Product Liability Law Blog

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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The outcome of more than 300 auto products liability lawsuits are now being questioned, following allegations by a former senior counsel for Toyota Motor Sales Corp. that the company made him withhold key evidence from plaintiffs who had sought recovery for personal injury or wrongful death. Dimitrios P. Biller has filed a federal racketeering lawsuit alleging that because he complained to the company about its alleged misconduct he was forced to resign.

While working for Toyota between 2003 and 2007, Biller defended Toyota against plaintiffs whose rollover lawsuits pinpointed that the vehicles’ weak and unstable roofs as a cause of the injuries and deaths. His complaint also accuses Toyota of failing to turn over electronically stored data to the auto products liability lawyers of the plaintiffs.

Biller claims that the company withheld test information by allowing an engineering subsidiary to destroy key documents in hundreds of rollover accident cases where roof crush issues were a factor. He says that even today there are Toyota motor vehicles that fail to meet the automaker’s safety goals.

Our auto products liability lawyers at Gilbert, Ollanik, & Komyatte, PC have settled dozens of Toyota rollover accident cases. Biller’s allegations if they are true, are indeed very serious.

Already, a class action lawsuit has been filed accusing Toyota of illegally concealing evidence in rollover accident cases on behalf of plaintiffs who either settled or lost their auto products liability cases because certain data wasn’t made available to them. Other auto products liability law firms are now saying that they may have to consider whether their Toyota rollover lawsuits that have been resolved need to be reopened.

Toyota is calling Biller’s accusations “inaccurate and misleading.” The company is attempting have his complaint sealed because of “privileged and confidential” data that Biller should not be revealing. Biller’s lawsuit names Toyota Motor Sales, Toyota Motor Corp. of Japan, and five ex- and current lawyers and executives employed by Toyota Motor Sales as the defendants.

Victims and family members wishing to seek recovery for personal injury and wrongful death continue to file Toyota rollover lawsuits .

Rollover lawsuits could haunt Toyota, USA Today, September 2, 2009

Lawsuit: Toyota Buried Accident Evidence, CBS News, August 31, 2009

Related Web Resources:
Read the Lawsuit (PDF)

Toyota 4Runner SUV Rollover Lawsuit Filed Over Fatal Crash, About Lawsuits, August 10, 2009

Continue reading "Toyota Rollover Lawsuits: Automaker's Former Attorney Accuses Auto Manufacturer of Concealing Evidence in Over 300 Auto Products Liability Cases" »

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Posted In: Automotive Product Liability , Roof Crush , Sport Utility Vehicle Rollovers , Toyota Safety Issues , Wrongful Death

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The widower and children of a woman who died in an SUV rollover accident last May are suing Toyota Corporation and Courtesy Toyota of Brandon for wrongful death. Elisa Obediente, 56, died after losing control of her vehicle on Interstate 75 in Florida. According to police, she over-corrected her steering to avoid hitting another vehicle when making a lane change and her 1998 Toyota 4Runner rolled over multiple times.

The Florida auto products liability lawsuit contends that the defendants neglected to properly protect Obediente during the rollover crash. The plaintiffs are claiming that the SUV had inherent defects that could have been easily remedied, including roof rails, windshield headers, and pillars that might have prevented the severe roof crushthat occurred if they were made stronger. Because the roof did collapse inward, Obediente was partially ejected from the vehicle.

The plaintiffs’ Florida auto products liability lawyer maintains that Toyota could have easily installed Electronic Stability Control technology and that ESC could have helped the 56-year-old mother and wife to regain control of the car after over-steering. They also say other improvements could have been made at a low cost that might have prevented Obediente’s death.

Also, the Federal Registry had reportedly completed a study ranking the 4Runner as the second car most likely in its class to be involved in a rollover crash, Yet, according to the plaintiffs, Toyota failed to reveal the rollover risks and even suggested that customers purchase a tire and wheel package that actually could increase the chances of a 4Runner rolling over. They also say that the defendants knew as far back as the late 1960’s that these SUV’s were susceptible to roof crushes but they misled the public into believing that they had strengthened their vehicles to withstand such accidents.

