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Toyota Denied Sudden Acceleration Problem For More Than 5 Years

Brett Emison — Fri, 06 Nov 2009 09:00:01 GMT

It appears that Toyota has denied its sudden acceleration problem for more than 5 years. Toyota's recall for floor mat problems is not the end of the story and the company needs to do more to protect its customers and the motoring public.

In March 2004, the Center For Auto Safety reported about sudden acceleration problems in 2002-03 Toyota Camrys and Solaras and the 2002-03 Lexus ES 300.

WASHINGTON -- A relatively new technology, the electronic throttle, is a leading suspect in a wave of claims that some vehicles unexpectedly accelerate out of control. Government investigators are looking at 2002-03 Toyota Camrys and Solaras and Lexus ES 300s to determine if they are defective. More than a million cars are in service. The National Highway Traffic Safety Administration has begun a preliminary investigation of the latest claims. It is gathering about 37 complaints of sudden acceleration by owners of the Toyota and Lexus cars. The complaints include 30 reports of crashes. They involved injuries to five people; one of them was seriously hurt.

According to AutoSafety.org, by the year 2000, there had been more than 22,600 reported complaints of sudden acceleration.

More than five years ago, Toyota and NHTSA identified the electronic throttle as the most likely source of the sudden acceleration defect. However, Toyota continued -- and continues today -- to dismiss concerns about its throttle control system and has looked only at the floor mat issue.

Four years later -- in June 2008 -- the Detroit Free Press and the Motor Authority reported that Toyota had dismissed additional customer complaints that the popular Toyota Tacoma pickup truck had been experiencing the same sudden acceleration issue as other Toyota and Lexus vehicles.

Now, Toyota's Tacoma pickup is receiving complaints in the U.S. because of the same unintended acceleration defect.

A total of 432 customers have reported unintended or sudden acceleration [problems] in their vehicles, resulting in 51 crashes and 12 injuries. Toyota has responded by stating that its Tacoma is not defective and that many reports were "inspired by publicity," reports the Detroit Free Press.

In 2008 -- like in 2004 -- Toyota refused to take the sudden acceleration issue seriously. Instead of fixing the known problem in its vehicles, Toyota publicly accused its own customers of trying to cash in on Toyota's negative publicity.

By October 2009, Toyota was forced to finally acknowledge sudden acceleration problems in the following vehicles:

2007-2010 Toyota Camry
2005-2010 Toyota Avalon
2004-2009 Toyota Prius
2005-2010 Toyota Tacoma
2007-2010 Toyota Tundra
2007-2010 Lexus ES350
2006-2010 Lexus IS250
2006-2010 Lexus IS 350

In October 2009, Toyota Motor Corp. President Akio Toyoda, was forced to publicly apologize for the tragic death of an American family who were killed when their Toyota vehicle suddenly accelerated out of control. This tragedy was recorded by 911 as the passengers desperately tried to slow or stop their out of control Toyota vehicle.

As the Detroit Free Press reported:

TOKYO — Toyota’s president said it was “extremely regrettable” an American family died in a crash in which a floor mat in one of the Japanese automaker’s vehicles is suspected as the cause.

"Four precious lives have been lost," Toyota Motor Corp. President Akio Toyoda said Friday. "I offer my deepest condolences."

***

That crash killed California Highway Patrol Officer Mark Saylor, 45 — who was driving a Lexus, a Toyota luxury model — and three family members on State Route 125 outside San Diego.

The vehicle was traveling at more than 120 mph when it launched off an embankment, rolled several times and burst into flames.

Despite more than 5 years of documented sudden acceleration problems in Toyota and Lexus vehicles and the tragic death of a family of four caught on tape, Toyota still has refused to accept any responsibility or acknowledge any defect:

Toyoda said the company was still deciding what action it would take and did not acknowledge any vehicle problem during his appearance at the Japan National Press Club.

He apologized for any worries customers may have.

“I feel sorry that people who are driving Toyota and Lexus cars believing in their safety are now feeling uncertainties,” he said.

Toyota has ignored customer reports of the sudden acceleration problem for more than 5 years. Despite this growing safety concern, Toyota announced today, November 6, 2009, a third-quarter profit of nearly $250 million. In the last 90 days -- while its cars were running out of control -- Toyota made a profit of nearly $3 miller per day. Toyota also increased its sales projection to more than 7 million vehicles for this year.

