Many of us dread software updates on our devices and computers. For all the good intentions software companies may have, there’s the law of unintended consequences. Something’s going to go wrong. Your laptop may slow down. Apps may crash. When the computer being updated runs your vehicle, that may literally crash as well.
If you’re injured in a vehicle accident due to a defect in one of the vehicles, you may have grounds to file an insurance claim or personal injury lawsuit to recover compensation for the harm you suffer. To learn more, call The Fleck Firm at (270) 446-7000 today.
There have been many lawsuits concerning vehicle safety defects, but they’ve been based on physical issues. Early SUVs had high centers of gravity, so they rolled over more easily. Defective tires failed prematurely. Seatbelts and airbags malfunctioned. Problems caused by software are a new frontier for vehicle product liability cases.
The Brakes on Peter Rothschild’s Volvo Stopped Working
If your brakes no longer function, you’ll find out when you try to use them, which is a real problem. You use your brakes to stay safe and avoid accidents. You’ll probably notice the windows on your car are smashed or that your driver’s seat is missing before you start your car. You may only discover bad brakes moments before you hit someone or something.
Peter Rothschild was in that situation. In May, he was driving home on a steep, single-lane California road when his Volvo SUV suddenly accelerated. Rothschild pumped and pumped the brakes, but it did nothing to slow the car. He steered it up onto a hilly roadside to stop his SUV, seriously damaging the vehicle.
“I don’t think I would’ve made the next curve and would’ve gone off the side,” he told the Wall Street Journal. If you have a subscription, the article contains a video of the incident shot from the car.
Fixing One Problem and Causing Another
His 2025 XC90 plug-in hybrid SUV’s braking defect happened after, ironically enough, an April recall for 400,000 vehicles to make them safer because of rearview camera failures. It included several software updates. Volvo admits that software update package introduced a new braking issue.
Volvo states that about 11,500 plug-in hybrid and all-electric vehicles that were updated could have the same braking failure. As of July, 600 of them hadn’t been repaired. In affected vehicles, a driver could lose all braking without warning if they coast downhill for at least 1 minute and 40 seconds.
That would occur if drivers use the vehicle’s regenerative brakes technology, which Volvo calls one-pedal-drive in its electric cars or B-mode in its partial hybrid electric vehicles. Otherwise, the problem shouldn’t happen. Volvo states that it received reports of three accidents, but there were no injuries.
The software update affected nine models from 2020 to 2026 model years. Volvo told drivers in June not to drive their cars until they were fixed.
Computerizing Vehicles Opens Up New Ways to Improve and Damage Vehicles
When computers run how your vehicle works, potentially many improvements could be made through updates. Physical changes need not happen. Your vehicle may use less gas, accelerate better, or pollute less, thanks to an update.
As in Volvo’s case, mistakes with complex updates could also make the vehicle more dangerous. You may have a hard time stopping it, the engine may race without you touching the gas pedal, or it may just shut down. There’s also the possibility of malware making its way into your car’s computer so a hacker, not you, controls it.
Last year, nearly 6.8 million recalled vehicles were repaired remotely through “over the air” software updates, up from about 2.7 million in 2023, according to the National Highway Traffic Safety Administration.
Volvo’s Brand is All About Safety
Ironically, this occurred with Volvo, a vehicle manufacturer renowned for its safety reputation. According to the company, they developed the following:
- Three-point seat belts
- Rear-facing child seats
- Booster cushions
- Reinforced side door panels
- Side impact and inflatable curtain airbags
- A seat and head restraint system to limit whiplash
Rothschild’s vehicle was named a top safety pick by the Insurance Institute for Highway Safety. He’s a retired radiologist who’s been buying Volvos since the 1980s in part for its safety reputation. Rothschild says he’s done with the brand and will be buying a Tesla, which has its own set of safety issues.
His attorney has sent a demand letter for compensation for his experience. The issue remains unresolved.
Were You or a Loved One Injured in a Vehicle Accident?
If so, this is not the time to try to settle a case yourself. Your potential recovery, depending on the circumstances, could be substantial. You may have a lot to lose by taking a DIY approach.
Call The Fleck Firm at (270) 446-7000 to schedule a free consultation. We’ll discuss the accident, what happened, and your best options to proceed. Insurance companies have lawyers. You should have one, too.
