Featured, Product Liability - Written by Beasley Allen on Monday, November 23, 2009 8:00 - 0 Comments

The Toyota recall fails to address all safety concerns

toyota yarisIt must be noted the massive safety recall by Toyota mentioned above doesn’t address a potentially dangerous mechanical defect causing the sudden, unexplained acceleration accidents. While the mats may well be a contributing factor in some cases, there is much more to this story.

A defective engine throttle control system – not floor mats interfering with gas pedals – is causing many accidents due to Unintended Acceleration. It’s the opinion of many safety advocates that removing floor mats alone won’t stop those accidents. Based on the experience our firm and others have had with these cases, I believe that Toyota’s electronic throttle control system has been a factor in a number of sudden, unintended acceleration accidents. In the older vehicles, the floor mat problem doesn’t seem to be the issue.

According to Safety Research & Strategies, the problem appeared to increase beginning with the 2002 Camry, when Toyota installed a new electronic throttle control for a redesigned model. Since then, problems have been reported in the Camry, Camry Solara, Lexus ES 300 and ES 330s, Sienna, and RAV4 vehicles, covering models years from 2002 and later.

Our firm currently is representing clients in four cases involving unintended acceleration accidents with Toyotas. We filed suit last year in state court on behalf of Jean Bookout, a Yukon, Okla. woman who survived a 2007 crash. Ms. Bookout was driving her 2005 Camry and exiting an interstate highway when the car suddenly accelerated. She applied the brakes, including the emergency brake, but the car continued to speed out of control, leaving 100-foot skid marks before crashing into an embankment. Ms. Bookout survived, but her friend, passenger Barbara Schwarz, died. Our firm is now investigating three other similar accidents.

We believe that in some cases this sudden acceleration occurs after a person takes his foot off the gas. Other across the country have seen the very same thing. We plan to ask the court to allow our firm to share discovery in the case with other victims’ . We need to be able to share amongst each other, to help our clients, and to make sure that the problem is addressed by NHTSA. I believe – as do others – that NHTSA should conduct a complete and thorough investigation. But, as you may know, NHTSA largely relies on information from manufacturers in making evaluations and decisions. Toyota has been accused of being less than forthright about product liability issues and that appears to be the case with the sudden acceleration problem.

Source: USA Online




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