Chrysler and Dodge Cruise Control Malfunction
Did you crash your Chrysler or Dodge due to a cruise control malfunction? Were you driving down a highway on cruise control and it would not turn off, causing a crash? Call the Law Offices of Jason Turchin. Jason and his team of Florida Products Liability Attorneys have represented many clients who have been injured as a result of defective auto parts. Call us today at (800) 337-7755 to see how we can help you receive the financial compensation you deserve.
Florida is a large state that often requires residents and visitors to get on the highway for faster and more convenient travel. Many drivers who are traveling long distances will choose to turn on cruise control, which enables the car to maintain a particular speed without keeping your foot on the gas pedal.
Disabling cruise control is simple: either tap the brake or press the “cancel” button that is usually found on the steering wheel. In certain Chrysler and Dodge vehicles, however, there is an alleged defect that makes it so cruise control cannot be canceled. Loss of control coupled with an immediate sense of panic can easily cause a driver to crash his car.Why Can’t Cruise Control be Disabled?
In August 2018, Chrysler issued a recall to certain Chrysler and Dodge models regarding a defect in certain Mopar Stage 1 high performance Powertrain Control Modules (PCM) Part Numbers P5160023, P5160025, and Demon Crate PCM Part Number 68412287AA.
The recall acknowledgement states, “the fault handling strategy of this PCM software does not remove positive torque requests from the engine controller if the CAN-C bus stops communicating while the cruise control is requesting positive torque.”
In other words, when cruise control is enabled, the computer sends a signal to the controls to transmit power to the engine (normally this is done manually when you step on the gas petal). This software defect makes it so that the signal to turn off or cancel cruise control is not sent to the engine, and thus, power is still being transmitted as if the accelerator was pressed.
The following Chrysler and Dodge vehicles have been recalled due to a defective Mopar Powertrain Control Modules:
- Chrysler 300 / 2014-2016
- Dodge Challenger / 2014, 2015, 2016, 2018
- Dodge Charger / 2014-2016
In Florida, Chrysler may be held liable for a defective vehicles if the plaintiff can prove he suffered an actual injury, the defective vehicle or part was the proximate cause of his injury, that he was using cruise control as it was intended to be used, and that Chrysler knew or should have known about the defective part and failed to adequately warn all owners of the affected vehicles.
The circumstances of your accident and the nature of the defect will determine how we will try to prove liability. There are four ways to prove liability, which include:
- Strict Liability - The plaintiff must show that the cruise control was unsafe.
- Negligence - The plaintiff must show that the defective cruise control components (PCM) were built improperly, and that a reasonably prudent person in Chrysler’s position could have foreseen the defect could ultimately drivers and passengers to get hurt.
- Breach of Express Warranty - An expectation that is explicitly stated in the contract, driver’s manual, or by way of marketing. For example, “press cancel to disable cruise control.”
- Breach of Implied Warranty - This is based on the buyer’s reasonable expectations when purchasing the vehicle. A reasonable person would not buy a car if he knew the cruise control couldn’t be disabled.
If a loved one died in a high speed single vehicle crash in one of the recalled vehicles, it may be caused by a faulty cruise control. If you suspect a vehicle defect caused or contributed to a loved one’s death, call our Florida product liability lawyers as soon as possible, and try to preserve the vehicle if possible. You may have a wrongful death case in Florida for the loss of your loved one.
If you were hurt in a car accident caused by your inability to disable cruise control in your Chrysler or Dodge, don’t hesitate and reach out to the Law Offices of Jason Turchin. Florida Products Liability Lawyer Jason Turchin specializes in injuries resulting from defective automotive parts and has the experience to get you the financial compensation you deserve. Call us today at (800) 337-7755 to get started on your claim. We always offer a free consultation!
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