Malfunctioning automatic emergency braking - liability?

  • Forester's Avatar
    I'm looking to change car and something that concerns me is the number of reports of 'false positives' with automatic emergency braking systems. I drive a lot on narrow/twisting lanes and this is where at least a proportion of problems appear to happen - braking for branches, birds, leaves, sharp bends, even shadows.

    If I'm involved in a rear-end shunt because my car brakes for no apparent reason, is anyone aware of what the legal position is? Obviously the basic assumption is that the following driver is too close, but does this still apply if the road in front is clear?

    I'm all for effective safety features, but it does seem that many new cars have too much half-baked technology.
  • 6 Replies

  • Nick's Avatar
    Community Manager
    Hey @Forester - welcome to the RAC Community, and thanks for making your first post, it's great to hear from you.

    I may be showing my age somewhat but, when I worked in the insurance industry, these kind of braking systems weren't even a thing - however, as we know, when driving behind someone, we should leave enough distance to be able to stop safely, without going into the back of the vehicle in front - regardless of why that happened (and assuming it wasn't done on purpose, as in crash for cash schemes). I would think the onus and liability would still be on the vehicle behind in this situation.
    Thanks,
    Nick


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  • olduser's Avatar
    Just to round the edges a bit;

    Automatic braking systems do keep a log of events sufficient for the manufacturers to defend themselves in court.
    This can be used to prove that driver was not 'brake testing' the car behind, or the system did try to stop the car but the driver was driving too fast for the conditions.
  • Rolebama's Avatar
    They, to me, are somewhat akin to some EVs which seem to light up brake lights when the driver lifts their foot off the accelerator. Are they stopping - or what?
  • Santa's Avatar
    They, to me, are somewhat akin to some EVs which seem to light up brake lights when the driver lifts their foot off the accelerator. Are they stopping - or what?

    They are slowing down. It is equivalent to braking with an ICE car when regenerative braking is used. The EV will slow down faster than an ICE car due to this.

    "I'm all for effective safety features, but it does seem that many new cars have too much half-baked technology."

    No doubt, early drivers said the same about automatic timing instead of an advance/retard lever.
  • Drivingforfun's Avatar
    @Santa I don't think that's a fair comparison. The worst that could happen if the electronics make the wrong call is a very small loss in fuel economy; versus a fatal crash.

    I had a modern car for a few days, with all the modern legislated kit in it – one being a feature to try to keep you in your lane. As above maybe a good idea on the motorway but not on a country lane. After beeping at you, if you still attempt to steer out of lane it will physically resist by making the steering wheel firm and steering you the opposite way. I drove round some dog walkers on a country lane which meant going over the centre line and what it did was really quite alarming.

    Plus, on a country lane – unlike a motorway – driving over the centre line to smooth out bends or avoid potholes is part of normal driving!!
  • olduser's Avatar
    All these 'aids' miss the real point, if we need them we shouldn't be driving.

    Take the example above, if we are drifting out of lane, certainly on a motorway, it's time to take a rest because the driver is loosing concentration. If the driver is in need of such correction what else are they not doing? 😯