Kansas City Personal Injury Lawyer

Toyota Recall: Connecticut AG Investigates Toyota As Sudden Acceleration Crashes Continue

Brett Emison — Tue, 16 Mar 2010 15:42:48 GMT

Not only are California prosecutors investigating Toyota's conduct regarding its sudden acceleration problem, Connecticut's Attorney General announced that he will also investigate Toyota's sudden acceleration problem after three sudden acceleration crashes in Connecticut in just two days last week, leaving one man dead.

From WTNH:

Honda Recalls 412,000 Vehicles For Brake Problems

Brett Emison — Tue, 16 Mar 2010 15:26:13 GMT

Toyota is not the only Japanese car company with braking problems. Now the Associated Press and Sky News have reported that Honda will recall 412,000 Odyssey minivans and Element vehicles due to braking problems that make it difficult for the vehicle to stop if not repaired.

From the AP:

DETROIT — Honda Motor Co. will recall more than 410,000 Odyssey minivans and Element small trucks because of braking system problems that could make it tougher to stop the vehicle if not repaired.

The recall includes 344,000 Odysseys and 68,000 Elements from the 2007 and 2008 model years.

Honda said in a statement that over time, brake pedals can feel "soft" and must be pressed closer to the floor to stop the vehicles. Left unrepaired, the problem could cause loss of braking power and possibly a crash, Honda spokesman Chris Martin said.

"It's definitely not operating the way it should, and it's safety systems, so it brings it to the recall status," he said.

***

Honda has traced the problem to the device that powers the electronic stability control system, which selectively brakes each of the wheels to keep the vehicles upright during an emergency situation.

When the device, called a "vehicle stability assist modulator," tests itself when the vehicles are started, it allows a small amount of air into the hydraulic brake lines. Over time, an air bubble in the lines can cause a loss of braking power and require that the pedal be pushed farther toward the floor than normal to stop the vehicles, Martin said.

"Although not all vehicles being recalled are affected by this issue, we are recalling all possible units to assure all customers that their vehicles will perform correctly," Honda said in a statement.

Sky News reports that this is not Honda's only recall in recent months.

In January, some 191,000 Honda Fits were recalled in America because the power window switch could short out and cause a fire, if a lot of water got into the door handle.

The latest recall adds to the woes of Japan's auto industry, a key export earner of Asia's largest economy.

Toyota made global headlines after recalling more than eight million vehicles over faulty accelerator and brake systems.

Honda's latest recall affects 2007-2008 models of the Odyssey minivan and Element sport utility vehicle.

The firm said some accidents involving brakes in vehicles covered under the recall were reported to safety regulators. Three people suffered minor injuries in the crashes.

Japanese automaker Toyota has been involved in a safety nightmare as it engaged in a pattern of cover-ups and deception before finally recalling more than 10 million vehicles worldwide because of sudden acceleration problems.

Let's hope Honda has learned from Toyota's mistakes.

You can learn more at our safety blog and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

19 Injured When Bus and Train Collide In Houston, TX

Brett Emison — Tue, 16 Mar 2010 08:27:30 GMT

The Associated Press and tv station KENS have reported that a Houston Metro bus and light rail train crashed, injuring 19 people. This is the second bus/train crash in Houston at the same intersection.

From KENS:

10 People Hospitalized After Tractor Trailer Crashes Into Bus Near Bowling Green

Brett Emison — Mon, 15 Mar 2010 12:23:07 GMT

Television channel, WBKO, has reported that at least 10 people were hospitalized when a semi truck crashed into the back of a Greyhound bus in Simpson County near Bowling Green.

A late night crash on I-65 in Simpson County sends ten people to the hospital.

It happened after midnight last night a Greyhound bus and Freightliner were both traveling southbound in the right lane.

The driver of the tractor trailer was taken to The Medical Center in Bowling Green.

Nine passengers on the bus were transported to either Bowling Green or Franklin Hospital while the other 32 passengers and driver of the bus were not injured.

The tractor trailer collided with the bus which was traveling in front at a slower speed.

