Kansas City Personal Injury Lawyer - Automobile Accidents - Most Commented

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

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

"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 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

____________________________________________________________

Originally posted at InjuryBoard by Brett Emison

Toyota Sudden Acceleration: Case Is Not Closed

Brett Emison — Wed, 04 Nov 2009 14:04:38 GMT

The New York Times and ABC News are reporting that the matter of the Toyota sudden acceleration problem is not yet resolved. In fact, according to the New York Times, Toyota's recent press release was not intended to suggest that Toyota had been cleared of a safety defect.

Toyota said on Tuesday that a press release it issued on Monday was not intended to give the impression that the National Highway Traffic Safety Administration had cleared 3.8 million of its vehicles of having an unintended acceleration defect.

Indeed, the federal agency said it was still investigating the exact cause of the acceleration problem.

***

[Toyota's] wording is subtle, but it could give the impression that the safety agency had found no safety defect beyond errant floor mats. Some news articles certainly interpreted the release that way and reported that the mats were the only problem. But Karen Aldana, a spokeswoman for N.H.T.S.A., said the agency was still exploring other issues, including the design of the gas pedal and the vehicle’s floor pan.

“It goes beyond the floor mats,” Ms. Aldana said.

Toyota’s release comes as ABC’s “World News with Charles Gibson” and “Nightline” were preparing to air an investigation tonight into the acceleration problem, including owners who insist that floor mats were not the problem. (Here’s an ABC/Consumer Reports video on what to do if your car experiences unintended acceleration.)

According to the Times -- the bottom line is this: unsecured floor mats can jam the accelerator, but there may be further problems unrelated to the floor mats. NHTSA is still investigating.

ABC News performed its own investigation:

In a statement this afternoon, the Department of Transportation and the National Highway Safety Administration said, "This matter is not closed until Toyota has effectively addressed the vehicle defect by providing a suitable remedy."

ABC reported statistics from safety expert, Sean Kane, that in the last 10 years, more than 2,000 Toyota owners have reported their cars surged out of control at high speeds.

The Detroit Free Press has also reported on Toyota's auto defect. The Free Press reported that federal safety regulators received more than 300 complaints from Toyota owners about the sudden acceleration problem. Not all of the owners believe the floor mats were the problem. Grover and Barbara Walton experienced sudden acceleration in their Toyota Prius without any interference from the floor mat.

It all started when, after slowing down through a small coastal town, Walton said he hit the resume-acceleration button on his cruise control.

"All of a sudden, we were flying and I hadn't touched the pedal," said Grover, a retired property manager.

He said he hit the brakes, which slowed the car. But when Walton released the brake pedal, he said his Prius surged again.

"Before my husband could safely get the car off the road, he had ridden the brakes so hard to avoid an accident that flames were coming from behind both front wheels where the brakes had caught fire," Barbara Walton said.

The National Highway Traffic Safety Administration ("NHTSA") has continued to emphasize that its decisions do not consitute a finding that a safety defect does not exist.

"Removal of the mats is simply an interim measure," said NHTSA spokeswoman Karen Aldana. "NHTSA will be discussing with Toyota what the appropriate vehicle remedy or remedies will be."

All auto defects are troubling, but Toyota's sudden acceleration problem is a particulary frightening safety defect. According to reports, this defect can strike without warning -- catching even the most careful driver off guard. With the engine racing out of control, it can be very difficult -- or even impossible -- to stop the vehicle. The excessive braking required to slow the vehicle in this dangerous situation can lead to "brake fade", which results in decreased brake effectiveness and can quickly lead to complete brake failure. Drivers could easily be caught in a situation where the engine is racing at full speed and their brakes are complete useless.

You can learn more about the Toyota and Lexus sudden acceleration problem at two recent blog posts:

Safety Group Responds to Toyota On Sudden Acceleration Defect

Toyota Has More Troubles Than Just Sudden Acceleration

You can also visit our auto product defect blog or visit our web site to learn more.

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

Originally posted at InjuryBoard by Brett Emison

Safety Group Responds to Toyota on Sudden Acceleration Defect

Brett Emison — Tue, 03 Nov 2009 14:49:09 GMT

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

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Safety Research and Strategies has responded to Toyota's letter to its customers regarding its documented sudden acceleration problem:

Showing admirable restraint, Toyota waited a whole five days before trumpeting the closing of Defect Petition 09-001 as proof positive “that no defect exists in vehicles in which the driver’s floor mat is compatible with the vehicle and properly secured.”

In a letter to its customers, Toyota referred to NHTSA’s “extensive technical review of the issue, including interviews with consumers who had complained of unwanted acceleration, NHTSA concluded that …the only defect trend related to vehicle speed control in the subject vehicles involved the potential for accelerator pedals to become trapped near the floor by out-of-position or inappropriate floor mat installations.”

***

Some of this is actually true. The agency has not found a vehicle-based defect that is causing unwanted acceleration. It doesn’t mean there isn’t one – it just means that the agency hasn’t found it. By any standard, the agency investigations are far from the thorough and can be accurately described as cursory by anyone with a passing understanding of defect investigation.