Langdon & Emison is aware of more than 2100 reported instances of Toyota sudden acceleration. Instead of listening to its customers and fixing the extremely dangerous sudden acceleration problem -- a problem Toyota has known about for more than 5 years -- Toyota is raking in money and placing even more dangerous cars and trucks on American roads. Toyota needs to take these complaints seriously and fix the millions of dangerous vehicles on our streets and highways.

You can learn more by reading these previous reports on Toyota's sudden acceleration problem:

"Inaccurate and Misleading" Statements On Toyota Sudden Acceleration Problem

Toyota Sudden Acceleration: Case Is Not Closed

Safety Group Responds To Toyota On Sudden Acceleration Defect

Toyota Has More Troubles Than Just Sudden Acceleration

You can learn more about Toyota's dangerous sudden acceleration defect at our auto safety blog or by visiting our web site.

Learn more and become a fan of Langdon & Emison on Facebook.

Update: Toyota's Record Accelerator Recall Surprises Unprepared Dealers

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Update: Toyota Recall: Experts Point To Electronic Throttles; Not Floor Mats In Sudden Acceleration Problem

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Update: Toyota's Record Accelerator Recall Surprises Unprepared Dealers

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Update: Toyota Recall: Experts Point To Electronic Throttles; Not Floor Mats In Sudden Acceleration Problem

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Originally posted at InjuryBoard by Brett Emison

Kansas City Construction Accident Under Investigation

Brett Emison — Thu, 12 Nov 2009 11:00:39 GMT

Tuesday's fatal construction accident at the construction site for the Kauffman Center for the Performing Arts is under investigation according to the Kansas City Star.

Authorities spent Wednesday investigating an aerial lift accident that killed one local construction worker and seriously injured another at the future Kauffman Center for the Performing Arts.

The man who died was 35-year-old Ryan Goodman of Lee’s Summit, Kansas City police said. The second worker, 30-year-old Shane Wagener of Grain Valley, remained in serious but stable condition.

***

Occupational Safety and Health Administration investigators are researching what caused the lift to tip over. Euston said the investigation would include inspecting the lift and reviewing whether safety procedures were followed.

There are still many questions unresolved in this case. The equipment that failed has been described as a crane, a boom lift or an aerial lift. This type of equipment often suffers from design defects that permit the boom to be extended even if the stabilizers or outriggers are not engaged and locked in place and even if the crane or lift is positioned on uneven ground.

Crane and lift manufacturers owe it to their users to incorporate all necessary safety features. You can learn more about dangerous and defect products -- including cranes and lifts -- at our safety blog or at our web site.

Learn more and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

Toyota Sudden Acceleration: What To Do If It Happens To You

Brett Emison — Sun, 08 Nov 2009 09:48:02 GMT

There has been a lot of news in recent weeks about the Toyota's sudden acceleration recall because of floor mats and the potential of additional Toyota sudden acceleration problems. I have had several people ask me what they should do if their Toyota or Lexus experiences the sudden acceleration issue.

ABC News and Consumer Reports have put together a helpful video that can help you avoid disaster if your Toyota or Lexus experiences sudden unintended acceleration. You can view the safety video here.

Some important things to know:

Unlike many other vehicle manufacturers, Toyota and Lexus did not incorporate a critical safety feature into their vehicles that shifts the vehicle into neutral when the driver pushes down on the brake pedal. This means that the relatively small Toyota and Lexus brakes do not have enough power to stop the vehicle when the engine is racing out of control. Do not pump your brakes as this will cause your brakes to fail.

Also, you should not turn off your engine. Turning off your engine may shut down the power steering and power braking in the vehicle, making it very difficult to steer or slow the car. In some instances, the steering wheel will actually lock up, making it impossible to steer the vehicle. In vehicles with a power button, it can be very confusing and difficult to shut down the engine during sudden acceleration.

What to do if your vehicle suddenly accelerates:

Because Toyota did not incorporate the critical safety feature that shifts the car into neutral during braking, the driver must manually shift the vehicle into neutral. According to Consumer Reports, if your vehicle accelerates out of control, take these steps:

(1) Put your foot on the brake hard -- slam on the brake.