Our thoughts and prayers go out to all those involved in this terrible crash. One has to wonder what this truck driver was doing that he would slam into the back of Greyhound bus.

All motorists -- and especially semi truck drivers with 80,000 pound rigs -- are supposed to be alert and leave enough room in front of them to be able to avoid crashes like this one. Now, I agree that the vast majority of truckers out there are safe, but even a few bad apples give all the other tractor trailer drivers a bad name.

Nationwide, large trucks (known as tractor trailers, semi trucks, eighteen wheelers, diesel, big rigs, or commercial trucks) make up only about 3% of the vehicles on the road. However, they account for far more traffic fatalities. For example, in Missouri, semi truck crashes make up as much as 15% of traffic deaths. In Illinois, tractor trailer crashes cause more than 10% of traffic deaths.

Just a few weeks ago, a truck driver slammed into a woman's parked vehicle while he was watching streaming porn on a laptop while driving. A truck driver slammed into the back of a passenger van in Indiana. A semi truck crashed into a parked vehicle in Texas. Late last year, a trucker never even hit his brakes before crashing into a minivan stopped in traffic and killed a three-year-old boy.

Why do crashes like this keep happening? The most likely answers are distracted driving and fatigue.

Earlier this year, the federal government enacted regulations to crack down on distracted driving by truck and bus drivers. A study by Virginia Tech's Transportation Institute found that distracted truck drivers are 23 times more likely to be involved in a crash or a close call.

Driver fatigue is also a particularly dangerous -- and completely preventable -- cause of trucking accidents. Nearly 15 years ago, the NTSB issued a report warning of truck driver fatigue dangers.

The NTSB found that trucker fatigue was a contributing factor in 30%-40% of all diesel truck accidents. The NTSB found that proper sleep patterns are imperative for truck driver safety. Truckers must get 8 hours of continuous sleep after driving for 10 hours or after being on duty for 15 hours for proper safety.

The NTSB has also issued a warning that truck drivers should also be screened for a medical condition called sleep apnea.

Sleep apnea denies people the rest they need, and it has been found to be a factor in incident involving every transportation mode, NTSB Chairman Deborah Hersman said in letters.

Too many people have been killed by semi truck crashes and trucking accidents.

The National Transportation Safety Board ("NTSB") lists the following as some of the most common causes of big rig accidents:

Poor Driver Training

Driver Fatigue (Tiredness)

Speeding

Overloaded Trucks

Oversized Trucks

Brake Failure

Poor Driving Conditions

Driver Inexperience

Failure To Yield The Right-Of-Way

Driving Under The Influence of Alcohol Or Drugs

Aggressive, Dangerous Or Reckless Driving

Mechanical Failure (Or Improper Maintenance)

Defective Parts (Such As Defective Steering Or Brakes)

Truckers and trucking companies must be mindful of each of these trucking accident causes.

Driving an 80,000 tractor trailer covering hundreds of thousands of miles is an awesome responsibility. Truckers and trucking corporations must be vigilant about safety.

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

Originally posted at InjuryBoard by Brett Emison

Baby Slings Get Additional Warnings After Infant Deaths

Brett Emison — Sat, 13 Mar 2010 10:37:45 GMT

NBC News and the Associated Press have reported that chic baby slings will get additional warnings after several infant suffocation deaths.

Visit msnbc.com for Breaking News, World News, and News about the Economy

The Consumer Product Safety Commission has confirmed at least 13 deaths associated with sling-style infant carriers.

From NBC News and the Associated Press:

WASHINGTON - The government warned Friday that those chic baby slings that hip moms and dads are sporting these days can be dangerous, even deadly for their little ones.

The Consumer Product Safety Commission said it has investigated at least 13 deaths associated with sling-style infant carriers over the last 20 years, including three deaths last year. One other case involving a fatality is still being investigated. Twelve of the deaths involved babies younger than four months of age, the agency said.

The commission is advising parents and caregivers to be cautious when using infant slings for babies younger than four months. It said that many of the babies who died in slings were a low birth weight twin, were born prematurely, or had a cold.

