Defective Toyota Recall

Posted on March 4, 2010 by Greenberg & Bederman

 

Many car accidents have causes that are based on the driver’s negligence. For instance, a driver might run a red light or run a stop sign because he was sending a text message and wasn’t paying attention. Some accidents have causes that are environmental, like when someone is driving responsibly but the car hits a patch of black ice. Other accidents involve purely random occurrences, like when a driver swerves to avoid a pedestrian or animal that has darted out onto the road.

But lately there have been a slew of accidents in this country, with some of them being fatal, and the cause has nothing to do with the driver, or the environment, or carelessness on the part of pedestrians or animals. These car accidents are taking place because of the systemic malfunction of a large number of Toyota makes and models.

The numbers of failures in crucial systems such as brakes, acceleration and steering are unprecedented. There have certainly been automotive safety recalls, but as far as we can remember, there has never been an event where multiple models from one manufacturer have experienced multiple safety failures all at the same time. A recall normally involves one problem with a few models at most. In Toyota’s case, the problems involved practically their entire line of automobiles, from hybrids to sedans to pickup trucks to SUV’s.

 

So far, the models on the Toyota recall list include the following:

·         2009-2010 Rav4

·         2010 Highlander

·         2007-2010 Tundra

·         2008-2010 Sequoia

·         2009-2010 Corolla

·         2009-2010 Matrix

·         2005-2010 Avalon

·         2007-2010 Camry

·         2010 Prius

·         2010 Lexus HS250h

·         2009-2010 Pontiac Vibe

So considering that cars use one year ahead for their model years, these vehicular failures can go all the way back to 2004. That adds up to about six year’s worth of Toyotas malfunctioning on our roads in drastic and dangerous ways.

As we mentioned before, the problems aren’t cosmetic or something that can be brushed off. The first major recall involved floor mats that were jamming the accelerator pedal into the down position. Then there was a recall that involved accelerator pedals that were sticking even if there was no floor mat problem at all.  Then in February there was a recall involving the braking system in the Prius model, which basically meant that there was a possibility of an accident no matter which pedal you happen to be stepping on.  

These malfunctions have resulted in multiple serious injuries, and, unfortunately, more than a few traffic fatalities. The Los Angeles Times recently went through a series of accident reports and public records and found at least 54 instances of Toyota drivers who lost their lives due to vehicle malfunctions. Some of the more startling accidents include:

·         An accident in Texas where a Toyota ran through a stop sign, hit a tree and landed upside down in a lake. Four people drowned in this accident, including the driver.

·         A Toyota that sped across a street in Indiana, crashing into a jewelry store.

·         A Toyota driven by a California restaurant owner that accelerated to speeds of 100 mph before it hit a telephone pole.

Most of these incidents were collected as complaints by the National Highway Traffic Safety Administration, which is a Federal agency dedicated to automotive safety. But in the case of these Toyota complaints, the NHTSA did nothing to actually verify if these complaints and reports were valid. They are only just now testing the car that used to belong to Rhonda and Eddie Smith, who testified before the House Energy and Commerce Committee about their unintended acceleration incident. And since the NHTSA actually sat down with Toyota and negotiated a smaller and less effective recall even as people were already being injured by their cars, it’s hard for us to believe that the NHTSA will take a proactive role in handling this. 

Much has been made of the CEO of Toyota testifying and apologizing on the Hill in February, but we sincerely doubt that the apology means that Toyota will simply concede if someone who was injured due to a vehicle malfunction files a lawsuit. We expect Toyota to put up a vigorous legal defense for any legal action that is taken against them.

If you have been injured due to a defective Toyota, it is in your best interests to seek legal assistance as soon as possible.  Having an attorney who understands the difference between fair compensation for you and convenient for Toyota is very important, particularly if your injury has prevented you from returning to work.

Greenberg and Bederman is a Washington, D.C. based injury accident law firm with decades of legal experience. Our lawyers have been handling both car accident cases and product liability cases, and the Toyota recalls often fall under both categories. Our main office is located in Silver Spring, but we can offer legal assistance for injury victims all over Virginia, Maryland, and Washington, D.C.

If you or a loved one has been injured because of a defective Toyota Recall, contact Greenberg and Bederman for a free legal consultation today.

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