(2) Shift the car into neutral.

(3) The car will slow and come to a stop while the engine is revving.

(4) Once you are stopped, turn off the vehicle.

You can learn more about the Toyota sudden acceleration defect by reading these previous reports of Toyota's sudden acceleration problem:

Toyota Recall: Unanswered Questions

Toyota Denied Sudden Acceleration Problem For More Than 5 Years

"Inaccurate and Misleading" Statements On Toyota Sudden Acceleration Problem

Toyota Sudden Acceleration: Case Is Not Closed

Safety Group Responds To Toyota On Sudden Acceleration Defect

Toyota Has More Troubles Than Just Sudden Acceleration

You can learn more about Toyota's dangerous sudden acceleration defect at our auto safety blog or by visiting our web site.

Learn more and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

Toyota Sudden Acceleration Recall: Company Vows To "Make Better Cars"

Brett Emison — Sun, 29 Nov 2009 10:24:32 GMT

Bloomberg has reported that, on the heels of a 4.2 million vehicle recall for accelerator problems, Toyota has vowed to "make better cars."

Nov. 26 (Bloomberg) -- Toyota Motor Corp. plans to fix accelerator pedals on 4.26 million vehicles in the U.S., its biggest recall, as the world’s largest automaker works to fulfill a vow to “make better cars.”

The company will also install automatic brake systems in some vehicles after drivers reported cases of sudden acceleration, the U.S. Transportation Department said yesterday. The recall covers eight models, including Camry, Lexus and Prius cars and Tacoma and Tundra trucks.

Toyota’s recall, at least the third involving more than 100,000 U.S. autos in the past two years, dents a reputation for vehicle quality established in surveys including those by researcher J.D. Power & Associates. Toyota wrested the global sales crown from Detroit-based General Motors Co. last year.

“More recalls may follow,” said Koji Endo, managing director of Advanced Research Japan, a Tokyo-based equity research company. “Toyota has common parts and platforms across many models, so a defect found in one component has a broad impact.”

Why is Toyota only installing "smart brakes" in some of its vehicles? Don't all Toyota drivers and passengers (not mention other innocent drivers on America's roads) deserve the same level of safety? Why has it taken Toyota so long to install a smart brake system when other auto makers have had it for years? And now, why do only some Toyota cars get this critically safety feature?

An analyst at IHS Global Insight may have the answer:

“The frame issue with the Tundra and Tacoma is an obvious defect,” said Aaron Bragman, a product analyst at IHS Global Insight Inc. in Troy, Michigan. The “unintended acceleration issue is far more nebulous, however. Given the court of public opinion, Toyota has to respond.”

This so-called auto expert says that Toyota's rust problem is an "obvious defect", but that the sudden acceleration is "nebulous." Really?? Tell that to the families of those killed by this "nebulous" defect. Tell that to those who have been paralyzed by this "nebulous" defect. Tell that to the thousands of people who have had their Toyotas take off and accelerate out of control.

This is a prime example of what is wrong with car companies today. A defect that creates rust is obvious... while a defect that actually kills people is "nebulous".

Many actual auto safety experts are convinced that Toyota's recall does not go far enough and more sudden acceleration accidents will occur.

I have been tracking experts who have repeated said (for example, here, here and here) that Toyota's recall is not enough and will not fix the underlying sudden acceleration problem.

After ignoring the accelerator problem for more than 5 years, Toyota is continuing to ignore the problem in many of its models.

According to Sean Kane of Safety Research & Strategies:

These new fixes may allow the driver to better control a runaway Toyota, and are important steps toward controlling the SUA problem. But Toyota’s latest recall does nothing for owners of problem models excluded from the recall.

Until Toyota finally creates a solution that actually fixes the problem, all Toyota drivers must be prepared. You can learn how to stop your vehicle if it experiences the sudden acceleration problem at this post.