In its warning, CPSC said that slings can pose a suffocation hazard in two different ways.

A sling’s fabric can press against a baby’s nose and mouth, blocking the baby’s breathing and suffocating a baby within a minute or two, the agency said.

The other scenario involves slings where the baby is cradled in a curved or “C-like” position, nestling the baby below mom’s chest or near her belly. That curved position can cause a baby who doesn’t have strong neck control to flop its head forward, chin-to-chest, restricting the infant’s ability to breathe. “The baby will not be able to cry for help and can slowly suffocate,” said the commission’s warning.

The CPSC specializes in product safety, and often negotiates agreements with manufacturers for recalls, when necessary. It’s a part of the executive branch’s regulatory arm, charged with watching over its area of concentration in much the same way as similar agencies like the Food and Drug Administration and the Agriculture Department’s Food and Inspection Service.

You can learn more at our safety blog and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

Toyota Recall: California Prosecutors Suing Toyota Because of Acceleration Problems

Brett Emison — Sat, 13 Mar 2010 10:22:14 GMT

The Detroit Free Press and BBC News have reported that prosecutors in Orange County, California will sue Toyota because Toyota knew about defects in several Toyota model lines, but did not tell consumers.

From the BBC:

Officials in Orange County, in southern California, claim Toyota knew of defects with the acceleration system in several models, but did not tell customers.

"We'll be alleging in court, on behalf of the people of Orange County, that Toyota knowingly sold cars and trucks with defects that caused Toyotas to accelerate suddenly and uncontrollably," said Orange County District Attorney Tony Rackauckas.

***

Toyota's US headquarters are in California - that is why prosecutors say they can bring charges and it is thought to be the first such case based on US consumer protection laws.

It is claimed the company carried out fraud by hiding evidence of dangerous vehicle defects.

Meanwhile federal investigators are examining if there are grounds for criminal charges.

From the Detroit Free Press:

SANTA ANA, Calif. — Orange County prosecutors say they’ll file a lawsuit against Toyota because of continuing problems with their vehicles.

District Attorney Tony Rackauckas says the company continues to endanger the public through sale of defective vehicles and deceptive business practices.

California may be the first state to go after Toyota for hiding evidence of the sudden acceleration problem, but it's not likely to be the last. Federal prosecutors are considering criminal charges against Toyota.

It is time that Toyota is finally held accountable for putting profits over safety and for putting money ahead of human life.

You can learn more at our safety blog and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

Harry Reid's Wife & Daughter Seriously Injured In Tractor Trailer Crash

Brett Emison — Fri, 12 Mar 2010 17:43:08 GMT

News outlets across the country -- including the Associated Press, the Los Angeles Times, USA Today, Politico, CNN and NBC News -- have reported that Senate Majority Leader Harry Reid's wife, Landra, and daughter, Lana, were critically injured when a semi truck slammed into the back of the family's minivan on a Virginia freeway.

From CNN:

From NBC News:

Reports suggest the vehicles were in stop-and-go traffic on the interstate and the semi truck driver failed to slow in time and slammed into the back of the Reids' minivan.

From USA Today:

A tractor-trailer rear-ended the minivan carrying Landra Reid, 69, and her daughter, Lana Barringer, 49. Barringer has been released from the hospital.

The accident occurred on a highway in suburban Washington. The AP said the driver of the tractor-trailer, 59-year-old Alan W. Snader of Ohio, was charged with reckless driving. He was not injured.

From the Associated Press:

WASHINGTON (AP) — Senate Majority Leader Harry Reid's wife and daughter were being treated in a hospital Thursday for serious injuries they sustained when their vehicle was rear-ended by a truck, a spokesman said.

Reid's wife, Landra, 69, broke her back and neck in the accident, Reid spokesman Jim Manley said.

She and the couple's adult daughter, Lana, were being treated at Inova Fairfax Hospital in suburban Virginia. Neither woman's injuries appeared to be life-threatening, Manley said.

"While driving on a Washington, D.C., highway, their vehicle was rear-ended by a semi-truck," Manley said in a statement.

