What Is Sudden Unintended Acceleration? Risk, Legal Options & Next Steps

Sudden unintended acceleration (SUA) is when a vehicle accelerates on its own, without the driver pressing the gas, often with an apparent loss of braking. It can be caused by electronic or throttle malfunctions, stuck pedals or trapped floor mats, or pedal misapplication, and it has led to serious high-speed crashes.

Imagine driving down the highway at a steady pace when, without warning, your car surges forward uncontrollably. Your heart races as you struggle to regain control, but the vehicle seems to have a mind of its own. This terrifying experience, known as sudden unintended acceleration (SUA), has led to numerous accidents, injuries, and even fatalities.

Understanding the causes and legal options helps victims seek justice and potentially prevent future incidents.

Understanding Unintended Acceleration

Sudden unintended acceleration (SUA) occurs when a vehicle accelerates independently without driver input. This defect leads to dangerous, high-speed crashes, putting drivers, passengers, and pedestrians at serious risk.

SUA is often linked to electronic malfunctions, mechanical failures, or pedal misapplication. Regardless of the cause, victims of SUA-related accidents may have legal options to hold manufacturers or other responsible parties accountable.

Causes and Risks of SUA

Learning the origin of SUA may help you spot potential issues before they cause an accident. The most common issues resulting in SUA include the following:

• Electronic throttle control (ETC) malfunctions. Modern vehicles use electronic rather than mechanical throttle systems, which sometimes fail due to software glitches or sensor malfunctions.
• Stuck or jammed accelerator pedals. Defective pedals get trapped due to design flaws, floor mats, or mechanical failures.
• Brake system failures. In rare cases, the braking system fails to override the acceleration, leading to loss of vehicle control.
• Software and firmware bugs. Some cases of SUA have been linked to programming errors in in-vehicle computers, which affect throttle response.
• Mechanical wear and tear. Older vehicles with worn-out components may develop throttle or pedal issues contributing to unintended acceleration.

The risks associated with SUA include high-speed collisions, severe injuries, and fatalities. Victims may experience broken bones, spinal injuries, traumatic brain injuries, or emotional distress following an SUA-related crash. Additionally, the financial burden of medical bills, vehicle repairs, and lost wages can be overwhelming.

Legal Recourse for SUA Victims

If your car accelerates on its own while driving and causes an accident, you may have legal grounds to seek compensation. Potential legal actions include:

• Product liability claims. Product liability claims seek to hold vehicle manufacturers accountable for defects that led to unintended acceleration. Succeeding in a lawsuit requires proving design flaws, manufacturing defects, or failure to warn consumers about known risks.
• Negligence claims. If a mechanic or dealership fails to address a known issue with your vehicle, they might be liable for failing to maintain or repair it properly.
• Wrongful death claims. Families of deceased victims may pursue compensation for loss of life, funeral expenses, and emotional suffering, ensuring that negligent parties are held accountable.
• Class action lawsuits. In cases where multiple drivers have experienced SUA in the same vehicle model, a class action lawsuit may be an option to hold manufacturers accountable. These lawsuits bring widespread attention to the issue and push for necessary recalls and safety changes.

A car accident lawyer experienced in vehicle defect cases assesses your claim and determines the best legal strategy. Compensation in SUA cases may include medical expenses, lost income, and pain and suffering.

What to Do If Your Accelerator Fails or Sticks

What is a gradual slowing or acceleration of your vehicle without using the accelerator or brake called?

This is known as sudden unintended acceleration (or an unintended speed change), where a vehicle speeds up or slows on its own without driver input. It is often caused by throttle, electronic, or cruise-control malfunctions.

If your accelerator fails, which gear should you shift into?

Neutral. Shifting to neutral (N) disconnects the engine from the wheels so the car stops accelerating, while you keep steering and braking control. Do not shift into park or reverse while the vehicle is moving.

If the accelerator sticks and no traffic is present, what should you try first?

If it is safe and no traffic is around, you can try to lift the pedal with the toe of your shoe to see if it releases. If it does not come up right away, shift to neutral, apply steady brake pressure, and steer to a safe spot rather than fighting the pedal.

If your accelerator won't come up, what is the first thing you should do?

Pull over safely using firm, constant brake pressure and shift into neutral. Do not pump the brakes, and do not turn the engine off while still moving at speed, since that can cost you power steering and braking assistance.

If your engine begins running faster because of a faulty accelerator, what should you do?

Shift to neutral, steer to the side of the road, and once you have stopped, turn the engine off. Keep firm, steady pressure on the brake the entire time and avoid pumping it.

If your gas pedal jams, should you tap it with your foot until it comes loose?

Not as your main response. You can try lifting the pedal with your foot if it is safe, but you should not rely on repeatedly tapping it. Your priority is to shift to neutral, brake steadily, and get off the road.

Your accelerator sticks open on a busy street. What should you do?

Shift to neutral and brake firmly to slow down, steer toward a safe area, and turn on your hazard flashers to warn other drivers. If you turn off the ignition after slowing, take care not to engage the steering-wheel locking mechanism. Do not simply slam on the brakes or rely on your horn.

If a straight vehicle with no trailer goes into a front-wheel skid, what happens?