You can learn more about the Toyota sudden acceleration defect by reading these previous reports of Toyota's sudden acceleration problem:

Toyota Denied Sudden Acceleration Problem For More Than 5 Years

"Inaccurate and Misleading" Statements On Toyota Sudden Acceleration Problem

Toyota Sudden Acceleration: Case Is Not Closed

Safety Group Responds To Toyota On Sudden Acceleration Defect

Toyota Has More Troubles Than Just Sudden Acceleration

You can learn more about Toyota's dangerous sudden acceleration defect at our auto safety blog or by visiting our web site.

Learn more and become a fan of Langdon & Emison on Facebook.

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Update: Toyota's Record Accelerator Recall Surprises Unprepared Dealers

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Update: Toyota Recall: Experts Point To Electronic Throttles; Not Floor Mats In Sudden Acceleration Problem

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Originally posted at InjuryBoard by Brett Emison

Injury, Death When Boom Lift Falls In Kansas City Crane Accident

Brett Emison — Tue, 10 Nov 2009 17:27:22 GMT

The Kansas City Star reported that one man was killed and another critically injured when a boom lift or crane toppled over this afternoon at the site of Kauffman Center for the Performing Arts in Kansas City.

A construction accident at the future home of the Kauffman Center for the Performing Arts killed one man and critically injured a second this afternoon.

A portable boom lift with a basket on top toppled over about 1:45 p.m. just north of the building under construction at 16th Street and Broadway. Both workers were in the basket before it plummeted about 50 feet to the pavement, said Kyle McQuiston with J.E. Dunn Construction Co.

The workers apparently fell from the basket on the way down, police said.

The injured workers were taken to area hospitals. One died at the hospital, Kansas City police said. The other was conscious in serious condition this afternoon, police said.

Our thoughts and prayers go out to the families of these workers. Construction workers rely on their equipment to protect them and no worker should be forced to face the danger of falling to their death.

One has to ask -- why do these crane accidents keep happening? There was a crane collapse in Westin, Missouri just last year. In that collapse, one worker was killed and three other workers were injured. There have been similar crane and boom lift accidents in Oklahoma City, in Florida, and in Philadelphia.

In my work, I see far too many deaths from crane accidents and lift accidents. Each of these deaths or injuries was easily and tragically preventable.

In a recent case we handled, a repairman was working on a similar type crane/boom lift. The repairman extended the boom to test his repair and the crane suddenly tipped over, crushing and killing him. Why don't these manufacturers implement simple safety measures to prevent tragedies like this from happening?

Instead of fixing the problems, these cranes and lifts are often designed without adequate safety protections. For example, in our recent case, the crane was not equipped with a device that prevented the boom from being extended without the outriggers being firmly locked in place. Many other cranes had a safety device that would have prevented the accident, but the crane manufacturer decided it was wasn't worth the cost.

The news report was unclear as to the cause of the crane accident at the Kauffman Center for the Performing Arts. But is makes you wonder. Could the boom extend without the outriggers deployed to stabilize the crane? Was the crane situated on uneven ground? Was the lift maintained correctly? Did the hydraulics fail? Remarkably, none of the other co-workers saw the crane tip over. Why?

You can learn more about dangeorus and defect products -- including cranes and lifts -- at our safety blog or at our web site.

Learn more and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

"Inaccurate and Misleading" Statements on Toyota Sudden Acceleration Problem

Brett Emison — Thu, 05 Nov 2009 10:39:12 GMT

Update: Toyota Recall: Experts Point To Electronic Throttles; Not Floor Mats In Sudden Acceleration Problem

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The Los Angeles Times has reported that federal safety regulators have sharply criticized Toyota for claiming safety officials had found "no defect" regarding Toyota's sudden acceleration problem.

Toyota and Lexus vehicles have come under scrutiny as hundreds of customers have complained to the company and to federal safety regulators that Toyota and Lexus vehicles will suddenly accelerate out of control. In many instances, the drivers are left with little or no control and are unable to slow or stop the vehicle.

Federal safety regulators have sharply rebuked Toyota Motor Corp. for issuing "inaccurate and misleading" statements asserting that no defect exists in the 3.8 million vehicles it recalled after a Lexus sedan accelerated out of control in San Diego County, killing four people.

The National Highway Traffic Safety Administration issued a statement Wednesday that the recalled Toyota and Lexus vehicles do have an "underlying defect" that involves the design of the accelerator pedal and the driver's foot well.

