring their claim before the Florida New Motor Vehicle Arbitration Board, which is run through the Florida Attorney General's office.

Arbitration can resolve these cases without a lawsuit. Many consumers find it less intimidating than going to court, though both paths are available depending on the circumstances. For more on what to expect, see our overview of the arbitration hearing process.

Past results do not predict future outcomes.

Common Challenges with Phantom Braking Claims

Phantom braking claims can be harder to document than some other defects. The event happens suddenly, leaves no visible damage, and may not trigger a fault code in the vehicle's computer. This can make it easier for a manufacturer to say the technician "could not duplicate" the problem.

Some steps that can strengthen documentation include:

• Noting every occurrence in writing as soon as it happens, with time and location
• Requesting that the dealer check for stored sensor data or calibration logs
• Asking whether a software update has been released for the ADAS system
• Keeping a personal log separate from what the dealer records

The more consistent and specific the documentation, the clearer the picture becomes.

Is Your Vehicle Covered?

Florida's Lemon Law covers new and demonstrator vehicles sold or leased in Florida. It does not cover used vehicles, even if they are still under the original manufacturer's warranty. If you are unsure whether your vehicle qualifies, speaking with someone familiar with Chapter 681 can help clarify your situation.

Phantom braking is a real safety concern, and Florida law was designed with exactly these kinds of serious, recurring defects in mind.

Think your car qualifies?

If there is no recovery, you owe no attorney fee. Court costs and expenses may apply and are explained in writing before any case begins. Take the free 2-minute case check or call Recalde Lemon Law at (305) 792-9100.