The Florida wrongful death lawsuit also is accusing the defendants of falsifying test results to come up with inaccurate rollover crush force minimums to make it appear as if certain auto parts had been strengthened against higher roof crush forces.

The plaintiffs are seeking wrongful death compensation, as well as compensation for loss of care, financial support, companionship, love, moral support, and comfort.

Products Liability
Auto products liability cases can be brought when a design defect, manufacturing defect, or marketing defect contributed to a car crash that resulted in personal injury or wrongful death.

Woman dies after SUV rolls over on I-75, TBO.com, May 24, 2009

Toyota 4Runner SUV Rollover Lawsuit Filed Over Fatal Crash, About Lawsuits, August 10, 2009

Related Web Resources:
Toyota 4Runner Problems, AutoMotix.net

SUV Rollovers, BrainandSpinalCord.org

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Posted In: Automotive Product Liability , Florida , Roof Crush , Sport Utility Vehicle Rollovers , States , Toyota Safety Issues , Wrongful Death

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The Insurance Institute for Highway Safety has unveiled its new roof strength rating system for motor vehicles. The IIHS says that out of the 12 small SUV’s that were tested, only four of them earned a “good” rating, which is the highest rating possible.

The roof strength test pushes a metal plate against one side of the roof at a regular speed, and before getting crushed five inches, the roof must have withstood a force that is four times more than the weight of the vehicle. To earn an acceptable rating, the SUV must exhibit a minimum strength-to-weight ration of 3.25, which is also influenced by the vehicle weight and the engine size. SUVs with roofs that performed well on the Institute’s test have roofs that are at least 2.5 times stronger than the federal government’s minimum roof strength safety standard.

The National Highway Traffic Safety Administration’s current roof safety standard, established in 1973, calls for passenger vehicles to be able to withstand during a rollover crash a force that is 1.5 greater than the motor vehicle’s weight. Although the federal government is pushing to have the strength-to-weight ratio upgraded to 2.5 and to have this standard apply to vehicles with a gross weight of more than 6,000 (which would include the larger SUV’s and pickup trucks), the Institute is pushing for even tougher standards.

IHS Roof Strength Test Results:
Volkswagen Tiguan – ranked first among vehicles that earned a “good” vehicle roof rating.
Jeep Patriot – Good
Subaru Foster – Good
Honda Element – Good
Mistubishi Outlander – Acceptable
Suzuki Grand Vitara – Acceptable
Toyota RAV4 – Acceptable
Chevrolet Equinox – Acceptable
Nissan Rouge – Acceptable
Ford Escape – Marginal
Honda CRV – Marginal
Kia – Poor

The Institute says the roof strength rating system will hopefully make it even easier for buyers to choose the safest motor vehicles. The roof strength rating system will also play a role in the selection of IIHS’s 2010 Top Safety Picks.

While SUV roofs are now designed so that they are stronger than those that were made a few years back, there are still over 10,000 people a year that are killed in rollover accidents. 25% of all passenger occupant fatalities involved minivans or cars rolling over, with SUV’s considered highly susceptible to rollover accidents.

A rollover accident will frequently damage a vehicle’s roof, crushing or deforming it and causing serious injury to vehicle occupants. This is why the stronger the roof, the greater the protection for those inside the motor vehicle. Auto manufacturers can no longer afford to make vehicles with roofs that are poorly designed or constructed.