Toyota has attempted to persuade owners of its vehicles that the sudden acceleration defect was limited to the gas pedal's interaction with the floor mat and was unrelated to other factors, such as Toyotoa's electronic throttle control system. Toyota also posted a video statement to dispute news reports that unintended acceleration may be related to these other factors.

Toyota's "inaccurate and misleading" comments prompted the National Highway Traffic Safety Administration ("NHTSA") to issue a sharp rebuke.

"Safety is the No. 1 priority for NHTSA and this is why officials are working with Toyota to find the right way to fix this very dangerous problem," the statement said. "This matter is not closed until Toyota has effectively addressed the defect by providing a suitable vehicle-based solution."

The statement is an unusual public upbraiding of an automaker by the regulatory agency, according to auto safety experts, and threatens to dent Toyota's credibility just as it seeks to assure customers that its vehicles are safe.

NHTSA's public rebuke of Toyota and Lexus did not surprise John Claybrook, a former head of NHTSA. "The agency never says there is no defect . . . . New information can come to light that there is a defect," Claybrook said.

Safety expert, Sean Kane, head of Safety Research and Strategies confirmed that "Toyota was trying to say it has a clean bill of health from NHTSA, when it does not."

In NHTSA's investigations, the safety regulators found that Toyota's brakes would lose most of their power and effectiveness when the throttle is fully opened -- an event called "brake fade". Additionally, NHTSA found that the Toyota and Lexus push button ignition systems could add risk in sudden acceleration events.

Toyota has continued to focus solely on the floor mats alone and has refused to make a full system evaluation -- including an examination of the electronic throttle control system. Toyota's refusal to look at all possible causes of its unintended acceleration problem is troubling. Toyota and Lexus owe it to their customers -- and other members of the driving public -- to ensure that this deadly safety problem is fixed -- and fixed quickly. Toyota's refusal to look at all possible causes has unreasonably delayed finding a solution. Too many have died already.

You can learn more about the Toyota and Lexus sudden acceleration problem at our auto safety blog or by visiting our web site.

Learn more and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

Toyota Has More Troubles Than Just Sudden Acceleration

Brett Emison — Wed, 28 Oct 2009 23:34:47 GMT

The Safety Record is reporting about Toyota's mounting troubles that go beyond the sudden acceleration problem that is potentially caused by floor mats interacting with the accelerator pedal.

Last month, Toyota launched its largest recall in the company's history for all-weather floor mats that may entrap the accelerator pedals after four died in a Sudden Unintended Acceleration (SUA) crash in California; the company is currently under investigation for a severe rust problem with Tundras; and litigants are clamoring for what's in those four boxes of documents that former corporate attorney Dimitrios P. Biller -- who has accused Toyota of destroying evidence in rollover cases -- dropped off at a federal courthouse in Texas.

Toyota has recalled the floormats of 3.8 million vehicles -- including the Camry, Lexus, Avalon, Prius, Tacoma and Tundra. This massive recall was in response to the tragic California sudden acceleration crash that killed a California Highway Patrolman, Mark Saylor, along with his wife, daughter and brother-in-law.

... [T]he National Highway Traffic Safety Administration ["NHTSA"] has tied the fatal crash to the one outstanding Toyota SUA investigation still open at the Office of Defects Investigation. NHTSA has been investigating SUA complaints in Camry, Tacoma, Sienna and Lexus vehicles since 2003. Ten of those investigations were closed after a finding of accelerator pedal interference -- from an unsecured accessory floor mat or an interior trim panel -- or closed with no conclusion.

Not all Toyota owners believe the sudden acceleration problem is tied to the floor mats. At least one Toyota owner, Jeffrey Pepski, experienced a sudden acceleration problem without the all weather floor mats and was able to pull the accelerator up with his foot, yet the Toyota continued to accelerate out of control.

"I was trapped in a runaway vehicle," Pepski recalled. "I was able to push down on the accelerator as well as push up the accelerator with my foot. If the floor mat had been the cause, I would have dislodged it and the acceleration I was experiencing would have gone away and that didn't happen."