***

In other words NHTSA:

Talked to owners who complained;

Drove the petitioners vehicle and didn’t experience SUA;

Asked Toyota what, if any, problems existed (none of course);

Found that the throttle control system may have had a problem but couldn’t find a cause;

Had limited information to work with;

Faced with limited resources and other more easily solvable safety issues, dropped any further investigation.

The most thorough of the government investigations appears to be the agency’s Vehicle Research & Test Center analysis of a 2007 Lexus ES350. This investigation, cited by Toyota above as evidence of the lack of a defect, suggests otherwise. Here’s what else the report stated:

“To comprehend the statistical significance of the probability for this event to occur, a survey was sent to a sample size of 1986 registered owners of a 2007 Lexus ES-350 requesting information regarding episodes of unintended acceleration. NHTSA received 600 responses for an overall response rate of 30.2%. Fifty-nine owners stated they experienced unintended acceleration. Thirty-five of those responding also reported that their vehicles were equipped with rubber Lexus all-weather floor mats and several commented that the incident occurred when the accelerator had become trapped in a groove in the floor mat. Interviews with owners revealed that many had unsecured rubber floor mats in place at the time of the unintended acceleration event, which included in some cases unsecured rubber floor mats placed over existing Lexus carpeted mats.”

The report is silent on several key issues, including owners who did not comment that the accelerator pedal was trapped in the groove of an all weather floor mat. And what of the remaining 24 who didn’t have all weather floor mats?

***

If this is all due to errant floor mats, we have some questions:

Why do Toyota/Lexus models experience SUA absent all weather floor mats?

What changed in the floor mat design in 2002, when the complaint rates significantly increase?

How can a floor mat entrap a pedal during highway driving, when the operator has been driving steadily and does not depress the accelerator?

If Toyota/Lexus vehicle have floor mats so badly designed that they have killed at least 16 individuals and injured at least 243 injuries in SUA events, why is Toyota just getting around to fixing it now?

Why is Toyota claiming that floor mats are the cause of SUA incidents in vehicles not part of the floor mat recall? If they are causing SUA, shouldn’t they be recalled too?

ABC News has documented Toyota's and Lexus's sudden acceleration defect claims. You can learn more about Toyota's auto defect problems at this recent post.

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

Originally posted at InjuryBoard by Brett Emison

Toyota Recall Won't Fix Accelerator Problem

Brett Emison — Wed, 25 Nov 2009 18:41:49 GMT

Toyota announced a massive recall of 3.1 million vehicles in an attempt to fix the sudden acceleration problem that has plagued the company for more than five years. However, safety experts say that Toyota's proposed fix will not fix all of the accelerator problems.

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Toyota's solution to remove floor mats and redesign the gas pedal will fix only the problem involving floor mats interfering with the accelerator pedal. However, many of the more 2,000 sudden acceleration incidents involved vehicles without floor mats.

What is Toyota doing about those vehicles? The answer, unfortunately, is almost nothing.

Other vehicles with electronic throttle controls incorporate an important failsafe safety device that ensures that brake input overrides accelerator input. This device is sometimes known as a "smart brake". With a "smart brake", acceleration inputs to the engine are cut off when the brake is engaged. The "smart brake" enables drivers to slow the car and stop, even if when the engine is racing out of control.

Toyota chose not to provide its drivers with the "smart brake" -- a critical safety device in vehicles that use electronic throttle controls.

Under the recall announced today, Toyota will retrofit only five of its models with the "smart brake" device (the Camry, Avalon, Lexus ES350, IS 350 and IS 250 models).

Why does Toyota continue to ignore the root cause of the sudden acceleration problem? Now that Toyota is finally getting with the program, why are only some Toyota vehicles getting the fail safe "smart brake" system while others are not? Do the drivers of different Toyota vehicles deserve different levels of safety?

If there is no problem with the electronic throttle control system, then why is Toyota rolling out a "smart brake" technology to override the throttle when the brake is applied? If there is a problem with the electronic throttle control, then why doesn't Toyota provide the "smart brake" in all its vehicles. Clearly Toyota is not doing enough to protect its customers and the rest of us driving on American roads and highways.

Even the fixes Toyota has finally come up with won't be available until at least April of next year.

Too many people have been injured or killed already.

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.

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

____________________________________________________________

Originally posted at InjuryBoard by Brett Emison

Will Toyota Finally Fix Its Accelerator Problem?

Brett Emison — Sun, 15 Nov 2009 10:45:44 GMT

There are reports that Toyota may issue a massive recall to fix the sudden acceleration problem that has been plaguing its vehicles for more than five years.

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Toyota Motor Corp (7203.T) will soon offer to fix the accelerator pedals of up to 4 million vehicles in the United States that are subject to the company's largest ever safety recall, Kyodo News reported on Saturday.

Toyota is believed to have agreed with U.S. authorities to voluntarily repair the accelerator pedals, Kyodo said, citing sources familiar with the matter. It was unclear what the fix would involve.

