Product Liability Law Blog

The US National Highway Traffic Safety Administration says it has received over 100 complaints involving brake problems related to the 2010 Toyota Prius hybrid. Brake-related complaints have also been filed in Japan.

The Prius is the world’s bestselling gas-electric hybrid, with about 1.6 million sold around the world. According to Japan’s Kyodo new agency, the brakes may temporarily stop working when the vehicle is on slippery or bumpy roads.

In Japan last July, two people were injured when a Prius drove head-on into another vehicle at an intersection. The driver of the Prius said that the car’s brakes were not working. One 2010 Prius owner in the US reported that over a 6-month period, there were 10 instances when the vehicle would accelerate forward for a second as the driver attempted to activate the brakes over a bump or pothole in the road.

Toyota Recalls
This latest news is doing nothing to rehabilitate Toyota’s image as an automaker of safe, reliable cars. In the last two weeks, Toyota has recalled millions of vehicles in the US, Europe, and China over what the auto manufacturer is calling two unrelated accelerator defects. Our auto products liability law firm has been closely following these developments, and you can view our previews posts by clicking on the links below.

Earlier today, US Department of Transportation Secretary Ray LaHood urged owners the Toyota vehicles that were recalled over a sticking accelerator pad to stop driving the cars and get them fixed immediately. However, LaHood later retracted what he is now calling a “misstatement’ and says that vehicle owners can still drive their cars unless there are signs of problems with the gas pedal. Or, he said, “if you are in doubt, take it to the dealership today." On Monday, Toyota announced that it has figured out how to fix the accelerator problem and is shipping new parts to its dealers.

Meantime, federal regulators are also trying to determine whether vehicle electronics are causing the Toyotas to accelerate without warning. USA Today reports that electromagnetic interference may be coming from numerous sources, such cell phones and radar. The Los Angeles Times says that Toyota acceleration-related complaints increased dramatically when electronic throttles were introduced.

Toyota hit by more than 100 Prius brake complaints, The Washington Times, February 3, 2010

Toyota recall: DOT Secretary Ray LaHood pulls back from telling owners not to drive their cars, USA Today, February 3, 2010

Toyota Recalls Another 1.1 Million Autos Over Floor Mat – Gas Pedal Defect, Product Liability Law Blog, January 29, 2010

Gas Pedal Defect Prompts Toyota Recall of Another 2.3 Million Vehicles in US, Product Liability Law Blog, January 25, 2010

Related Web Resources:
3rd Generation Toyota Prius Hybrid, Toyota

Toyota Recall List

Secretary LaHood Statement on Toyota Recalls, US Department of Transportation, February 3, 2010

Continue reading "Toyota Prius is at Center of More than 100 Brake Complaints " »

Posted by Gilbert, Ollanik, & Komyatte, P.C. | Permalink | Email This Post

Posted In: Automotive Product Liability , Brake Defects , Floor Mats , Gas Pedals , Toyota Safety Issues

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Expanding upon its auto recall from last November of 4.2 million Toyota and Lexus vehicles, the automaker announced that it is including another 1.1 million vehicles to the recall list. The recall was issued because of the possibility that the gas pedal could get caught on the removable floor mat, causing the vehicle to accelerate to the highest speeds and making it impossible to stop the car even when stepping on the brakes.

Added to the original list of vehicles that were recalled are the:

• Pontiac Vibe: 2009, 2010 models
• Matrix: 2009, 2010 models
• Venza: 2009, 2010 models
• Corolla: 2009, 2010 models
• Highlander: 2009, 2010 models

A floor mat that jammed a gas pedal was the cause of a deadly car crash last August that left one motorist unable to stop the vehicle he was driving. The driver, his wife, daughter, and brother-in-law all died in the Toyota runaway car crash.

The expansion of last November’s recall comes one week after Toyota announced a separate recall, this one involving 2.3 million vehicles because of a problem that can cause the accelerator pedal to stick after its mechanisms become worn (a deterioration that usually occurs gradually). In the event that it does happen, however, the gas pedal may become harder to step on and it may take longer to return to its original position when released. There is also the possibility that it can get stuck in a partially depressed position. Following the recall, the automaker called on its dealers to temporarily stop selling and making 8 of its models until a solution is found.

Bob Carter, Toyota USA group vice president, issued a statement declaring that it was important to the car manufacturer that customers are kept safe and their confidence in the company is restored. Meantime, Toyota has extended its recalls to include vehicles in Europe and China.

Gas pedal and accelerator defects can cause serious personal injury and wrongful death. When a motorist cannot stop a vehicle that accelerates out of control, the chances the auto will drive into oncoming traffic, off the road, or into the vehicle in front of it goes up dramatically.

With Recall Expanding, Toyota Gives an Apology, The New York Times, January 29, 2010

Toyota recalls top 5.3 million vehicle, CNN Money, January 28, 2010

Related Web Resources:
Toyota Motor Corp.