How can you protect yourself if your Toyota vehicle is running out of control? If you have a push button start/stop, you must press and hold the stop/start button for three seconds. After three seconds the engine should shut down. However, many Toyota and Lexus owners are not aware of the additional time needed to shut down the engine in an emergency situation.

You could also shift the vehicle into neutral. However, the "gated shifter", which has a series of detents to separate the gears can make it difficult to find the neutral position in an emergency. Other manufacturers -- such as BMW and Audi -- have safety programming that will automatically shift the vehicle into neutral if the car detects the driver attempting to accelerate and brake at the same time. However, Toyota and Lexus have chosen not to implement such a safety feature.

Lacking the return-to-idle featured, braking a Toyota or Lexus requires much more force and can result in significant brake fade or loss, particularly during long duration SUA events.

***

"Toyota has already hinted that it is looking into more substantive fixes beyond the floor mats," says Safety Research & Strategies President Sean E. Kane. "I suspect that when Toyota does implement a fix it will likely include software updates to address the on/off ignition delay and the brake-to-idle issue."

In addition to the sudden acceleration problem, Toyota is facing issues concerning a rust/corrosion issue in Toyota Tundras, deaths caused by relay rod failures in Toyota trucks and literally boxes of documents dropped at the courthouse steps in Texas by Toyota's former in-house counsel.

Toyota owners must be aware of these potential safety problems and take extra precautions with their vehicles. If you own a Toyota or Lexus, contact your dealer or representative to stay updated on recalls and other safety information.

You can also learn more about vehicle defects and safety at our web site.

Learn more and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

Toyota Sudden Acceleration Recall: Company Focuses On Wrong Problem

Brett Emison — Thu, 26 Nov 2009 10:06:10 GMT

There have been a number of reports regarding the Toyota sudden acceleration recall since it was announced yesterday, the day before Thanksgiving. The experts at Safety Research & Strategies have an excellent analysis of why the Toyota recall will not fix the underlying acceleration problem.

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Get out the Saw, Hammer and Computer

Toyota’s fix, which is expected to start in January, will first cut the length of the accelerator pedals until replacement pedal assemblies become available several months later.

According to NHTSA, Toyota will also install a brake-to-idle algorithm on the Camry, Avalon and Lexus ES 350, IS 350 and IS 250 models as an “extra measure of confidence.” This design, found in other manufacturers’ vehicles with electronic throttle, including Audi, BMW and VW, will bring the engine to idle if both the brake and the accelerator pedals are applied. A significant number of motorists who experienced frightening SUA events reported that no amount of braking would stop the vehicle once it took off.

SRS President Sean Kane said Toyota’s long-awaited fixes are welcome, but the recall doesn’t include some of the well-known problem vehicles, such as the 2002 – 2006 Camry / Lexus ES which also have electronic throttle controls. Nor does Toyota’s recall include all models that the company claims have experienced floor mat interference unintended acceleration incidents.

“Do floor mats cause unintended acceleration in Toyotas, yes. But floor mats don’t explain many of the incidents. The good news from this recall is that regardless of the cause of unintended acceleration, the brake override remedy will likely bring a measure of control to drivers and prevent crashes” said Kane. “Brake overrides should be standard failsafe design on any vehicle with an electronic throttle.”

After ignoring this problem for more than five years and then lying to the public, Toyota appears to finally be doing something, but it doesn't look like it is doing enough or doing it soon enough.

More than 5 years ago, the Center for Auto Safety identified the electronic throttle control as the most likely source of the sudden acceleration defect. However, Toyota continues to public deny the possibility.

These new fixes may allow the driver to better control a runaway Toyota, and are important steps toward controlling the SUA problem. But Toyota’s latest recall does nothing for owners of problem models excluded from the recall.

You can learn more about Toyota's dangerous sudden acceleration defect at our auto safety blog or by visiting our web site.

Learn more and become a fan of Langdon & Emison on Facebook.