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NHTSA in Washington said on Saturday that discussions with Toyota continue "as to what the remedy will entail" and that the accelerator pedal is "among the subjects under consideration."

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NHTSA has said it discussed "several vehicle-based" factors that may contribute to pedal interference and a driver's ability to control and stop the car when the accelerator gets stuck.

Kyodo said the company had opted to offer to fix the accelerator pedal, but has no plans for a recall beyond floormats.

So, according to many published reports, Toyota (1) continues to deny that Toyota vehicles have a sudden acceleration defect; and (2) will not actually issue a recall concerning the sudden acceleration problem... but Toyota will repair the inherent vehicle defect that causes the stuck accelerator once it has finished discussions with NHTSA "as to what the remedy will entail". Am I the only one having trouble following this logic?

To sum up the events:

Customers: My Toyota vehicle's accelerator stuck, something's wrong.

Toyota: You're accelerator didn't stick. There is no problem.

Customers: No, really, my accelerator stuck and it caused an accident.

Toyota: You must be old or hit the gas by mistake... it happens. Not our fault. There is no problem.

Customers: No, really, my accelerator stuck.

Toyota: OK, it might have happened. There might be a problem, but it if there is a problem, it's just the floor mats.

Customers: But I didn't have floor mats and my Toyota still unexpectedly accelerated.

Toyota: Aha! NHTSA says there no defect! Told 'ya so!

NHTSA: Oh no we didn't.

Toyota: Oops... we're sorry about that, NHTSA didn't really say there was no defect.

NHTSA: You better finally do something about this.

Toyota: OK, we'll do what you tell us we have to do, but there's still no defect.

Toyota is still refusing to accept responsibility for its defective vehicles that are injuring and killing people because of the accelerators sticking and the sudden acceleration problem? Why can't Toyota simply own up to the problem and fix it?? Toyota says it has more then $500 billion Yen in reserves for recalls and safety problems. I'd say it's time to use it... especially after Toyota reported nearly $250 million in profit during just the last three months!

It's time to take some of that money from rich corporate executives and make sure that no more innocent people get hurt or killed. Toyota has ignored this problem long enough. The government has ignored this problem long enough. It's time to fix these dangerous vehicles.

Until Toyota owns up and finally fixes the problem, all Toyota drivers must be prepared.

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.

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

General Motors and Chrysler Assume Liability for Pre-Bankruptcy Vehicles

Brett Emison — Wed, 16 Sep 2009 12:47:22 GMT

In a major victory for consumers, both General Motors and Chrysler have agreed to assume liability for all vehicles in accidents or collisions that occurred after their bankruptcies.

Under the original bankruptcy plans, both car makers rejected any liability stemming from their vehicles that were manufactured or sold before the companies entered bankruptcy. The original plan allowed both GM and Chrysler to sell off their "good" assets to the "New GM" and "New Chrysler" while leaving virtually nothing in the "Old" companies for consumers who were injured or killed by defective Chrysler or defective GM vehicles. Under the original plans Chrysler and GM would have repaired the defective vehicles under warranty claims, but if that same defect caused injury, the consumer would get nothing. The companies would have fixed the car, but not the people.

These original plans offered GM and Chrysler de facto immunity for all of the vehicles manufactured before entering bankruptcy. Estimates put 66 million GM vehicles and 33 million Chrysler vehicles on the road at the time of the bankruptcy filings, leaving 100 million ticking time bombs on the road. The original plan effectively shifted the auto companies' tort liability to not only GM and Chrysler customers, but anyone those customers injured in an accident or collision. Very wealthy victims would have been forced to use their own savings, while other victims would have been cared for by taxpayers through Medicaid or Medicare programs.

Langdon & Emison was involved in several organizations fighting for consumers throughout the bankruptcy process. Bob Langdon met with the governors of several states and explained that GM and Chrysler had shifted their liabiliyt for defective cars and trucks to tax payers and to state governments through the Medicaid program, which would be forced to care for injured victims. Kent Emison met personally with U.S. Senators and Representatives to prevent tax payers from subsidizing GM and Chrysler liability through the Medicare system. Their work -- along with the work of countless others -- finally put enough pressure on GM and Chrysler that each car company has finally agreed to accept responsibility for defective and dangerous vehicles designed and manufactured by the "old" car companies.

Unfortunately, consumers with accidents or collisions that occurred before the bankruptcies are left in a state of limbo. The car companies have refused to accept liability for these defects and the injuries they caused. Consumers with claims that arose before or during the bankruptcies continue to be left out. The car makers have made informal suggestions that suggest the consumers may someday be compensated, but this remains unclear.

Langdon & Emison is one of the leading automotive product liability law firms in the country with offices in Chicago, St. Louis and near Kansas City. We try cases across the country and represent seriously injured persons and the families of those killed by defective products or the negligence of others. In addition to auto products liability, our practice areas include general products liability, trucking accidents, railroad crossing accidents, mass tort claims, dangerous drugs and commercial litigation.

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Originally posted at InjuryBoard by Brett Emison