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Ten of the world’s largest automakers including BMW, Daimler, FCA, Ford, General Motors, Honda, Hyundai, Nissan, Toyota and Volkswagen, are facing a consumer class action lawsuit filed in August 2015 in California. Filed on behalf of millions of Americans who own or lease vehicles equipped with keyless ignitions, the suit alleges the automakers have known for years about increased dangers of carbon monoxide poisoning when people, taking their key fobs with them, mistakenly leave their keyless ignition vehicles running. Over five million vehicles are affected. The suit alleges that people are forgetting to shut off the engine, and the lack of an idle timer is the cause for 13 deaths by carbon monoxide poisoning and multiple injuries, according to Autoblog which covers the auto industry.

Introduced in the 1990s, keyless ignitions have become widely available. A keyless ignition will allow a driver to start his/her engine using a combination of an electronic key fob and the pushing of the button "engine start." This technology has virtually done away with the traditional physical key.

According to TheCarConnection.com, in keyless entry technology, basically, the key fob has a small transponder that communicates with the locks in the vehicle using radio wave signals and memory chips. When you press the button on the fob, the fob sends a code to the vehicle with instructions as to what the vehicle can do.

Rapidly, the push-button start systems are replacing metal keys. Two hundred forty-six of the 345, 2014 models tracked by Edmunds, had push-button systems as standard equipment. About 71 percent, up from 6 percent in 2005, of vehicles had a push-button system as a standard or available feature.

Although the keyless ignitions were intended to offer drivers convenience, instead, what they have done, says the NHTSA (National Highway Traffic Safety Administration) is disrupt a well-established set of driver behaviors and expectations, and introduced roll-away and carbon monoxide poisoning hazards that have resulted in injuries and deaths. There have been at least eight publicly acknowledged deaths and two serious injuries from carbon monoxide poisonings linked to keyless ignitions since 2010.

In 2012, a Boca Raton couple succumbed to a build-up of carbon monoxide which came from their Mercedes with a keyless ignition, parked in an attached garage.

Data from the NHTSA complaint database, suggest that there is a growing pattern of keyless-start-related mishaps:

1. Loss of Engine Power: The vehicle's computer apparently thinks the key fob is not present (even when it is) and shuts the engine off.
2. Carbon Monoxide Poisoning: It appears drivers are forgetting to shut the engine off after parking the vehicle in their garage, even though these systems are supposed to alert drivers when the key fob is removed from the cabin while the engine is running.
3. Rollaways: Rollaways happen when drivers fail to shut engines off with the vehicle still in drive or reverse. This does not happen with the traditional ignition system that requires the car to be in Park before removing the key.

There are technological failures which play a role in the inability of these systems to accurately sense the key fob's location. Edmunds.com further reports that the new technology is also a challenge for drivers not adapting to the new engine start/stop process. 

What have automakers done to fix the issue?

CNN Money reports that many automakers have installed software that will shut the vehicle off after a few minutes if the key fob leaves the vehicle. Some vehicles make a sound, such as a horn beep to alert drivers if they leave their vehicles while they are running. The August lawsuit says that although many automakers have added "auto-off" features to their newer cars and trucks, they  have not gone back to older vehicles already on the road and added the software.

"If you or a loved one has been injured or harmed as a result of a keyless ignition system, contact the attorneys at Spivey Law Firm, Personal Injury Attorneys, P.A. to determine your rights," says  Fort Myers Vehicle Accident Attorney, Randall Spivey.

Fort Myers Vehicle Accident Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.