Electronic Stability Control (“ESC”) has been called “the halo of safety technology” for vehicles. The proprietary name may differ by manufacturer, but ESC works in the same general way in any vehicle. ESC is an active in-vehicle technology that improves the stability of vehicles during critical driving situations involving sharp steering maneuvers or other emergency maneuver situations where a vehicle would otherwise skid uncontrollably.
An ESC system utilizes sensors to detect when the intended path of the vehicle does not match its actual path, which may be due to excessive skidding, sliding or other similar conditions. When this type of condition is detected, the ESC system applies countermeasures to correct the deviation. These countermeasures typically include, but are not limited to, laterally asymmetric braking and throttle reduction. Laterally asymmetric braking means that the ESC applies the brakes on the wheel or wheels on one side of the vehicle, but not the other. This increased drag causes a rotational force that can pull the vehicle straight so as to counteract the rotation of the vehicle. When combined with throttle reduction, (to prevent the simultaneous application of braking and throttle), ESC ensures that the speed of the vehicle is reduced. This combination of reducing speed and counteracting rotation aids the driver in maintaining control. ESC requires ABS, so that any and all of the wheels may be braked independently and with maximum braking effect to prevent wheel lockup.
While the benefits from ESC are remarkable, the operation of ESC is normally undetected by the vehicle operator, who does not have to perform any special task to engage the system. ESC was designed to prevent vehicles from losing control and rotating, as these symptoms typically occur just prior to rollovers. While roll-over accidents account for only 3 percent of total accidents, they make up more than 25 percent of fatal accidents. The implementation of ESC in Sport Utility vehicles, and other vehicles with high center of gravity, is critical in preventing rollovers.
The History of ESC
ESC first appeared in Europe in 1995, although earlier versions were seen in Japan, on vehicles such as the Toyota Soarer, which utilized four-wheel steering as a countermeasure in 1992. Mercedes Benz began using an ESC system in 1995 on its S-class line. This system, manufactured by Bosch, evolved out of ABS, Electronic Traction Control and Acceleration Skid Control. A German paper authored by Mercedes Benz noted that Mercedes and Bosch had been working together since 1992 to design and test an ESC system that would improve directional stability in all driving modes up to the critical limits and note: “Electronic Stability Program – The New Active Safety System of Mercedes-Benz”.1 By 1996, Mercedes Benz had added ESC to the S-class in the United States.
Although ESC was gaining popularity in the mid-1990s, one event in particular brought it to the forefront of the industry. In 1997, Mercedes Benz was alerted by a group journalists that a fully loaded A-class vehicle nearly flew out of control in a series of sharp turns at 37 mph without braking. The “Elk” test (sometimes called the “Moose” test) is used by Scandinavian journalists to simulate a driver swerving to avoid an animal and return to the right lane before crashing into an oncoming vehicle. The A-class had been criticized for having stability problems because its chassis had been shortened and the center of gravity was raised on the vehicle. In response, Mercedes Benz recalled the vehicle and retro-fitted tens of thousands of vehicles with ESC to address the stability problems. A 1997 press release from Mercedes quoted Swedish Journalist, Robert Collin (who was one of the original journalists to ride in the A-class “Elk” test), as stating, “There is a marked difference compared to the previous suspension tuning. With the new suspension tuning, the safety of the A-class is absolutely foolproof. The ESC also copes with driving problems before the driver is aware of them. In my view this makes the A-class the safest car in the class.” 2
By 1998, ESC was available on nearly all Mercedes vehicles. Mercedes was one of the first manufacturers to confirm the importance of ESC, as evidenced by their 1998 press release, which stated, “ESC works invisibly, seemly intuitively, to keep the car going exactly where the driver points it, under driving circumstances that might otherwise lead to a loss of control and a possible accident without it.” BMW was also placing ESC on many of its vehicles in the mid to late 90s. At the same time, other automobile manufacturers, such as Volkswagen and Ford, were rushing to offer to ESC on lower-priced vehicles. By 2000, Ford, GM, Porsche, Audi, Honda, Toyota, Jaguar, BMW and Volvo all offered ESC in one or more of their vehicles. However, development of ESC in the United States lagged behind Europe. In 2000, the only SUV’s sold in the United States that employed ESC were the M-class by Mercedes and BMW’s X5.
By May of 2000, the Insurance Institute for Highway Safety confirmed that ESC looked very promising for the U.S. market to address the increased popularity of SUVs and larger pickup trucks. A German study in 2000, which was co-authored by a Ford engineer, titled, “Potential Effectiveness of Electronic Stability Programs (ESC) – What European Field Studies Tell Us”, examined the use of ESC in Europe.3 The results were truly amazing. The study showed that ESC would prevent 18 percent of all crashes and would prevent 34 percent of all fatal crashes. Further, in crashes resulting from a loss of control by the driver, ESC prevented 42 percent of all crashes and 69 percent of all fatal crashes. By 2001, Mercedes Benz offered ESC on all vehicle lines in the United States. In its 2001 brochure for the CL-class, Mercedes states, “ESC is another weapon in the CL’s handling arsenal. It monitors your braking and steering inputs and calculates whether your CL-class is following you intended path through a curve or in a corner. If the computer detects oversteer (fishtailing) or understeer (plowing), it can quickly apply brakes and/or reduce excessive power, helping you keep your CL-class under control.”
By 2002, ESC was being offered a number of lower-priced vehicles, including the Ford Explorer and the Ford Focus. By 2003, ESC was standard on many vehicles and optional on most others. In fact, the benefits of ESC are so obvious and irrefutable, that NHTSA is requiring automakers to install ESC in all vehicles by model year 2012.
ESC’s Importance in Litigation
Vehicle manufacturers cannot deny the importance of ESC technology, nor can they deny the benefits of ESC. Studies show that ESC will prevent loss of control and corresponding rollovers. Therefore, the primary issue is whether the technology should have been implemented earlier in a particular vehicle or been made standard feature rather than an option. Often, manufacturers will agree in litigation that ESC would have prevented a crash from occurring and the single remaining issue for the jury is whether the vehicle involved should have had ESC. The standard is whether a reasonable manufacturer would have implemented ESC in a particular vehicle under the same circumstances. However, while ESC technology is remarkable, it cannot prevent every crash and consideration should be given to the crashworthiness and occupant protection of the vehicle as well, when evaluating liability.
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