"Mrs. Reid has a broken nose, broken back and broken neck. Lana has a neck injury and facial lacerations. Both Mrs. Reid and Lana are conscious, can feel their extremities, and according to doctors their injuries are non-life threatening," Manley said. "Sen. Reid has been to the hospital and appreciates the support he and his family are receiving from Nevadans and his colleagues in the Senate."

Our thoughts are with Landra and Lana Reid.

One has to wonder what this truck driver was doing that he would slam into the back of a minivan in a congested traffic area in Virginia.

Why do crashes like this keep happening? The most likely answers are distracted driving and fatigue.

Driver fatigue is also a particularly dangerous -- and completely preventable -- cause of trucking accidents. Nearly 15 years ago, the NTSB issued a report warning of truck driver fatigue dangers.

The NTSB found that trucker fatigue was a contributing factor in 30%-40% of all diesel truck accidents. The NTSB found that proper sleep patterns are imperative for truck driver safety. Truckers must get 8 hours of continuous sleep after driving for 10 hours or after being on duty for 15 hours for proper safety.

The NTSB has also issued a warning that truck drivers should also be screened for a medical condition called sleep apnea.

Sleep apnea denies people the rest they need, and it has been found to be a factor in incident involving every transportation mode, NTSB Chairman Deborah Hersman said in letters.

Too many people have been killed by semi truck crashes and trucking accidents.

The National Transportation Safety Board ("NTSB") lists the following as some of the most common causes of big rig accidents:

Poor Driver Training

Driver Fatigue (Tiredness)

Speeding

Overloaded Trucks

Oversized Trucks

Brake Failure

Poor Driving Conditions

Driver Inexperience

Failure To Yield The Right-Of-Way

Driving Under The Influence of Alcohol Or Drugs

Aggressive, Dangerous Or Reckless Driving

Mechanical Failure (Or Improper Maintenance)

Defective Parts (Such As Defective Steering Or Brakes)

Truckers and trucking companies must be mindful of each of these trucking accident causes.

Driving an 80,000 tractor trailer covering hundreds of thousands of miles is an awesome responsibility. Truckers and trucking corporations must be vigilant about safety.

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

Originally posted at InjuryBoard by Brett Emison

Toyota Recall: NHTSA Considers New Rules For "Smart" Brakes; Black Boxes

Brett Emison — Thu, 11 Mar 2010 18:13:09 GMT

In the fallout of Toyota's massive sudden acceleration recall, the Wall Street Journal reports that the National Highway Traffic Safety Administration ("NHTSA") is considering tougher regulations requiring "smart brake" technology and "black box" data recorders for US vehicles.

WASHINGTON (Dow Jones)--The Obama administration is considering new rules on the design of automobiles, including possible requirements that cars be equipped with advanced-brake technology and "black boxes" that record crash data, the top U.S. highway-safety regulator said Thursday.

***

In written testimony he submitted to the [House Energy and Commerce] committee, Strickland said the administration is prepared to require that all cars be equipped with brake-override systems, which are designed to ensure that a car stops if both the gas and brake pedals are depressed, if regulators determine such a move would significantly improve vehicle safety.

"If our review indicates that requiring this feature could substantially reduce the most dangerous kinds of sudden acceleration, we will strongly consider a rulemaking to require it," he testified.

Strickland also said that the administration is studying whether to require that all vehicles be equipped with event-data recorders, also known as black boxes. Many U.S. vehicles are already equipped with the black boxes. Some are also equipped with brake-override systems.

The hearing will examine NHTSA's role in tracking defects, and is at least the fourth congressional hearing in recent weeks related to Toyota Motor Corp.'s recall of some eight million vehicles worldwide for sudden-acceleration problems.

Why does NHTSA need to tell Toyota to install critical safety devices like "black box" data recorders and brake override systems? NHTSA's requirements are the minimum standards. Car makers can -- and are expected to -- do more than the bare minimum required by NHTSA.