Update: Toyota's Record Accelerator Recall Surprises Unprepared Dealers

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Update: Toyota Recall: Experts Point To Electronic Throttles; Not Floor Mats In Sudden Acceleration Problem

____________________________________________________________________

Update: Toyota's Record Accelerator Recall Surprises Unprepared Dealers

____________________________________________________________

Update: Toyota Recall: Experts Point To Electronic Throttles; Not Floor Mats In Sudden Acceleration Problem

____________________________________________________________________

Update: Toyota's Record Accelerator Recall Surprises Unprepared Dealers

____________________________________________________________

Update: Toyota Recall: Experts Point To Electronic Throttles; Not Floor Mats In Sudden Acceleration Problem

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Originally posted at InjuryBoard by Brett Emison

Warren Buffett Buys Burlington Northern Sante Fe ("BNSF") Railroad

Brett Emison — Tue, 03 Nov 2009 12:24:48 GMT

CNN has reported that Warren Buffett's company, Berkshire Hathaway, will buy railroad corporation Burlington Northern Sante Fe ("BNSF") for $44 billion.

Berkshire (BRKA, Fortune 500), which already has major stake in Burlington Northern, said it would acquire the remaining 77.4% of the company in a cash-and-stock offer worth $100 per share.

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The deal, which would rank as the largest acquisition in Berkshire Hathaway's history, would also include $10 billion of Burlington Northern debt.

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Matthew Rose, Burlington Northern's chairman and CEO, said the sale of the Fort Worth, Texas-based firm was a "strategic fit" for both the company's customers and employees, during a conference call with investors Tuesday.

No management changes are expected at Burlington Northern as a result of the deal, which is expected to close sometime in early 2010.

Burlington Northern has been under scrutiny recently since a Minnesota Court found that BNSF had attempted to cover up its role in four railroad crossing deaths:

The Court found that BNSF destroyed some evidence, fabricated other evidence, interfered with the investigation and purposefully lied and advanced misleading facts in order to conceal the truth.

The railroad's conduct in destorying evidence and attempting to cover up its role in killing these four young people underscores the dangers of railroad crossing accidents. In the last decade, there have been more than 30,000 railroad crossing accidents that killed more than 3600 people. Half of these collisions occurred at train crossings with active warning devices (including lights, crossing gates or bells). However, as BNSF's conduct shows, how many of these devices were working properly? How many other malfunctions have been covered up by BNSF or other railroad companies?

You can learn more about railroad accidents and railroad safety at our train safety blog or by visiting our train accident web site.

Learn more about Langdon & Emison and become a fan on Facebook.

Originally posted at InjuryBoard by Brett Emison

Tort Reform: Insurance Lobbyists Want To Take Away Your Rights

Brett Emison — Fri, 20 Nov 2009 13:51:52 GMT

According to Scientific American, preventable medical mistakes kill 200,000 American each year. Despite all those deaths, insurance company lobbyists want you to give up your right to a jury trial if one of these accidents happens to you or your family member.

The U.S. Constitution and State Constitutions grant you the right to a trial by jury.

Article III, Section 2: Trial by Jury, Original Jurisdiction, Jury Trials

7th Amendment: Trial by Jury in Civil Cases

In Suits at common law. . ., the right of trial by jury shall be preserved. . . .

Why would anyone give up his or her constitutional right to a trial by a jury of peers?

Why would we give up a fundamental constitutional right in order to protect negligence that kills 200,000 people per year? Do insurance lobbyists have us so scared that we would give up a fundamental right deemed so important that it was included in the original Bill of Rights?

What are we really scared of? Some facts from allbusiness.com:

Average liability premiums across internists, general surgeons and OB/GYNs are nearly identical for states with or without caps on medical malpractice damages

Average liability premiums for OB/GYNs are nearly identical for states with or without caps

Average liability premiums for general surgeons are nearly 10% higher in states with caps

Average liability premiums for internal medicine are nearly 10% higher in states with caps

"Malpractice insurers promised tort law changes would lower premiums, yet it has not happened."

If caps on damages and keeping valid lawsuits out of court do not reduce malpractice rates for doctors or the premiums that you and I pay for health insurance, what does it do? According to the Columbia Tribune and Kansas City Business Journal, it lines the pockets of insurance companies.

Family health care premiums for employer-provided insurance in Missouri will have risen an estimated 3.6 times faster than workers' earning from 2000 through 2009, according to a Families USA report.

Family health insurance premiums for employer-provided coverage will have risen 82.5 percent in the period, whereas median earnings have risen 22.8 percent. . . .