Safecar.gov

Continue reading "Toyota Recalls Another 1.1 Million Autos Over Floor Mat – Gas Pedal Defect " »

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Posted In: Auto Recalls , Floor Mats , Gas Pedals , Toyota Safety Issues

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The National Highway Traffic Safety Administration says that car manufacturers recalled 16.4 million vehicles last year. While there were less recall campaigns overall—492 recall campaigns in 2009 compared to 684 campaigns in 2008, automakers recalled 6 million more autos last year.

Toyota led the car manufacturer list with most vehicles recalled. The car manufacturer’s reputation for passenger safety took a beating after four people were killed when its floor mat on the driver's side jammed a 2009 Lexus ES 350’s gas pedal, causing the vehicle to accelerate to over 100 mph before crashing. Following the fatal car wreck, the Toyota announced a recall involving 4.26 million vehicles—its largest recall ever—to fix acceleration problems. In total, Toyota announced 9 campaigns and recalled 4.87 million autos last year.

Among the other automakers that recalled vehicles in 2009:

• Ford Motor Co.: 8 campaigns that recalled 4.5 million vehicles.

• General Motors Co.: 16 campaigns and 2.2 million autos recalled.

• Honda Motor Co.: 4 campaigns and 454,000 motor vehicles. Honda was the only auto manufacturer to see a drop in the number of vehicles it recalled in 2009 compared to the year before. The car manufacturer recalled 797,000 autos in 2008.

• Chrysler Group LLC: 15 campaigns and 59,000 vehicles.

• Nissan Motor Co.’s Kia Unit: 8 campaigns and 1.3 million autos.

• Volkswagen AG: 8 campaigns and 100,000 recalled autos.

While recalling a vehicle to fix a particular defect is a positive step toward preventing injuries and deaths, car manufacturers should not be designing, making, and selling vehicles that have any type of vehicle defect to begin with. Auto defects are not minor glitches that can be easily fixed. There are lives at stake whenever someone gets in a car that can potentially malfunction because a specific part was defective or poorly manufactured.

Do NOT be intimidated by a giant car manufacturer when it comes to pursuing an auto products liability claim for personal injury or death. Our auto products liability lawyers represents clients who were seriously injured or lost loved ones in car accidents because of structural defects, faulty engines, a seat back defects, a poorly designed seat belts, weak vehicle roofs, defective tires, faulty airbags, or other flawed vehicle parts.

Auto recalls surge in '09, NHTSA says, Detroit News, January 12, 2010

Recalls, NHTSA

Related Web Resources:
Auto Recalls, Justia
Consumer Reports

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Posted In: 15-Passenger Vans , Air Bags , Automotive Product Liability , Floor Mats , Roof Crush , Seat Back Defects , Seat Belts , Sport Utility Vehicle Rollovers , Tires , Toyota Safety Issues , WIndows

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Following its recall of 3.8 million Toyota and Lexus vehicles because the floor mat on the driver side could trap the accelerator pedal and cause it to jam, Toyota has announced that it will remedy the auto defect by replacing the gas pedal with a modified pedal while it develops a permanent replacement pedal for the vehicles.

Toyota says it will shorten the gas pedal by approximately 20 millimeter and in some models the flooring will be changed to prevent the floor mat from interfering with the gas pedal. The auto manufacturer will also provide newly designed driver- and front-passenger all weather floor mats.

As an additional confidence measure, Toyota says a brake override system will be installed in some of the recalled vehicles. This is to ensure that the auto can be stopped in the event that the accelerator and brake pedals are activated at the same time. In the meantime, owners of the recalled vehicles are advised to take out the floor mat on the driver’s side and not replace them with another mat until the fixes have been made.

Toyota’s reputation for making safe cars has taken a beating in the last couple of months. This recall, its largest to date, was announced after four family members died in a California car accident because their Lexus ES 350 accelerated to about 100 mph and the car wouldn’t stop because the floor mat had jammed the gas pedal. The Saylors apparently aren’t the only ones who have experienced acceleration problems with their Toyota vehicle.

Also last week, Toyota announced the recall of 110,000 Tundra trucks (2000-2003 models). The recall in the US only affects pickup trucks in Washington DC and 20 US states where de-icing substances, such as road salts, might cause the truck’s frame to experience “excessive corrosion” that could dislodge the vehicle’s spare tire, creating a hazard for other vehicles, or damage the rear brake lines, which could cause brake failure.

The recall affects Tundras in Wisconsin, West Virginia, Vermont, Rhode Island, Virginia, Ohio, New York, Pennsylvania, New Jersey, New Hampshire, Minnesota, Michigan, Massachusetts, Maryland, Maine, Kentucky, Indiana, Illinois, Delaware, and Connecticut.

Our auto products liability law firm represents clients throughout the US who were injured in car accidents that were caused by defective auto parts. We’ve gone up against the largest car manufacturers in the world and won products liability and wrongful death recovery for injured parties and their families.