Car makers like GM and Ford have used "black box" data recorders for years. Companies like Chrysler, Nissan, Audi and other car makers have used "smart brake" technology for more than a decade. Where has Toyota been during all of this?

Toyota has actually installed "black box" data recorder in many of its vehicles. However, Toyota calls its own data recording technology "experimental" and unreliable. Why would Toyota install unreliable data recorders in its vehicles?

So Toyota's "black boxes" are "experimental" and there is only one laptop in the entire United States that can interpret the data? And Toyota fights tooth and nail to keep from having to produce this information in lawsuits across the country... going so far as to settle the claim quickly if the Court orders production of this information.

Other auto makers make their data recorders available to the public and to law enforcement.

U.S. auto makers General Motors Co., Ford Motor Co. and Chrysler Group LLC have provided their black-box data formats to Bosch Diagnostics, a unit of German auto supplier Robert Bosch GmbH that makes tools that download crash logs from vehicles made by those auto makers. Those tools are widely used by police, crash investigators and attorneys, and the auto makers don't question the accuracy of the data retrieved with them.

I want to know what these black boxes say that Toyota doesn't want us to know.

Toyota has also said it would install "smart brake" technology in vehicles going forward.

That only puts Toyota 15 years behind the curve. Since Toyota's first recall announcement, I have called on Toyota to implement smart brake technology that would override an out-of-control gas pedal or throttle. Several weeks ago, USA Today reported that smart brake or smart pedal technology has been used by other car makers for more than a decade and would have cost less than $1 per vehicle to design and implement.

Why did Toyota refuse to utilize this critical safety device for so long? Was $1 too much to spend to ensure that innocent drivers wouldn't be injured or killed by runaway vehicles? Was it simply easier to "blame the driver" and call the problem "driver error" rather than acknowledge this serious safety defect?

It is time that Toyota is finally held accountable for putting profits over safety and for putting money ahead of human life.

You can learn more at our safety blog and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

Toyota Recall: Are Criminal Charges Against Toyota Coming Next?

Brett Emison — Thu, 11 Mar 2010 10:11:24 GMT

After at least 34 Toyota sudden acceleration deaths, attempts to cover up the sudden acceleration problem since 1986, and lie after lie after lie, USA Today has reported that Toyota may face criminal charges stemming from its handling of the sudden unintended acceleration problem.

Now we're learning that car makers like Toyota instruct their engineers and designers to cover up and destroy evidence to avoid potential criminal charges. I would normally say such conduct is unbelievable, but I've learned too much already about Toyota's culture of deception and history of safety cover-ups.

From USA Today:

The legal stakes are high for Toyota, because it is the first automaker embroiled in major safety issues since tough new criminal penalties became law after 2000's rollover recalls involving Ford Explorers and Firestone tires. The Transportation Recall Enhancement, Accountability and Documentation (TREAD) Act for the first time made individuals who intentionally mislead federal regulators about safety defects subject to possible criminal fines and/or prison.

Toyota revealed last month that a federal grand jury in the Southern District of New York subpoenaed documents relating to sudden acceleration in various vehicles and braking issues in the Prius.

The National Highway Traffic Safety Administration is investigating the timeliness of Toyota's reporting of its sudden-acceleration complaints and fixes and Transportation Secretary Ray LaHood says Toyota could face civil penalties. But the grand jury subpoenas signal that the U.S. attorney for that district has a criminal investigation underway.

"It is safe to assume they had good reason to issue those subpoenas," says former federal prosecutor Robert Mintz of McCarter & English. "They are well aware of the legal standards they have to meet to prosecute the case."

***

Bill Boehly, a former NHTSA enforcement chief, says NHTSA will be assessing whether Toyota should have told the agency sooner than it did about pedals that could stick, causing unintended acceleration, and whether it "provided all the information that was requested in the course of its defect investigations."

A trail of documents is being sought from Toyota by investigators in the various probes to discover what safety issues the company was aware of, when they found out about them and what they did in response.