***

Families USA said that higher insurance premiums have been coupled with "thinner" coverage and higher deductibles, copayments and co-insurance.

Pollack blamed rising premiums on "wasteful heath care spending, an almost-unregulated insurance market, a dramatic drop in competition in the insurance market and costs shifted from the uninsured to the insured, termed a 'hidden health tax.'"

In Missouri, those with employer-provided health care are paying more money for less coverage. . . even though Missouri passed dramatic tort reforms in 2005. According to the Columbia Tribune, after the tort reform passed, medical malpractice insurance companies increased their profits of couple percent to nearly a 25 percent return on investment.

While the insurance companies make money, malpractice victims will not see their right to a day in court.

"Effectively, the courthouse door has been slammed in their face by the non-economic cap put on in Missouri," [said a Missouri attorney] who represents plaintiffs in medical malpractice litigation. "What was pushed as stopping the windfall for the plaintiffs has turned into a windfall for the insurance companies."

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With the cap in place on economic damages, little can be recovered when the plaintiffs are children, nonworking mothers, the retired and the disabled because there are no wages or long-term earnings involved in the computation of what can be recovered.

In Missouri, tort reformers have placed almost no value on the life of children, stay-at-home moms, the elderly and the disabled. Isn't the life of a stay-at-home mom worth as much (if not more) as a corporate executive? In a Missouri medical case, it is not. What's wrong with this country when legislators bow down to lobbyists at the expense of mothers, children, the disabled and the elderly.

Unfortunately for one insurance lobbyist, he learned his lesson too little too late. Frank Cornelius wrote a piece entitled, Crushed By My Own Reform, which was published in several major newspapers including the New York Times and the Dallas Morning News. My citation comes from the Dallas Morning News, October 10, 1994, Monday, HOME FINAL EDITION, at p. 13A.

In 1975, I helped persuade the Indiana Legislature to pass what was acclaimed as a pioneering reform of the medical malpractice laws: a $500,000 cap on damage awards, and elimination of all damages for pain and suffering.

I argued successfully that such limits would reduce health-care costs and encourage physicians to stay in Indiana _ the same sort of arguments that now underpin the medical industry's call for national malpractice reform.

Today, from my wheelchair, I rue that accomplishment.

***

The cost of this cascading series of medical debacles is painful to tally:

. I am confined to a wheelchair and need a respirator to keep breathing. I have not been able to work.

. I have continuous physical pain in my legs and feet, prompting my doctor to hook me up to an apparatus that drips morphine. My pain used to rate a 10 on a scale of 1 to 10. Now it's about a 4.

. Twice, I have received last rites from my church.

. My marriage is ending, and the emotional fallout on our five children has been difficult to witness, to say the least.

. At the age of 49, I am told that I have less than two years to live.

My medical expenses and lost wages, projected to retirement age if I should live that long, come to more than $ 5 million. Claims against the hospital and physical therapist have been settled for a total of $500,000 _ the limit on damages for a single incident of malpractice.

***

The kicker, of course, is that I fought to enact the very law that limits my compensation. All my suffering might have been worthwhile, on some cosmic scale, if the law had accomplished its stated purpose. But it hasn't.

Indiana's health care costs increased 139.4 percent from 1980 to 1990 _ just about the national average. The state ranked 32nd in per-capita health care spending in 1990 _ the same as in 1980.

It's understandable that the damage cap has done nothing to curb health-care spending; the two have almost nothing to do with each other.

***

The prospect that these reforms" will be enacted is frightening. Make no mistake, damage caps are arbitrary, wholly disregarding the nature of the injury and the pain experienced by the plaintiff.

They make it harder to seek and recover compensation for medical injuries; extend unwarranted special protection to the medical industry; and remove the only effective deterrent to negligent medical care, since the medical profession has never done an effective job of disciplining negligent doctors.

Medical negligence cannot be reduced simply by restricting consumers' legal rights. That will happen only when the medical industry begins to effectively police its own.

I don't expect to live to see that day.

We should not make the mistake that Frank Cornelius made. We should not give up our constitutional rights to protect ourselves from some imaginary boogeyman. Stand up for your rights. Protect yourself and your family.

Originally posted at InjuryBoard by Brett Emison