EU mandatory AEB systems raise liability questions over phantom braking

Since July 2026, new cars registered in the European Union must be equipped with automatic emergency braking (AEB) under the General Safety Regulation. The technology, which uses cameras, radars and sensors to detect obstacles and apply the brakes if the driver does not react, has been credited with saving lives.

A growing concern is the occurrence of “phantom braking”, where AEB activates without a genuine hazard due to lighting changes, shadows, bridges or foliage. Such sudden decelerations can cause rear‑end collisions, challenging the long‑standing legal presumption that the following driver is automatically at fault. Insurers may be required to examine data from the vehicle’s Event Data Recorder – the automotive “black box” that logs speed, brake use, acceleration and AEB activation – before assigning responsibility.

Legal experts anticipate that courts, regulators and insurers will need to adapt their rules as advanced driver‑assistance systems become more prevalent, potentially revising liability standards for rear‑collision claims across the EU.