Roof strength is focus of new rating system; 4 of 12 small SUVs evaluated earn top marks, IIHS.org, March 24, 2009

Roof Strength Another Step In Auto Safety, CNBC.com, March 24, 2009

Federal Motor Vehicle Safety Standards and Regulations, NHTSA.gov

Roof Strength and Injury Risk in Rollover Crashes of Passenger Cars and SUVs (PDF)

Continue reading "Insurance Institute for Highway Safety Presents New Roof Strength Rating System for Autos" »

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Posted In: Automotive Product Liability , Roof Crush

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Auto manufacturers are responsible for implementing the design and manufacturing precautions necessary to minimize the chances that their vehicles will become involved in a rollover accident. In the event a rollover accident does occur, then vehicle makers must make sure that the structure of the auto can withstand the crash and that there are safety precautions in place to prevent vehicle occupants from suffering serious injuries. Rollover accident victims and their families may be entitled to products liability or wrongful death compensation if a car maker could have done more during the design or manufacture of the vehicle to minimize the seriousness of future injuries.

Last month, the family of TV anchorwoman Polly Gonzalez filed a wrongful death lawsuit against Ford Motor Co. The plaintiffs contend that not only did the seat she was sitting on fail to work correctly, but the roof of the Ford Explorer was not sturdy enough to survive a rollover accident. Gonzales’s two children were also injured in the motor vehicle crash.

In an unrelated lawsuit, a man who became a paraplegic after his 2005 Chevrolet Colorado rolled over is suing General Motors Corporation and Davis-Barr Chevrolet Pontiac, Inc. for his spinal cord injuries. In his automotive products liability lawsuit, the man claims that the seat belt and seat of his vehicle malfunctioned. He also contends that General Motors Corp. failed to provide him with the standard of care and duty he was owed when the company failed to exercise reasonable care in the design, manufacture, testing, marketing, and sales of the vehicle he was riding in, as well as neglected to provide appropriate warnings.

Another man, who is now a quadriplegic, is suing Volkwagen for his personal injury from a 2002 auto accident. Owen Milne is seeking an unspecified amount of compensation for products liability and personal injury because the 1999 Jetta he was a passenger in flipped over as his then fiancé, Rebecca Beisswenger, swerved the car to avoid crashing into a vehicle that passed them on a curve in a no-passing zone.

Beisswenger lost control of the car, which rolled over a number of times down an embankment and back onto the highway. The support beams that were supposed to hold up the roof of the Jetta’s passenger side collapsed. Milne suffered a vertebrae fracture and his neck became compressed. The seat belt he was wearing failed to keep him securely in his seat. Mline’s personal injury lawsuit claims the 1999 Volkwagen Jetta was defectively designed and not capable of keeping its structural integrity during a rollover crash.

South Burlington man sues VW alleging Jettas are unsafe, BurlingtonFreePress.com, January 18, 2009

Lawsuit Filed in Arkansas Roll Over Accident That Left Man Paraplegic, The Open Press, January 24, 2009

Family of Vegas TV anchor suing Ford over crash, Mercury News, January 25, 2009

Related Web Resources:
Rollover, SaferCar.gov

Rollover Information and Prevention, Consumers Union

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Posted In: Automotive Product Liability , Roof Crush , Seat Belts , Sport Utility Vehicle Rollovers

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At a June 4 hearing before the US Senate, auto safety regulators said they need more time to make sure that adding more headroom and weight to vehicle roofs will not increase the chances of a vehicle rollover. At the center of discussions was the National Highway Traffic Safety Administration’s proposal to update its roof safety standards.

The higher gravity center of pick-up trucks and SUVs is what make these kinds of vehicles more likely to rollover. The NHTSA's current standard, established in 1973, requires that passenger cars withstand a force 1.5 times the vehicle’s weight during a rollover accident. The 2005 proposal would increase that standard to 2.5 times the vehicle weight. Critics, however, believe this is still not enough to increase passenger safety in a rollover crash, and they have been pushing for an even tougher standard—which is why, in January, the NHTSA said it would consider revising its proposal.

Although by law, the NHTSA has until July 1 to revise its roof standard, lawmakers want the update delayed until regulators arrive at the “correct” standard. Some safety advocates, however, say that there is no concrete evidence to indicate that strengthening current roof standards would significantly minimize the number of injuries and deaths in rollover crashes. Rollover deaths make up 25% of all traffic accident fatalities in the United States, and there were over 10,000 rollover deaths in 2007.

The NHTSA proposal also wants to make automakers exempt from state products liability lawsuits if the vehicles involved in the auto accidents met the new roof safety standards. This would prevent injury passengers from being able to sue for compensation for medical costs, lost income, recovery costs, and other damages.

Our defective auto products law firm represents products liability clients that were injured in rollover accidents and other motor vehicle crashes that occurred because a motor vehicle or one of its auto parts was defective. We have helped injury victims all over the United States recover personal injury compensation.

U.S. Lawmakers Question Regulators on Vehicle Roof Strength Rules, Insurance Journal, June 5, 2008

Roof Crush Standard Flawed, Preempts State Efforts, OMBWatch.org, June 10, 2008

Related Web Resources:

IIHS testifies on the relationship of roof strength and injury risk in rollover crashes (PDF)

NHTSA 2005 Roof Crush Proposal

Continue reading "Auto Regulators May Need More Time to Develop Tougher Roof Strength Regulations" »

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Posted In: Automotive Product Liability , Roof Crush , Sport Utility Vehicle Rollovers

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The Insurance Institute for Highway Safety released a report this week that confirms what many products liability attorneys and injury victims have said about sport utility vehicles all along: If they were made with better roofs, there would be less serious injuries and deaths when rollovers do occur.

Automakers have disputed this claim for years and safety regulators, such as the National Highway Traffic Safety Administration, have been slow to condemn the quality of SUV roofs without more definitive evidence.

The IIHS report, however, is definite about its conclusion that over 200 SUV rollover deaths could have been avoided in 2006 if these SUVs were made with roofs as strong as the best one the that the IIHS tested. “Strengthening a vehicle’s roof,” according to IIHS President Adrian Lund, “reduces injury risk.. a lot.”

The institute came to this conclusion after compiling data from 12 U.S. States and comparing the injury and death rates for four-door SUVs. The SUVs tested were sold from the mid-1990’s through 2004 and did not include models with side-curtain air bags or stability control.

Not everyone is convinced by the IIHS’s finding that improving vehicle roof strength is the answer. The NHTSA says that people not wearing seatbelts continues to be a major cause of rollover deaths. The NHTSA hasn’t revised its roof strength standard since 1971. It is working on a revised standard and estimates that this update, once implemented, will help save 13 to 44 lives a year.

Nissan, the automaker whose vehicle ranked as the “best roof” tested, says other factors, such as the seriousness of the crash, also affected the chances of serious injuries or deaths.

Roof Crushes
A roof that crushes during a motor vehicle accident increases the chances of passenger injury or death. Spinal cord injuries, head injures, neck injuries, traumatic brain injuries, and death are more likely to occur when a roof crushes into passengers’ bodies. Roof crushes are more likely to happen during a rollover. Because of the height and shape of SUV’s, these vehicles have a higher chance than cars of becoming involved in a rollover accident.

Our auto crash law firm represents clients injured in SUV rollover crashes and other kinds of serious injury accidents throughout the United States. We understand the nature of SUV rollover crashes and have gone up against some of the largest auto manufacturers in the world to sue for damages for our clients.

Crash-test report backs stronger roofs on SUVs, USA Today, March 12, 2008

Roof Strength and Injury Risk in Rollover Crashes, IIHS.org (PDF)

Related Web Resources:

Rollover Status Report, IIHS.org, (PDF)

Safety Briefing on Roof Crush, Citizen.org

Continue reading "IIHS Report Says Over 200 SUV Rollover Deaths Could Have Been Avoided In 2006 If Vehicles Had Stronger Roofs" »

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Posted In: Roof Crush , Sport Utility Vehicle Rollovers

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