However, Toyota likely has fewer documents to produce than an automaker might have in the 1990s. The TREAD Act sent such a chill through automakers that car company lawyers and managers began warning their engineers to avoid putting test results or conclusions in writing, according to two people who worked with the major automakers on compliance. They requested anonymity because of the sensitivity of the issue.

"The reason they don't put much in writing any more than they can help is they don't want to disclose the thought process or the design process of their staff," Savannah, Ga., plaintiff attorney James Carter says of automakers. "They've had to face that music too many times."

Did I read that correctly? The government did the right thing and enacted a tough law to hold manufacturers accountable for failing to recall defective vehicles that the car makers knew were hurting and killing people, so what did car makers do? Instead of making the vehicles safer, they told their engineers to stop putting test results in writing?!?

Car makers said, let's cover our ass and destroy evidence rather than make our cars safer for our customers and the driving public.

I am outraged by this -- aren't you?

It is time that Toyota is finally held accountable for putting profits over safety and for putting money ahead of human life.

You can learn more at our safety blog and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

Toyota Recall: Runaway Prius Rescued By California Highway Patrol

Brett Emison — Tue, 09 Mar 2010 10:23:31 GMT

News sources across the country, including Fox News, the Today Show on NBC and the Los Angeles Times, have reported on a runaway Toyota Prius that was rescued by California Highway Patrol officers after the Prius's accelerator stuck in what is yet another Toyota sudden unintended acceleration event.

From the Today Show:

Visit msnbc.com for breaking news, world news, and news about the economy

From the Los Angeles Times:

A stuck accelerator takes the Toyota hybrid to 90 mph on Interstate 8 in San Diego County before an officer helps out.

The driver of a Toyota Prius who called 911 on Monday to report his accelerator was stuck finally got the car stopped after about 20 minutes with the help of the California Highway Patrol, officers said.

"He was reaching speeds over 90 miles per hour," CHP Officer Larry Landeros said of the driver, James Sikes.

A Toyota spokesman said Monday evening that the company, which has recalled millions of vehicles because of reports of unintended acceleration, was sending a representative to investigate the cause of the incident.

***

"I pushed the gas pedal to pass a car and it did something kind of funny . . . it jumped and it just stuck there," Sikes, 61, said at a news conference. "As it was going, I was trying the brakes . . . it wasn't stopping."

A CHP patrol officer caught up to the Prius about 20 minutes later and used a loudspeaker to tell the driver to apply his emergency brake in tandem with the brake pedal, Landeros said.

Once the Prius' speed dropped to about 50 mph, Sikes turned off the engine and was able to coast to a stop, the officer said.

Landeros didn't know why the driver waited until his speed had dropped to turn off the engine, but the officer speculated that Sikes feared losing the car's power steering.

***

Sudden unintended acceleration has allegedly been the cause of 56 fatal accidents involving Toyotas in the U.S., going back as far as 2004.

The Prius that Sikes was driving was one of more than 4 million Toyota vehicles recalled in November because of the reported acceleration problems.

The Today Show report indicated that Sikes recently had his Prius examined by his local Toyota dealer as part of Toyota's sudden acceleration recall. It appears that this is yet another case of Toyota's recall failing to solve the unintended acceleration problem.

While it is still unclear what caused Sikes' Prius to accelerate out of control, Toyota continues to deny that its electronics play any role in the sudden acceleration problem.

In fact, Toyota has gone to great lengths to dispute the findings of an electrical engineering professor's test the recreated Toyota's sudden acceleration problem by introducing a short circuit in the electronic throttle controls. After Toyota executives that Toyota's own paid consultants could recreate Professor Gilbert's test, Toyota is now criticizing the test has gone so far as to have Toyota employees resign positions on an advisory panel at Southern Illinois University where Professor Gilbert teaches.

Toyota went so far as to stage a press conference yesterday with its paid consultants to publicize a study prepared under the direction of Toyota's litigation defense lawyers. Unfortunately, Toyota has chosen to attack its critics rather than discover what is really causing the sudden acceleration problems.

It is time that Toyota is finally held accountable for putting profits over safety and for putting money ahead of human life.

You can learn more at our safety blog and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison