Product Liability Law Blog

This week, Toyota recalled about 1.13 million Matrix and Corolla cars because of a problem with the vehicles’ engine control system. A faulty engine module may cause the car to stall, shift hard, or fail to start. 2005-2008 models are affected by the recall.

This latest Toyota recall comes just as the National Highway Traffic Safety Administration had upgraded its investigation into more than 180 complaints it had received about stalled Toyota engines to the level of "engineering analysis." MarketWatch reports that there may be over 1,100 consumer complaints.

The Corolla is one of the bestselling sedans in the US. The automaker says three accidents and one minor injury have been linked to this safety issue—although whether or not this is in fact the case is unconfirmed at this time. The latest recall ups the number of vehicles that Toyota has recalled in the past year to over 11 million autos.

Toyota’s latest recall also impacts approximately 200,000 General Motors Pontiac Vibes. The GM vehicles are similar to the Matrix and were built in a joint venture with Toyota. These autos too are on the recall list.

Our auto products liability law firm has been monitoring the Toyota recalls over the last year. If you believe that a car accident that you or your loved one was involved in may have been caused by a possible auto defect, it is important that you explore your legal options right away.

Auto defects can create safety issues that, if they go undetected and unremedied, can cause serious injuries and deaths. Spinal cord injuries, traumatic brain injuries, burn injuries, disfigurement, and internal injuries can occur. The lives of the victims, their loved ones, and the motorist accused of causing the auto accident—when in fact the crash was caused by a negligent auto manufacturer—can be catastrophically altered. A recall does not have to have been issued for your vehicle to have a dangerous auto defect.

GM’s Pontiac Vibe Affected By Latest Toyota Recall, Gant Daily, August 27, 2010

Toyota Corolla Recall Affects Other Models, Wall Street Journal, August 26, 2010

talling risk in Toyota Corolla, Matrix vehicles gets more scrutiny, Los Angeles Times, August 24, 2010

Toyota could be heading toward another recall, MarketWatch, August 24, 2010

Related Web Resources:
SaferCar.gov

How to Report a Safety Complaint, NHTSA

Toyota Motor Corporation

Continue reading "Toyota Recalls Over 1 Million Corolla and Matrix Autos in the US and Canada" »

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

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Two years into serving his eight-year sentence for the 2006 motor vehicle deaths of three people, 32-year-old Koua Fong Lee is now a free man. Lee was convicted of vehicular manslaughter in 2007 because his 1996 Toyota Camry had accelerated suddenly and uncontrollably, causing the fatal crash.

While Lee has always maintained that he was stepping on the brakes at the time, prosecutors had argued that because his foot was actually on the accelerator his vehicle reached speeds of up to 90 mph when he hit the other cars. Lee's pregnant wife, daughter, niece, brother, and dad were in the car with him at the time. Killed in the Minnesota car crash were father and son, Javis Adams, 33, and Javis Adams, Jr., 10, as well as Devyn Bolton, 6, who at first survived the collision as a paraplegic before later dying from her car crash injuries.

Although the 1996 Toyota Camry isn’t one of the millions of vehicles that Toyota has recalled in the last year because of sudden unintended acceleration problems, Lee’s attorneys, who were pushing for another criminal trial, presented affidavits and testimony from 10 1996 Camry owners who said that they too had experienced Toyota sudden acceleration difficulties while driving their vehicles.

The judge called for a new trial due to evidence of mechanical failure and the possibility that Lee’s original lawyer failed to provide him with an adequate defense during the criminal trial. Prosecutors then decided to drop the criminal charges against Lee, which is why he was finally set free last Thursday.

Meantime, the victims’ families, who had been pressing for Lee's release from prison, are now suing Toyota for automotive products liability over their loved ones’ wrongful deaths.

Minnesota judge frees man convicted in acceleration crash of Toyota, CNN, August 6, 2010

Recalls cast new light on Toyota crash case, The Washington Post, August 5, 2010

Related Web Resources:
Toyota Recall Update

Unintended acceleration guide, Consumer Reports

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Posted In: Automotive Product Liability , Gas Pedals , Toyota Safety Issues

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With its defect troubles and bad publicity far from over, Toyota Motor Corp. has been subpoenaed by a federal grand jury over possible defects involving its vehicle steering rods. They jury is asking the automaker to provide documents related to the auto defect.

Toyota had recalled 977,839 Toyota Trucks, 4Runners, and Toyota T100s in the US in 2005 because the steering-relay rods were at risk of cracking during certain driving situations. However, the recall did not come until nine months after the automaker not only issued a similar recall in Japan but also, after it told the US government that a US recall was unnecessary.

In May, the National Highway Traffic Safety Administration launched a probe to determine whether Toyota intentionally delayed the recall, which would have been a violation of US law. There also have been reports that the auto manufacturer may have known as early as 2000—based on customer complaints—that the steering rods were causing total or partial vehicle control loss. At least two families are suing Toyota for auto products liability causing the wrongful death of a loved one related to the steering rod defect.

This particular safety issue is just one of several involving Toyota, which has recalled millions of vehicles in the last nine months because of numerous auto defects. If you are someone who is a victim of a car crash that you believe was caused by a Toyota parts defect, our auto products liability law firm would like to offer you a free case evaluation.

In other recent Toyota safety news, the Wall Street Journal recently ran a story reporting that a government probe has found that some drivers may have been at fault in certain Toyota sudden acceleration accidents that are being pinned on the automaker. However, the US Department of Transportation has since issued a statement saying that the NHTSA never provided WSJ with any information about its continuing investigation and no conclusions or data have been released.

Toyota subpoenaed again, this time over faulty steering components, Los Angeles Times, July 20, 2010

Are drivers to blame in Toyota unintended acceleration cases? It may be too early to tell, Consumer Reports, July 20, 2010

Early Tests Pin Toyota Accidents on Drivers, Wall Street Journal, July 13, 2010

Related Web Resources:
Our Values, Toyota

NHTSA

US Department of Transportation

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Posted In: Automotive Product Liability , Steering Rod Defect , Toyota Safety Issues

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More bad news for Toyota. The automaker is now recalling 270,000 more vehicles that were made between July 2005 and August 2008 over defective engine valve springs that could cause an auto that is in motion to stall. 138,000 of the vehicles affected by the recall are in the US.

Recalled autos include Lexus models LS600hL, LS600h, LS460, IS350, GS460, GS450h, and GS350 and Crown models. Officials say that a foreign substance that was introduced during the valve spring manufacturing process caused the defect.

Some 200 complaints naming this defect have been submitted to Toyota. No related car accidents have been reported. Toyota says it will replace the faulty valve springs.

Toyota also just recently recalled 17,000 Lexus luxury hybrids after tests demonstrated that fuel can spill out during a rear-end car crash. A National Traffic Highway Safety Administration contractor conducted the test. Toyota’s own testing did not reveal any spillage, but the automaker says it is recalling the vehicle while it tries to replicate the government’s test findings.

In just 9 months, the automaker has had to recall over 8.5 million autos because of different safety concerns. Plaintiffs have filed over 200 auto products liability lawsuits seeking damages for personal injuries and wrongful deaths.

Physical injuries and deaths are not the only catastrophic damages that may have been sustained by the victims of Toyota’s auto defects. For example, Koua Fong Lee was convicted in 2007 of criminal vehicular homicide in the rear-end Minnesota car crash that killed three people. He was sentenced to an 8-year prison sentence.

The 32-year-old driver always said he tried to prevent the tragic accident by stepping on the brakes of his 1996 Toyota Camry, which accelerated to speeds as high as 91 mph. However, Lee says his vehicle would not stop.

Although the car he was driving is not one of the vehicles that Toyota has recalled to date, Lee is just one of a number of drivers of passengers with 1996 Camrys and other vehicles that haven’t been recalled yet that have said they’ve also experienced Toyota sudden acceleration problems—an auto defect that has led to numerous injuries and death.

Toyota to recall 138,000 Lexus vehicles in US to fix faulty engines that can stall in motion, Los Angeles Times, July 2, 2010

Toyota recalls Lexus hybrid for fuel spills, MSNBC, June 25, 2010

Man who crashed Toyota moves one step closer to new trial, Twin Cities, July 7, 2010

Related Web Resources:
National Highway Traffic Safety Administration

Toyota Motor Corporation

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

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Documents from a California auto products lawsuit show that even though Toyota received numerous complaints from US drivers about a possible steering relay rod defect and had been making warranty repairs to fixed cracked and breaking rods for over a decade, the automaker did not issue a recall over the safety issue until 2005. The US recall of nearly a million compact pickups and 4Runner SUVs came 11 months after Toyota issued a similar recall in Japan in 2004 and following assurances from the car manufacturer that a safety recall in this country was unnecessary.

Now the National Highway Traffic Safety Administration, which believed Toyota’s assertions in 2004, wants to know why the automaker waited until 2005 to recall its vehicles in the US—especially if it had known for some time that so many people were experiencing problems with their vehicles' steering rods. Federal law mandates that car manufacturers must report any auto defects within five days of discovery.

The steering relay rod serves as a connector between the steering system and the front wheels. If a rod breaks, the driver may experience loss of steering control that can prove catastrophic. According to USA Today, between 1993 and when the US recall was issued in September 2005, Toyota made at least 153 steering rod repairs to SUVs and pickup trucks. Free repairs were also made to vehicles with warranties that had expired.

In the California wrongful death lawsuit that has brought the latest Toyota-related safety issue to the forefront, the family of 18-year-old Michael Levi Stewart claims that he never received a recall notice until three months after the tragic 2007 motor vehicle accident. Three other people were injured in the car crash.

These latest allegations against Toyota come just months after the automaker agreed to pay a fine of $16.4 million because it delayed recalling 2.3 million autos because of a sticky gas pedal defect that has lead to sudden unintended acceleration problems. An investigation is also underway to determine whether Toyota delayed the recall of more than 5 million vehicles over ill-fitting floor mats that can end up trapping gas pedals. This defect has been linked to numerous acceleration-related personal injuries and wrongful deaths.

Toyota fixed steering rods for over a decade before recall, USA Today, June 14, 2010

Toyota steering recall probed, Tennessean, June 14, 2010

Related Web Resources:
Toyota Motor Corporation

NHTSA

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Posted In: Automotive Product Liability , Steering Rod Defect , Toyota Safety Issues

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Revising its earlier estimate that 52 traffic fatalities had been linked to Toyota’s unintended acceleration problems, the National Highway Traffic Safety Administration is now saying that the death toll over the last decade, at 89 car accidents and 57 injuries, is much higher. The NHTSA also says that since 2000 it has received over 6,200 complaints about Toyota and Lexus vehicles accelerating without warning.

The Toyota acceleration problem, caused by faulty brakes, floor mats, and gas pedals, have resulted in an international crisis of confidence in the automaker, which has had to recall over 8 million vehicles in less than 9 months. The NHTSA has fined the car manufacturer $16.4 million for waiting too long to notify the government and the public about the gas pedal defect.

While Toyota has expressed sympathy toward everyone who has been injured in car accidents involving its vehicles, the automaker says that many of the complaints filed with the NHTSA do not have enough information to confirm the actual cause of each crash. Toyota says that its dealers have repaired almost 3.5 million of the vehicles that were rcecently recalled. They’ve also conducted 2,000 car inspections. However, the NHTSA says that almost 100 vehicle owners whose cars underwent a recall fix have reportedly experienced unintended acceleration since then.

On Friday, Toyota recalled 11,500 Lexus LS 460 and 600h sedans (2009-10 models) because of an electronics problem that can cause the steering wheels to fall out of alignment. The steering wheel can get stuck in a turned orientation even when the car is moving in a straight direction.

All of the vehicles affected by the recall have already been sold to customers. Nearly 4,000 of these cars were sold in the US.

Yesterday, the automaker stopped the sale of these vehicles. A remedy to the auto defect is not expected until June. Meantime, Toyota says that owners can still drive their Lexus vehicles.

House committee approves auto safety bill, OC Register/AP, May 26, 2010

Toyota halts sales of Lexus LS 460 and LS 600h sedans, Los Angeles Times, May 25, 2010

Related Web Resources:
Toyota Motor Corporation News, New York Times, May 11, 2010

National Highway Traffic Safety Administration

Continue reading "Unintended Toyota Acceleration Accidents May Have Caused 89 Car Accident Deaths Since 2000" »

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

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According to the Associated Press, Toyota waited 11 months after its 2004 recall in Japan of vehicles with defective steering rods before it recalled nearly 1 million T100 and Hi Lux pickups and 4Runner SUVs over the same defect in the US. AP says the automaker waited even after receiving reports from a number of US drivers that the steering rods in their vehicles were snapping without warning.

Now, the National Highway Traffic Safety Administration is opening its own investigation into the delay. The NHTSA had just fined Toyota $16.4 million for failing to report within five days of discovering there was a accelerator safety issue that has since then resulted in the recall of millions of vehicles, as well as a number of auto products liability and wrongful death complaints.

After issuing its recall in Japan, Toyota said that it didn’t have sufficient evidence to verify that the problem extended to SUVs and trucks in the US. In a 2004 letter to the NHTSA, Toyota said that the driving conditions in Japan were so different (narrow parking spaces, frequent standing full lock turns, and close quarters maneuvering) from the conditions in the US that it wasn’t necessary to recall any T100 pickup truck and 4Runner SUV (even though the vehicles in both countries have almost the same exact steering components). Toyota also told US regulators that the automaker had only received sporadic reports about steering issues. However, AP says that the car manufacturer had received at least 52 reports from US motorists complaining about the defect even before the recall was issued in Japan. NHTSA says it received 41 complaints from Toyota owners in the US over the steering rod defect prior to the Japan recall.

Steering Rod Defect
A vehicle with a snapped steering rod cannot be controlled by the driver because he/she likely won't be able to turn the front wheels. The NHTSA says 16 car accidents, seven injuries, and three fatalities have been linked to the steering rod defect.

Update: NHTSA probes delay in Toyota steering relay rod recall, USA Today, May 11, 2010

Toyota waited months to issue '05 steering recall, Associated Press, May 10, 2010

Toyota to pay $16.4 million fine, recall Lexus SUV, News Daily/Reuters, April 19, 2010

Related Web Resources:
National Highway Traffic Safety Administration

Toyota Motor Corporation

Continue reading "Toyota Waited 11 Months Before Issuing Steering Rod Recall in 2005, Says AP" »

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Posted In: Automotive Product Liability , Toyota Safety Issues

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Toyota is recalling approximately 50,000 2003 Sequoias to repair traction controls that can suddenly activate and slow down the sport utility vehicles. The auto defect involves problems with the sensors that are used by the SUV’s electronic controls, which is a key issue under dispute in the automaker’s sudden unintended acceleration cases. It was just a few months ago that Toyota told regulators that the problem is not a safety issue.

The National Highway Traffic Safety Administration has been looking at the skid issue for some time now. In 2009, the NHTSA says it had 68 complaints from Sequoia owners who said that their cars would suddenly slow down. There have been no reports of related injuries or deaths so far.

Toyota says the skid issue is caused by a flaw in the vehicle’s skid-control system programming. The defect can make incorrect assessments of the position of the steering wheel when the Sequoia is moving at low speeds, which can activate the skid control for a few seconds as the vehicle starts to speed up. Rear wheel corrosion may also cause the SUV’s traction control start up unexpectedly, which can make the Sequoia slow down.

The automaker says about 50% of the vehicles were already repaired under the SUV warranty. It's recall repair solution will reprogram the skid-control computer of the remaining affected vehicles.

While the number of motor vehicles involved in this this latest Toyota recall is significantly smaller than its more recent recalls in the past several months, the automaker, once known for its safe and reliable vehicles, has now recalled more than 9 million autos since late last year. Since then, the automaker has been named the defendant in numerous automotive products liability and wrongful death lawsuits over car crash injuries and fatalities that were caused by sticky gas pedals, ill-fitting floor mats, accelerator problems, and other auto defects.

Yesterday, Toyota announced that it is once again selling the Lexus GX 460 because it has fixed the flaw in its stability control system that could cause an SUV rollover. The automaker said that its Lexus dealerships can begin implementing the software upgrade to repair the safety issue. Toyota had recalled approximately 9,400 Lexus GX 460 (2010 models) and temporarily suspended their sale after Consumer Reports discovered the problem and issued a “Don’t Buy” warning to car shoppers.

The problems that have plagued Toyotas vehicles are ones that have caused serious injuries and deaths to many. In some incidents, it may only be now that car crash victims and their families are realizing that it was actually an auto defect that caused the catastrophic traffic crash.

Toyota to recall 50,000 Sequoias for skid issue, Freep.com, April 29, 2010

Toyota Offers a Fix for S.U.V.’s Control Problems, New York Times, April 29, 2010

Related Web Resources:
Toyota Motor Corp.

Defects and Recalls, Safercar.gov

Continue reading "Toyota Addresses Skid Issue with Recall of 50,000 Sequoias" »

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Posted In: Auto Recalls , Toyota Safety Issues

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So what is this electronic throttle control system that people suspect is causing Toyotas to take off when nobody is stepping on the gas? I've seen a lot of technical and confusing drawings, but it really just comes down to this. It used to be that when you stepped on the gas pedal, it was attached to a cable. The cable ran to the throttle valve, and directly controlled engine acceleration. Back off on the gas pedal and the throttle closed down, reducing engine speed and the car’s speed. Pretty simple.

Today, it is not so simple. There is no steel cable running between the gas pedal and the throttle in an electronic throttle controlled vehicle. Electronic sensors figure out how far the gas pedal is depressed, convert this to an electronic signal, and send it to a mini-computer (the electronic control module.) From there, the ECM does some calculations on optimal inputs to achieve the results it understands the driver desires with the greatest fuel efficiency, and sends another electric signal to a small electric motor that sits next to that throttle, which interprets the signal from the ECM computer, and opens and closes the throttle accordingly.

As you can see, there are a lot more places for something to go wrong with the electronic throttle system than with a simple steel cable. That does not mean we should go back to the "good old days" of 1960s technology. It appears there are real advantages to this system such as improved gas mileage and durability. I have been a big advocate of technology that makes our cars safer and more fuel efficient.

My understanding is that if that steel cable ever broke, and I don't know that it did very often, a spring would close down the throttle and return the car to idle speed. That is a very simple safeguard. It is apparently similar to the safeguard Toyota tried to program into its computer - returning the throttle to idle or reduced power if ever the electronic throttle control malfunctions. However, it appears that safeguard has not worked. Remember, it is controlled by a computer and electrical signals too.

That is why we advocate a very simple solution. If the driver steps on the brake, the throttle motor needs to shut off and return the car to idle, just as tapping the brake shuts off the cruise control.

- Stuart Ollanik

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Posted In: Auto Recalls , Automotive Product Liability , Gas Pedals , Toyota Safety Issues

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As explained in the Safety Research & Strategies detailed report on Toyota's speed control problem, past government investigations closed without reaching a conclusion because Toyota convinced the government to narrowly define the problem it was researching, thus excluding many incidents. If you saw the congressional hearings on the issue you saw congressmen, regulators, and company personnel hanging up on the definitions. Let's make it simple. The problem should be defined as any instance in which the engine does something the driver didn't tell it to do. If the throttle opens in response to any input other than the driver's foot on the gas pedal, that's the problem, whether due to floor mats, sticky pedals, glitchy computer programming, inadequate fail-safes, electromagnetic interference, or any other cause. Toyota and the government need to use a simple definition and simply figure out why Toyota's cars are doing things their drivers never told them to do.

- Stuart Ollanik

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

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Toyota says it will recall about 9,400 2010 Lexus GX 460. The recall follows the recent finding by Consumer Reports that the vehicle poses a rollover risk.

As our automotive products liability lawyers reported in our Product Liability Law Blog last week, the safety hazard came to public attention when the popular magazine, after testing the vehicle, told consumers “Don’t Buy” the 2010 Lexus GX 460. Toyota, after coming under fire in the past for its slow response when dealing with possible safety hazards, reacted swiftly, temporarily suspending the sale and manufacture of the Lexus GX 460 and conducting its own tests to see if it could replicate Consumer Reports’ findings. It did.

Now, the automaker is recalling the vehicles to fix a problem with the SUV’s Vehicle Stability Control system that is increasing the chances of loss of control and/or rollover. Toyota intends to update the VSC system.

Toyota’s latest recall comes on the heels of its recall last week of approximately 600,000 Toyota Sienna minivans (1998 – 2010 models). The automaker is concerned that corrosion might affect the spare tire carrier cable—especially in localities where there is high salt usage during cold weather—and that this could lead to the spare tire coming off the vehicle and falling onto the road, posing a safety hazard to other motorists.

Toyota is attempting to remedy its tarnished reputation in the wake of its recent recalls of over 8 million vehicles because of sudden acceleration issues, sticky gas pedals, brake problem, and ill-fitting floor mats. Also today, the automaker agreed to pay a $16.4 million fine for failing to notify US authorities immediately about the accelerator pedal defect.

Toyota recalled 2.3 million autos because of the sticky gas pedal defect in January. However, the US government says that the car manufacturer knew about the sticky gas pedal defect as early as late September. Under US law, car manufacturers are supposed report safety defects that they discover within five business days.

Meantime, dozens of plaintiffs have come forward suing Toyota for auto products liability and wrongful death.

AP Source: Toyota to recall 2010 Lexus GX 460 SUVs, Associated Press/Google, April 19, 2010

Toyota announces voluntary recall on 2010 Lexus GX 460 to update vehicle stability control software, Lexus.com, April 19, 2010 (PDF)

Recall: 600,000 Toyota Sienna minivans, Chicago Tribune, April 19, 2010

Related Web Resources:
Toyota News Releases, Toyota.com

Additional Information on Toyota Recalls and Investigations, National Highway Traffic Safety Administration

Don't Buy: Safety Risk--2010 Lexus GX 460, Consumer Reports, April 13, 2010

Continue reading "SUV Rollover Risk Prompts Toyota to Recall 2010 Lexus GX 460 SUVs" »

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Posted In: Automotive Product Liability , Sport Utility Vehicle Rollovers , Toyota Safety Issues

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I've been reading an interesting book, Doubt is Their Product - How Industry’s Assault on Science Threatens Your Health (Oxford University Press 2008). It is about the for-profit science companies that develop the "science" to defend their clients against claims that their products are unsafe, such as cigarettes and medicines that increase the incidence of heart attacks. One of the stars of the book is Exponent, the company Toyota has turned to for an "independent" analysis of its unintended acceleration problem. The book is by epidemiologist David Michaels who directs the Project on Scientific Knowledge and Public Policy at the George Washington University School of Public Health and Health Services. Dr. Michaels knows what he is talking about. He served as Assistant Secretary at the Department of Energy, with responsibility for the safety of workers and residents near nuclear weapons plants. He has seen first-hand industry trying to buffalo underfunded and beleaguered bureaucrats with baloney masquerading as science.

About Toyota’s choice of consultants for its “independent” analysis, Dr. Michaels writes: “Exponent’s scientists are prolific writers of scientific reports and papers. While some may exist, I have yet to see an Exponent study that does not support the conclusion needed by the corporation or trade association that is paying the bill.”

For example, he describes how Exponent was hired by the chrome industry to counter a study conducted by Johns Hopkins University researchers for the EPA regarding risks to workers at currently allowed exposure levels. In 2002, Exponent’s “re-analysis” of the EPA-Hopkins data minimized the risk to all but the most heavily exposed workers, disagreeing with the Hopkins scientists’ findings supporting stronger worker protections. And yet in 2004, working for a different trade association, “Exponent praised the same EPA-Hopkins study. Whatever serves the interests of a given client – that’s the rule for the product defense firms.” Id. at pp. 97-104.

There is nothing independent about Exponent, and nobody who has seen them in action over the years will be at all surprised when they conclude that there is no problem with Toyota’s cars, and when they criticize the work of the good, objective scientists who show the opposite.

- Stuart Ollanik

Related posts:

"Independent" Outside Consultant?, Product Liability Law Blog, April 6, 2010

Toyota's "Independent" Investigation Not So Independent, Product Liability Law Blog, April 2, 2010

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

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Early last week we were shocked and saddened at the tragic loss of at least 25 men in a West Virginia mine. We subsequently learned that the mine was cited more than 50 times in the last month alone for uncorrected safety violations. 12 citations were for problems with ventilation and preventing methane gas buildup. Mining has always been dangerous and some accidents may be unavoidable. But if this tragedy was the result of a corporate refusal to correct known dangers, this is no accident and someone needs to be held accountable.

Last week we also learned Toyota illegally withheld information about unintended sudden acceleration dangers from federal investigators. Toyota warned European distributors about sudden acceleration due to sticking pedals long before it told U.S. regulators. The U.S. auto safety agency, NHTSA, fined Toyota a record $16.4 million.

We don’t yet know the extent of this cover-up. Transportation Secretary LaHood said he wouldn’t be surprised if review of Toyota documents uncovered other safety lapses. “This is the first thing that we have found,” he said. “It may not be the last thing.” Indeed, New York Congressman Towns reported earlier this year on Toyota documents that seem to suggest a cover-up of acceleration problems and solutions as far back as 2005. Just as with the mining disaster, if safety dangers and their solutions have been covered up or ignored resulting in death or injury to members of thousands of American families, we need to know it, and someone needs to be held accountable.

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Toyota has temporarily stopped selling its Lexus GX 460 SUV following the Consumer Reports' warning to buyers that they should stay away from the sport utility vehicle. The magazine, known for independently testing motor vehicles and its recommendations regarding what people should buy, issued a rare “Don’t Buy” warning and said that not only did the SUV fail to pass a key emergency-handling test, but it is a rollover risk that could result in “serious injury or death.”

The lack of endorsement is another blow to Toyota Motor Corp. The car manufacturer is trying to win back consumers’ confidence in the wake of its recalls of millions of motor vehicles because of gas pedal defects, ill-fitting floor mats, acceleration problems, and brake issues. Earlier, the automaker said it was “mystified” by the magazine’s test findings and would conduct the same test performed by Consumer Reports to figure out if further action needs to be taken. The car manufacturer says the Lexus GX either satisfies or exceeds the US government’s testing requirements.

According to Consumer Reports’ testing team, when the SUV was “pushed to its limits” while on the magazine’s test track, the back of the vehicle “slid out” until it was “almost sideways” before the electronic stability control system finally kicked into gear. All four test drivers had the same problem when driving the Lexus GX.

Consumer Report says that this “lift-off oversteer” problem could result in a rollover crash. If the driver were to quickly take his/her foot off the gas pedal while making a turn that is “too tight for the vehicle’s speed,” the rear of the SUV could “slide around far enough... the wheel could strike a curb or slide off the pavement.”

The magazine says that none of the other SUVs it tested in recent years “slid out as far” as this Lexus and that that a second GX 460 it tested exhibited the same problems. David Champion, the Consumer Reports auto test division’s senior director, says that this is the first time the magazine has seen this problem in an SUV that has ESC. Consumer Reports has notified the National Highway Traffic Safety Administration of its worries.

About 5,000 GX 460’s have been sold since it became available earlier this year. No injuries or deaths have been linked to this issue.

SUV Rollover Accidents
Every year, thousands of people are killed in rollover accidents, many of them in SUV’s. Head injuries, spinal cord injuries, paralysis, and traumatic brain injuries are just some of the catastrophic injuries that can occur.

Unfortunately, there are many SUV’s that are not designed well enough to prevent a rollover crash from happening or protect passengers in the event that the vehicle does overturn. A vehicle design defect can be grounds for an auto products liability complaint.

Toyota halts sales of Lexus SUV as Consumer Reports deems it rare ‘safety risk', Washington Post, April 14, 2010

Consumer Reports Says Lexus GX 460 Is Unsafe, New York Times, April 13, 2010

Toyota temporarily halts sale of Lexus GX 460 SUV, Los Angeles Times, April 13, 2010

Related Web Resources:
Consumer Reports

Toyota Motor Corporation

Continue reading "Toyota Stops Selling Lexus GX 460 SUV After Consumer Reports Tells Shoppers ‘Don’t Buy’ and Warns of Rollover Risk" »

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Posted In: Sport Utility Vehicle Rollovers , Toyota Safety Issues

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Toyota's choice of an "independent" company to investigate its acceleration problem was as interesting as it was predictable. Toyota turned to Exponent, the company the auto industry has turned to for decades for one purpose: To "prove" there is no problem, whether there is a problem or not. Let's look at Exponent's credits:

• Exponent has helped defend notoriously defective products for decades. While it jealously guards information about its benefactors, it has been forced to admit in lawsuits that it has been paid tens of millions of dollars by car companies alone. It likewise regularly defends polluters against claims their contaminants were injuring people.

• It reportedly awards its employees based on "success" defined as helping win lawsuits.

• It was hired to investigate Toyota speed control issues not by concerned engineers and managers, but by Toyota’s product defect defense lawyers. This will arguably allow Toyota to selectively disclose what it turns over to government investigators, and to hide anything it deems unhelpful by labeling it attorney work product.

We'll report back when Toyota provides information answering one congressman's question about how much money Toyota has paid Exponent over the years.

This is Toyota’s "independent" outside analysis? I do not think Toyota can point to a single company in the world less independent, or with less of a commitment to defending its client’s products, no matter what the facts.

- Stuart Ollanik

Related posting:

"Toyota's 'Independent' Investigation Not So Independent," Product Liability Blog Apr. 2, 2010

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

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More trouble for Toyota Motor Corporation. The National Highway Traffic Safety Administration is seeking the maximum civil fine—$16.4 million—against the auto manufacturer for failing to notify the agency about the “sticky pedal” auto defect—per federal regulations—within five days of finding out that a safety problem existed.

Through documents obtained from Toyota, the NHTSA found out that the car manufacturer knew about the gas pedal defect as early as September 2009. US Transportation Secretary Ray LaHood says Toyota knowingly concealed the dangerous auto defect and failed to protect millions of motorists and their families.

Some 2.3 million vehicles have been recalled over the sticking gas pedal defect. Acceleration problems, ill-fitting floor mats, gas pedals that need to be redesigned, and brake defects have resulted in the recall of millions of other Toyota vehicles in recent months. The NHTSA is looking into whether Toyota committed additional violations and if more fines are warranted.

Auto Products Liability
Our auto products liability lawyers offer free consultation to victims of Toyota acceleration accidents. Already, more than 100 car accident deaths are now being blamed on Toyota’s acceleration problems with its vehicles. NHTSA records show that 102 police reports and auto products liability complaints have been filed against Toyota. The Los Angeles Times says that is nearly two times as many as what was reported in January.

While Toyota has blamed the gas pedal defect as a possible cause of the unintended acceleration crashes that resulted in personal injuries and wrongful deaths, federal investigators are not entirely convinced. Last month, LaHood announced that the NHTSA and the National Academy of Sciences will separately examine the issue of unintended vehicle acceleration involving motor vehicles in general. NASA’s investigation will take a look at all potential causes of unintended acceleration, including computer hardware design, mechanical failure, electronic vehicle controls, software, as well as electromagnetic compatibility and interference.

If a car accident resulting in wrongful death or serious personal injuries was caused by an auto defect, the negligent automaker can be held liable for auto products liability. That’s where we come in.

U.S. seeks $16.4 million fine against Toyota, CNN Money, April 5, 2010

U.S. Transportation Secretary Ray LaHood Announces Major Investigations to Resolve Issue of Sudden Acceleration, NHTSA, March 30, 2010

Toyotas' sudden acceleration blamed for more deaths, Los Angeles Times, March 26, 2010

Toyota recall: Are sticky gas pedals the real culprit?, The Christian Science Monitor, February 3, 2010

Related Web Resources:
National Academy of Sciences

NHTSA

Toyota Motor Corporation

Continue reading "NHTSA Seeks to Make Toyota Pay $16.4 Million Fine for Not Reporting “Sticky Pedal” Defect ASAP" »

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Posted In: Gas Pedals , Toyota Safety Issues

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We do not know what Toyota did when the complaints of runaway vehicles began coming in. We know that now it has hired an “independent” outside company, Exponent, to do an “impartial” investigation of the sudden acceleration problem. Every auto defect litigator in the country knows Exponent. It has been paid at least tens and likely hundreds of millions of dollars by the auto industry to disprove defects.

For instance, Exponent statistically “proved” that weak, collapsing roofs do not increase injury risk to people in cars that roll over, several years before government researchers proved the opposite. Exponent is famous for conducting tests in which a failure does not occur, and claiming this proves the failure cannot occur. The company chooses the conditions of its testing to assure the failure will not occur.

As Professor David Michaels states in his exposé on how regulatory agencies are being undermined by unethical corporations and the scientists who work for them, “I have yet to see an Exponent study that does not support the conclusion needed by the corporation or trade association that is paying the bills.” David Michaels, Doubt Is Their Product: How Industry’s Assault On Science Threatens Your Health, 47 (Oxford University Press 2008).

- Stuart Ollanik

Continue reading "Toyota's "Independent" Investigation Not So Independent" »

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

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I would not want to give up the advances the electronic revolution has allowed in automobiles. Electronics including computers help our cars run efficiently, decide when to fire front and side airbags, and even prevent loss of control through use of highly effective Electronic Stability Control systems.

But we all know that computers have glitches. love my PC. But now and then it crashes. If something goes wrong in my car’s electronics, I don’t want the same thing to happen.

When I was a kid my dad showed me how stepping on the gas pedal physically pulled a cable that opened the throttle valve and made the engine rev. In the last decade many cars have done away with that physical cable and replaced it with an electrical system that senses movement of the gas pedal and sends an electronic signal to a computer that in turn sends a signal to the throttle valve to open and close. Like a computer, this works great when it works. But what about when it doesn’t?

Electronic throttle systems in many cars have a fail safe mechanism to protect us from just that. If your throttle mistakenly thinks your foot is on the accelerator, all you need to do is touch the brake – the natural instinctive reaction to runaway acceleration – and the throttle is cut off. This doesn’t require anything fancy. For decades cruise control systems have known to cut off as soon as the brake is applied.

As Toyota is recalling and stopping sales of millions of vehicles due to reports of runaway unintended acceleration, we need to think about the computerization of our cars. Toyota attributes the problem to human error, or floor mats, or accelerator pedal wear. But could the problem be in the software? Why should we think our car’s computer systems would be that much more stable than the computers on our desks? Isn’t it logical that this software and hardware can cause glitches without anyone really understanding how or why, just like it does in our PCs?

And shouldn’t we design cars to make sure that when the electronics screw up, as we know they will from time to time, the result is an inconvenience, not a tragedy?

- Stuart Ollanik

Continue reading "What Happens When Cars Become Computers?" »

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Posted In: Automotive Product Liability , Gas Pedals , Toyota Safety Issues

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More than six months after the runaway Toyota car crash that claimed the life of off-duty California Highway Patrol Officer Mark Saylor, his wife, daughter, and brother-in law, their relatives are suing Toyota Motor Corp for California auto products liability. The tragic Lexus acceleration accident, caused by a an ill-fitting floor mat and the gas pedal that got entangled in it, prevented Saylor from being able to stop the car and prompted the first Toyota recall over floor mats and gas pedals.

Now, more than 8.5 million Toyota vehicles have been recalled over floor mats, sticking gas pedals, and other accelerator problems. Although the automaker has apologized for these defects that resulted in many cars becoming a possible accident hazard to millions of motorists, for many runaway Toyota and Lexus accident victims, the repairs and apology come too late.

In addition to naming Toyota as a defendant, the California auto products liability lawsuit, filed by the parents of Saylor and his wife, is suing the auto manufacturer’s US division, other corporate entities, and the Lexus dealership that loaned the vehicle to Saylor while his car was undergoing service. According to the accident report, another driver who had borrowed the same vehicle from the dealer a few days before the tragic auto accident complained to the receptionist that the Lexus had accelerated out of control when the gas pedal got stuck in the floor mat. Fortunately, he was able to free the accelerator when he put the gear shift in neutral.

Meantime, other victims and surviving family members are filing their Toyota auto products liability lawsuits. Just last week, Daniel and Nancy Murtha filed a New York wrongful death complaint against Toyota Motor Corp. The Murtha’s lost their 5-year-old son Jacob, after he sustained traumatic injuries during a Lexus acceleration accident on July 29, 2008. Nancy, who was driving the vehicle, says that when she stepped on the brakes, the car wouldn’t stop. Instead, the Lexus accelerated out of control and crashed into a rock wall. She fell into a coma, sustained neck, knee, hip, and lower back injuries, and lost part of her intestines and her spleen during the single-vehicle crash.

The Murtha’s complaint contends that even though Toyota knew for years that a number of vehicles were at risk of sudden, unintended acceleration, the automaker failed to install a brake-to-idle override system that would let motorists regain control of their vehicles.

Westchester County, New York Parents File Suit Against Toyota for Death of Their Five-Year-Old Son in Lexus Sudden Acceleration Incident, MarketWatch, March 18, 2010

Toyota sued over deaths in key California crash, Reuters, March 4, 2010

Related Web Resources:
Toyota Motor Corp.

Toyota was asked in 2007 to consider installing software to prevent sudden acceleration, Los Angeles Times, March 14, 2010

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Posted In: Automotive Product Liability , Brake Defects , California , Floor Mats , New York , States , Toyota Safety Issues , Wrongful Death

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What was Toyota doing about unintended acceleration five years ago? Congress subpoenaed tens of thousands of pages of documents for its hearing on runaway Toyotas and has begun to sift through them. New York Congressman Towns has come across some memos he finds alarming. Towns has sent a letter to the president of Toyota asking him to explain the memos which seem to suggest that in 2005, about five years ago, Toyota settled some lawsuits to avoid having to provide information about unintended acceleration in discovery (the process where parties in lawsuits get to see each other's papers).

There's also some suggestion in the memos that at least some people in the U.S. Toyota operations were hoping that the class action lawsuits would encourage Toyota to fix the problem. Towns quotes one Toyota memo as saying: “the possibility of a class action lawsuit was used as one way to try to get TMC [Toyota Motor Company] to work on a series of proposed countermeasures.” That was five years ago, before the so many deaths and injuries attributed to unintended acceleration took place.

Toyota has apparently requested that these memos and others like them be kept confidential.

Toyota has been talking a great deal about openness on this issue. Time will tell if they are now truly interested in answers, rather than cover-up.

-Stuart Ollanik

Continue reading "What was Toyota Doing About Unintended Acceleration Five Years Ago? " »

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Posted In: Automotive Product Liability , Gas Pedals , Motor Vehicle Safety , Toyota Safety Issues

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Even as Toyota dealers are repairing most of their new cars that were recalled over a gas pedal defect so they are ready to be sold, now there is more bad news for the automaker. According to data gathered by the National Highway Traffic Safety Administration, there has been an increase in the number of consumer complaints over Toyota’s vehicles in the wake of its recall of 8.5 million vehicles over problems with the brakes, floor mats, and gas pedals.

Since January 27, NHTSA says it has received new complaints of Toyota acceleration accidents that allegedly happened between 2005 and 2010 and resulting in 10 injuries and 13 deaths. These figures are in addition to reports of another 21 fatalities that are being linked to Toyota cars.

According to the New York Times, one deadly accident involved a Harvard University professor, 63, who lost control of his 2005 Toyota Highlander and crashed into another vehicle. The New Hampshire car crash claimed the lives of both drivers and two of the professor’s family members. Police were not able to determine what caused the motor vehicle collision and the 2005 Toyota Highlander is not among the vehicles recalled. Another fatal crash involves a man who was killed in a single Texas car crash when his 2008 Toyota Tacoma pickup truck struck a pole last January.

After the car manufacturer recalled its 2010 Prius hybrid autos last week, NHTSA says that from February 3 – 11 it received 996 consumer complaints alleging 34 Toyota car crashes that resulted in six injuries. Prior to launching its investigation, NHTSA had 124 consumer complaints on record.

Already, Newsoxy.com reports that a widow has filed a Nebraska auto products liability lawsuit suing Toyota for her husband’s wrongful death. He died when their Prius accelerated and crashed.

Meantime, new safety issues continue to arise. On Friday, Toyota announced that it was voluntarily recalling 8,000 2010 Tacoma four-wheel drive pickup trucks because possible cracks on the front drive shaft might cause the joint portion and the shaft to separate from one another. If this happens, the driver can lose control of the vehicle.

Number of Toyota complaints keeps climbing, CNN Money, February 15, 2010

Toyota Tacoma Recall Announced, MyFox, February 13, 2010

Toyota Recall News Reveals Tacoma and Prius Lawsuit, NewsOxy, February 16, 2010

U.S. Gets Additional Complaints of Crashes of Toyotas, New York Times, February 15, 2010

Related Web Resources:
Toyota Motor Corp.

National Highway Traffic Safety Administration

Continue reading "Toyota Acceleration Defects Now Allegedly Linked to 34 Car Accident Deaths" »

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Posted In: Auto Recalls , Brake Defects , Gas Pedals , Toyota Safety Issues

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Toyota Motor Corp announced two separate recalls today. The first recall involves a global recall of 437,000 2010 Toyota hybrids—Prius, Lexus, and Sai—over issues with the vehicles’ anti-lock braking system. Last week, the automaker admitted that there was a problem with the software that controls the brake system. Approximately 125 Prius owners have filed complaints about the defect, and the National Highway Traffic Safety Administration has opened a formal probe into the matter.

In the US, the recall affects 133,000 Prius cars and 14,500 Lexus Division 2010 HS 250h vehicles. The fix involves updating the ABS software.

Toyota also announced the recall of 7,300 2010 Camrys over a brake defect. The NHTSA says that the problem involves a power steering hose that is too long and is at risk of wearing out the left rear brake tube by rubbing against it, potentially causing a brake fluid leak. This can make it harder for a motorist to stop the vehicle. The NHTSA says it is also looking into complaints it has received about the steering on some of Toyota's Corollas (2009 and 2010 models).

Also today, Honda says it is expanding a recall it issued in July 2009 because of a problem with the airbag inflator on some of its Accords, Civics, and Acura TLs. 2001 and 2002 Civics, Accords, CR-Vs, Odysseys, certain 2002 Acura TLs, and possibly one Acura CL and one Honda Pilot are affected. The automaker is recalling 433,000 vehicles globally. 379,000 of the autos are in the US.

The car manufacturer says there has been 12 incidents reported involving problems with the airbag inflator. Although all of them took place prior to the original recall, Honda says it wants to make sure that all vehicles with this particular defect are examined.

It was less than two weeks ago that Honda announced a global recall of 646,000 Fit, Jazz, and City (2007 and 2008) models over a power window switch-related fire hazard. 141,000 Fits sold in the US were included in the recall. Two Fits reportedly caught fire while seven others overheated.

Our auto products liability lawyers have helped many car accident victims and their families obtain personal injury and wrongful death recovery from negligent automakers.

Honda recalls 438,000 cars for airbag hazard, CNN Money, February 10, 2010

Toyota Corolla Complaints Being Reviewed By U.S. (Update2), BusinessWeek, February 9, 2010

3rd UPDATE: Toyota To Recall 437,000 Hybrids As Prius Concerns Add To Woes, The Wall Street Journal, February 9, 2010

Honda recalls 646,000 Fits for fire hazard, CNN, January 29, 2010

Related Web Resources:
Toyota Motor Corporation

Honda

National Highway Traffic Safety Administration

Continue reading "Big Day for Auto Recalls: Toyota Recalls 437,000 Lexus and Prius and More than 7,300 Camrys while Honda Expands Previous Airbag Inflator—Related Recall with Another 437,000 Vehicles" »

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Posted In: Air Bags , Auto Recalls , Brake Defects , Toyota Safety Issues , WIndows

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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 " »

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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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A faulty gas pedal that can get stuck has prompted another large auto recall by Toyota in the US. Last Thursday, the car manufacturer announced it was recalling about 2.3 million autos in the US. Toyota will likely recall another 2 million autos in Europe over the same auto defect.

The massive recalls come at a bad time for the automaker, whose reputation for making safe, reliable cars has taken a beating. The National Highway Traffic Safety Administration reports that Toyota recalled more than 4.8 million motor vehicles last year. 4.26 Lexus and Toyota autos were recalled because of acceleration problems that were linked to faulty floor mats and gas pedals that needed to be replaced. Four family members died last August in a California car accident because the driver’s floor mat had jammed the gas pedal, making it impossible for the motorist to stop the car when he stepped on the brakes.

Over 60 incidents involving runaway Toyotas have been reported since last year’s recalls were announced. According to ABC News, many Toyota owners have reported electronic problems that are not connected to their floor mats. On December 26, four people were killed in a Texas car accident when their Toyota sped off the road, hit a fence, and landed upside down. The floor mats had already been removed from inside the vehicles and were found in the trunk.

A USA Today article reports that although Toyota knew as early as last year that there were “sticky-throttle” issues related to the gas pedal, the car maker did not think that the problems were serious enough to warrant a recall. Toyota finally announced a recall last week because the gas pedal defect trend had increased.

Vehicles included in last week’s recall include the:

• Matrix: 2009, 2010 models
• RAV 4: 2009, 2010 models
• Corolla: 2009, 2010 models
• Avalon: 2005 – 2010 models
• Sequoia: 2008 – 2010 models
• Camry: 2007 – 2010 models
• Tundra: 2007 – 2010 models
• Highlander: 2010 model
• Pontiac Vibe: 2009 model

Toyota is still figuring out how to fix the problem. The gas pedal defect appears to involve premature wear on certain parts in the CTS throttle assemblies.

Our auto products liability lawyers would like to offer you a free consultation to discuss your Toyota gas pedal defect case.

Toyota knew of sticky-throttle problem late last year, USA Today, January 25, 2010

TOYOTA RECALL: Reports of Runaway Cars, ABC News, January 21, 2010

Toyota To Recall About 2M Vehicles In Europe Due To Pedal Defect-Source, The Wall Street Journal, January 25, 2010

Toyota issues recall for 2.3 million vehicles, MSNBC, January 22, 2010

Related Web Resources:
Unintended Acceleration: Toyota Addresses the Issues, Toyota, November 6, 2009

Toyota Says Cars to Get Smart Gas Pedals, NY Times, November 25, 2009

Continue reading "Gas Pedal Defect Prompts Toyota Recall of Another 2.3 Million Vehicles in US " »

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Posted In: Auto Recalls , 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" »

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

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As a follow-up to my September 4, 2009 blog entitled, “Toyota Rollover Lawsuits: Automaker's Former Attorney Accuses Auto Manufacturer of Concealing Evidence in Over 300 Auto Products Liability Cases,” U.S. District Judge George H. King, the judge presently assigned to the case, refused to grant Toyota’s request to seal the lawsuit in the face of Toyota allegaions that Toyota will suffer “further harm” if the complaint is not sealed. Just four days after the suit was filed, District Judge Christina A. Snyder denied a similar request by Toyota. In the latest denial, Judge King said “plaintiff’s complaint is now irreversibly in the public domain, as it is readily available on the Anternet. Therefore, sealing the complaint would be futile at this point.”

It appears, therefore, that the very specific and damning accusations of Toyota’s record withholding and possible obstruction of justice in rollover cases will remain available for the world, and especially for consumers and victims, to see. Read the entire racketeering complaint against Toyota here.

Posted by Jim Gilbert | Permalink | Email This Post

Posted In: Sport Utility Vehicle Rollovers , 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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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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A California family is suing Toyota for wrongful death. The Benson family contends that the car manufacturer failed to properly notify them that the steering relay rod in their motor vehicle was defective and, as a result, their 18-month-old toddler died in an auto crash.

The deadly California car accident occurred on Christmas Eve in 1997 when the steering relay rod, which connects the two wheels, broke and Cindi Benson lost control of the vehicle. The Toyota went off the road and hit a tree. Lilian Benson died from her injuries on Christmas day. Her siblings, Frank Benson, then 4, and Laquita Benson, then 7, sustained injuries.

This is not the first auto products liability lawsuit to be filed against Toyota over a defective steering relay rod. Earlier this year, the parents of Levi Stewart sued the car maker for failing to issue a recall in the 90’s over the faulty auto part. A recall was eventually issued the following decade but only at first in Japan.

Stewart, 18, died on September 15, 2007 when the steering relay rod of his Toyota pickup truck broke and he lost control of the vehicle. Friends who were in the truck with him sustained serious injuries. Stewart's father, Mike Stewart, did not receive a notice from Toyota that the 1991 truck may have contained a defective part until three month's after his son's death.

Toyota issued its recall of the defective steering relay rod in the US in 2005. A letter sent that year by Toyota’s North American subsidiary to the National Highway Traffic Safety Administration noted that there could be 977,839 motor vehicles affected by the defective auto part, including the:

• Toyota 4Runner, 1989 to 1995 models
• Toyota Truck, 1989 to 1995 models
• Toyota T100, 1993 to 1998 models

The Benson family’s California wrongful death attorney says that only about 30% of the cars had been repaired a year and a half after the recall was announced and not everyone was properly notified about the recall. Usually, a repair of approximately 70% of the vehicles that are part of a recall is considered the pass/fail rate.

Other auto products liability lawsuits have been filed by families in Louisiana and Kentucky.

Humboldt family says faulty Toyota car part resulted in baby's death, Times-Standard, May 11, 2009

Idaho family sues after son dies in recalled Toyota, KTVB, March 26, 2009

Related Web Resources:
Auto Recalls, Justia

Toyota

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Posted In: Automotive Product Liability , California , Idaho , Kentucky , Louisiana , Toyota Safety Issues , Wrongful Death

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Toyota is recalling over 90,000 2008 Highlander and Highlander Hybrid SUVS because the seat belts in the third row may not secure a child restraint system properly.

The National Highway Traffic Safety Administration says that the seat belt webbing is not being properly secured by the automatic locking retractor. This is causing the webbing to “spool out during normal driving.” This failure could affect the ability of a child restraint system to function properly and cause serious injury to a child during a motor vehicle accident.
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Child Restraint Systems
Child restraint systems are used to secure infants and kids safely in cars so that their injuries are minimized in the event of a motor vehicle crash. There are child restraint laws in all 50 US states and the District of Columbia that requires that children in motor vehicles be secured by some type of restraint system.

It is important that the child restraint system you use for your child is functioning properly, free from manufacturing defects, and is secured properly. It is also important that the seat belt that you use to secure the child restraint system is working properly so that the system can work correctly.

Defective Seat belts and child restraint systems can lead to many kinds of serious injuries when there is a serious auto accident, including:

• Roof crush injuries during a rollover crash
• Broken bones
• Spinal cord injuries
• Traumatic brain injuries
• Internal organ damage
• Blunt force injuries
• Cuts and bruises from being thrown into doors or through glass windows
• Death

Our automotive products liability law firm is known for helping victims of auto accidents recover personal injury compensation for their injuries, pain, and suffering. We have recovered over $150 million in settlements and verdicts for our injured clients.

Child safety seat belt problems force Toyota to recall 90,000 Highlanders, Automotive Business Review
Toyota Recalls Highlander, Highlander Hybrids for Seat Belt Problem, ConsumerAffairs.com, May 3, 2008

Related Web Resources:

National Highway Traffic Safety Administration

Toyota

Continue reading "Toyota Recalls 90,000 2008 Highlander and Highlander Hybrid SUVs Because of Child Safety Seat Belt Problems" »

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

Posted In: Defective Seatbelt and Restraint System Cases , Injuries to Children & Minors , Kids in Cars , Toyota Safety Issues

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