Toyota Announces Fix for Accelerator Pedal Entrapment Problem, NHTSA, November 25, 2009

Toyota recalls 100,000 Tundra trucks, CNN Money, November 24, 2009

Related Web Resources:
Toyota News Releases, Toyota

Toyota Recalls 3.8 Million Vehicles, September 29, 2009

Continue reading "Toyota Says it Will Fix Accelerator Pedal Defect on 3.8 Million Recalled Autos" »

Posted by Gilbert, Ollanik, & Komyatte, P.C. | Permalink | Email This Post

Posted In: Auto Recalls , Automotive Product Liability , Floor Mats , Toyota Safety Issues

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Auto manufacturing giant Toyota is sending out letters to the owners of 3.8 million vehicles telling them to remove the floor mat on the driver’s side until they fix the problem that killed four people on August 28. The National Highway Traffic Safety Administration says the tragic car crash could have been avoided.

Mark Saylor, his wife, daughter, and brother-in-law died. Saylor was unable to stop when the floor mat jammed the gas pedal. The car careened down and off a freeway until it crashed and burned. Prior to the deadly crash, someone in the car had called 911 saying that the brakes didn’t seem to be working.

According to the government investigators, the Lexus ES 350 involved in the crash had a start-stop push button. The vehicle does not come with a device that immediately shuts down the car. The engine however, can be turned off in three seconds by activating using a software push button. The Lexus owner's manual does not indicate this to users. No instructions were printed on the dashboard.

The NHTSA report also points out other potential auto defects that may have contributed to the fatal car crash:

• The floor mats in the Lexus ES 350 that the Saylor family was riding were not made for use with this vehicle. They were manufactured for the Lexus RX 400h SUV.

• The gas pedal was lacking a center pivot that could have made it easier to get it out from under the floor mat.

Meantime, a number of auto products liability lawyers are pointing to the engine throttle control system as another possible cause for the deadly accident. They say a defect may be what caused the Lexus that Saylor was driving to accelerate to such a high speed. The NHTSA report says the vehicle was traveling at about 100 mph. At that speed, the motor vehicle was traveling the span of one and a half times the length of a football field every three seconds.

More than floor mats: NHTSA report gives more details on Lexus crash, Consumer Reports, October 29, 2009

Toyota recall update: Lose-the-floor-mat letters go out Friday, no permanent solution in sight, USA Today, October 29, 2009

Recall won’t end acceleration accidents, lawyers claim, Wisconsin Law Journal, October 9, 2009

Related Web Resources:
Read the NTSB Report (PDF)

Toyota USA Newsroom

Toyota Recall, List of Vehicles Affected, PR News, September 29, 2009

Continue reading "Deadly Auto Defects: NHTSA Identifies Possible Design Flaws that May Have Contributed to Toyota Car Crash Involving Floor Mat" »

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Posted In: Auto Recalls , Floor Mats , Toyota Safety Issues

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Last week, Toyota announced what to date is its largest auto recall ever. 3.8 million Lexus and Toyota cars are to be called back over concerns that the all-weather floor mat might cause the accelerator pedal to jam. The recall comes one month after a California highway patrol officer and his family died in a tragic car crash after he was unable to stop his 2009 Lexus ES 350.

Witnesses say the vehicle that CHP Officer Mark Saylor was driving was moving at a very high speed and flames were emanating from the tires before it crashed. Someone who made a 911 call from the vehicle said that the brakes weren’t working. Police investigating the tragic car wreck believe that the gas pedal got stuck in the rubber mat.

On Friday, Akio Toyoda, the president of Toyota, called the accident “extremely” regrettable. He offered his condolences and remorse.

The deadly car crash involving the Saylor family is not the first time that similar problems with the floor mat have been reported. More than 100 complaints have been filed over the dangerous floor mats, including reports of several deaths and numerous injuries.

Just this summer, Troy Edwin Johnson’s family settled a wrongful death claim against Toyota for auto products liability. Johnson died in July 2007 when a Toyota Camry speeding at about 120 miles per hour struck his vehicle. His body was severely burned in the fiery car crash. An investigation by police revealed that the Camry’s driver tried to stop her vehicle but that the vehicle’s floor mat may have caused the gas pedal to jam.

Auto Products Liability
Car manufacturers are supposed to make sure their autos are free from defects. When auto defects are discovered, the automaker must remedy the problem so that injuries and deaths are prevented. With respect to the deadly floor mats, The New York Times says that Toyota and the National Highway Traffic Safety Administration has known about their defective design since at least March 2007 after five complaints were made. This prompted a recall. Research conducted at a NHTSA test center determined that because of the accelerator pedal’s design, it could easily become entrapped in the rubber groove of a floor mat that wasn’t properly secured.

If you or someone you love was injured in a car crash that was caused by an auto defect, do not hesitate to contact an experienced auto products liability law firm about your wrongful death or personal injury case.

President of Toyota Apologizes, NY Times, October 3, 2009

Floor mat may have trapped accelerator in CHP officer's crash, death, SignonSanDiego, September 9, 2009

Toyota Floor Mat Recall Could Have Been Issued Earlier, About Lawsuits, October 4, 2009

Toyota: 3.8 million cars with risky floor mats, CNN Money, October 2, 2009

Related Web Resources:
Toyota News Releases, Toyota

Safer Car, NHTSA

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Posted In: Auto Recalls , Automotive Product Liability , Floor Mats , Toyota Safety Issues

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