In a front-wheel skid, the front tires lose traction and the vehicle tends to keep moving straight ahead and will not respond to steering until grip returns. Ease off the accelerator, avoid braking hard, and let the front wheels regain traction before steering.

What should you know in case of a vehicle malfunction while driving?

The most important thing is knowing how to react in different malfunction situations: stay calm, brake steadily, shift to neutral, and steer to safety. Understanding the general response keeps you safer across throttle, brake, tire, or steering failures than memorizing any single trick.

Injured because of a stuck accelerator or sudden acceleration? If a defect caused your vehicle to accelerate on its own and you were hurt in a crash in Washington, the manufacturer or a parts maker may be liable under the Washington Product Liability Act. Contact us for a free consultation.

Quick accuracy note: "shift to neutral" is the standard, correct answer and is consistent across DMV materials, but the "tap or lift the pedal" step varies by driver-ed source, so I kept it cautious. Have the attorney or a driving-safety reference give the safety steps a quick check before publishing.

How to Fix Sudden Unintended Acceleration

If you experience SUA, follow these immediate steps to regain control:

• Press the brake firmly. Apply steady pressure without pumping the brakes.
• Shift to neutral. This disengages the engine’s power from the wheels.
• Turn off the ignition. If it is safe to do so, turn off the ignition. Avoid removing the key if your car has a traditional ignition, as it may lock the steering wheel.
• Steer to safety. Move to the side of the road and come to a complete stop.
• Report the incident. Inform your dealership and the National Highway Traffic Safety Administration (NHTSA) to help prevent future occurrences.

To fix sudden unintended acceleration, a qualified mechanic should inspect your vehicle’s throttle system, software, and braking components for a long-term solution. Regular vehicle maintenance, including software updates and recalls, also helps prevent SUA incidents.

Steps to Take After an SUA Accident

If you suffered harm in an accident caused by SUA, follow these steps to protect your rights:

• Seek medical attention. Even if injuries seem minor, get evaluated by a healthcare professional.
• Document the incident. Take photos of the accident scene, vehicle damage, and any injuries.
• File a police report. Official documentation can strengthen your legal claim.
• Preserve evidence. Do not repair or alter your vehicle until a professional examination is conducted.
• Consult an attorney. An experienced attorney can guide you through the claims process and help you seek compensation.

Remembering these steps after experiencing such a scary event can be difficult. Working with an attorney can ensure proper handling of any missed steps after your accident. 

Seeking Legal Help After an SUA-Related Accident

Victims of SUA accidents deserve justice and compensation for their injuries, medical expenses, vehicle damage, lost wages, and emotional trauma. A knowledgeable attorney can undertake the following actions:

• Investigate the cause of the acceleration defect, gathering expert analysis and vehicle black box data to prove liability;
• Gather additional evidence such as recall records, repair history, and expert testimony;
• Negotiate with insurance companies and manufacturers, ensuring those injured receive fair compensation rather than inadequate settlement offers;
• Help you file a lawsuit within Washington’s statute of limitations for personal injury claims, ensuring that deadlines do not prevent you from seeking justice; and
• Represent you in court if necessary, presenting a compelling case backed by technical evidence and legal acumen.

Taking prompt legal action can make a difference if you or a loved one has suffered due to unintended acceleration. Contact an experienced personal injury attorney to explore your options and secure the compensation you deserve. Don’t let auto manufacturers or negligent parties escape accountability.

Why Choose Brett McCandlis Brown & Conner?

Brett McCandlis Brown & Conner has a proven track record of handling complex vehicle defect cases. Our attorneys possess decades of experience advocating for victims of SUA-related accidents in personal injury and product liability cases.

We prioritize your needs and fight for your rights to help you recover the compensation you and your family need and deserve. We provide free consultations to learn more about your case. With no upfront fees, retaining our legal team does not cause any more financial strain than necessary. Schedule a consultation today and take the first step toward justice.

FAQs

What is sudden unintended acceleration?

Sudden unintended acceleration is when a vehicle accelerates on its own without the driver pressing the gas pedal. It can result from electronic throttle control faults, a stuck accelerator pedal, a brake system that fails to override the throttle, or software errors, and it can lead to high-speed crashes.

What should I do if my car accelerates on its own while driving?

Press the brake firmly with steady pressure, shift the transmission into neutral to disconnect the engine from the wheels, steer to the side of the road, and turn off the ignition once you have slowed. Do not pump the brakes, and do not remove a traditional key while moving.

Can a car accelerate by itself?

Yes. A car can accelerate without driver input if its electronic throttle, accelerator pedal, or onboard software malfunctions. These defects have triggered federal investigations and large vehicle recalls, and they can form the basis of a product liability claim.

Who is liable when a car accelerates on its own and causes a crash?

Liability can fall on the vehicle or parts manufacturer for a defect, or on a mechanic or dealership that failed to repair a known problem. In Washington, any party in the chain of distribution, including the manufacturer, component supplier, distributor, or seller, can be held responsible under the Product Liability Act.

How long do I have to file a sudden acceleration claim in Washington?

In Washington, the deadline to file most injury and product liability lawsuits is generally three years from the date of injury under RCW 4.16.080. A separate 12-year useful-safe-life limit can also apply to product claims, so acting early protects your evidence and your rights.