Start with the records. Repair orders, warranty documents, mileage, and days out of service are more useful than general assumptions about whether a vehicle qualifies.
Automatic emergency braking (AEB) is supposed to help you avoid crashes—not cause them. When these systems slam the brakes for no reason (often called “phantom braking”) or fail to engage when they should, the result can be frightening and dangerous. If you’re dealing with repeated emergency braking malfunctions in California, it helps to understand how the state’s lemon law might apply and what steps you can take to protect your rights.
Emergency Braking Failures and California Lemon Law
Automatic emergency braking relies on cameras, radar, and software to detect obstacles and apply the brakes if you don’t react in time. Common issues include false activations at highway speeds, inconsistent braking in stop‑and‑go traffic, or complete failure to engage when a collision is imminent. Triggers can be as simple as bright sun, shadows, overpasses, or lane merges, but they can also point to deeper defects like misaligned sensors, faulty modules, or buggy software. Whether your vehicle is new or used, if it’s still under the manufacturer’s warranty and the AEB system keeps misbehaving, that’s a problem worth addressing quickly.
California’s Lemon Law (part of the Song‑Beverly Consumer Warranty Act) requires manufacturers to repair warranty-covered defects that substantially impair a vehicle’s use, value, or safety. AEB malfunctions often fall into the “safety” category because unexpected or absent braking can lead to rear‑end collisions or leave you unable to stop in time. If the manufacturer or its authorized dealer can’t fix the issue after a reasonable number of attempts, or your vehicle spends significant time in the shop for the same problem, you may have lemon law rights. The remedy can include repurchase or replacement, but eligibility depends on the facts and timing of your repairs and warranty coverage.
California also has a “lemon law presumption” that can make a claim easier to prove if certain thresholds are met within the first 18 months or 18,000 miles, whichever comes first. For example, two or more repair attempts for a defect that’s likely to cause serious injury or death, four or more attempts for other defects, or 30+ cumulative days out of service can trigger the presumption. AEB faults that cause sudden braking at freeway speeds or prevent braking when needed may qualify as serious safety defects. Even if you’re outside the presumption window, you may still have rights under the lemon law—the presumption is a helpful shortcut, not the only path.
What to Document and When to Seek Help from ZapLemon
Start by documenting every incident and repair attempt. Note dates, mileage, speeds, weather, and roadway conditions when the malfunction occurs, and save videos from dashcams if you have them. Take photos of warning lights or messages on the instrument cluster. At the dealership, be clear and specific about your complaint—ask that your words be written on the repair order—and request copies of all repair orders, technician notes, diagnostic trouble codes, and part numbers. Keep records of towing, rental cars, and days your vehicle is out of service.
Work with the dealer promptly and avoid clearing fault codes before service. Ask whether there are software updates, recalls, or Technical Service Bulletins (TSBs) for your make and model related to AEB, forward collision warning, cameras, or radar. If the problem is intermittent, request a test drive with a technician or service advisor to reproduce the behavior. If parts are on backorder or the car sits at the dealership for extended periods, record those dates—time out of service matters under California lemon law.
Consider contacting ZapLemon if any of the following apply: you’ve made repeated repair attempts for AEB issues with little or no improvement; you’ve had two or more visits for an AEB defect that creates a serious safety risk; your vehicle has been in the shop for extended days related to braking malfunctions; or the manufacturer has delayed or refused repairs under warranty. A consultation can help you understand your options, timelines, and next steps. ZapLemon can review your service history, warranty status, and documentation to help you evaluate whether your situation may fit California’s lemon law framework.
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Use the case-review form to share the warranty, repair orders, dates, mileage, and supporting facts an attorney would need to evaluate, or call (844) 927-5366.
Attorney advertising. General information is not legal advice and does not create an attorney-client relationship. No result is promised or guaranteed.