Barrios, Kingsdorf & Casteix is spearheading litigation against Toyota for auto recalls affecting millions of vehicles. Partner Dawn Barrios has been invited to address attorneys at one of the first national seminars involving this important litigation. Our firm would be happy to discuss your case with you.
Acceleration Dangers in Toyota Vehicles
In January 2010, Toyota issued a massive auto recall involving 2.3 million vehicles, including their most popular, late model SUVs, pickups, and cars. In one of the largest auto recalls in history, Toyota acknowledged that potential acceleration problems in their vehicles are far more serious than they originally admitted.
These recalls affects millions of vehicles already out on the roads and has forced Toyota to halt new vehicle production because there have already been numerous serious and even fatal accidents. So great are the safety issues that the United States Congress has begun investigating the serious problems plaguing these vehicles.
Floor Mat Recalls
Prior to the 2010 recall, Toyota recalled over four million Toyota and Lexus vehicles. This 2009 Toyota recall was issued to reduce the risk of accelerator pedal “entrapment” attributed to floor mats. According to the automaker, improperly installed floor mats sometimes held down the gas pedal, resulting in serious accidents caused by unintended acceleration.
As recently as November 2009, Toyota maintained that loose floor mats were the sole cause of this unintended acceleration risk, advising customers to simply remove the driver’s side floor mat to prevent such problems.
Meanwhile, the National Highway Traffic Safety Administration (NHTSA) received hundreds of incident reports, including 17 serious accidents and five fatalities related to unintended acceleration in Toyota vehicles. In one of these accidents, a Lexus unexpectedly accelerated to 120 mph just prior to a serious accident that killed four people.
While Toyota blamed loose floor mats for these serious accidents, NHTSA was compiling evidence to the contrary. The agency even publically chastised Toyota for misleading people about the auto defect risks posed by their vehicles. The agency found evidence of an underlying defect in the accelerator pedal design and the driver’s side foot well.
The following Toyota cars, SUVs and trucks were involved in the floor mat recall:
- 2005-2010 Avalon
- 2007-2010 Camry
- 2009-2010 Corolla
- 2008-2010 Highlander
- 2009-2010 Matrix
- 2004-2009 Prius
- 2005-2010 Tacoma
- 2007-2010 Tundra
- 2009-2010 VENZA
- Lexus models IS250, IS350 and ES350.
Accelerator Pedal Recall
Finally in January 2010, Toyota acknowledged more serious underlying accelerator pedal problems, prompting an additional recall affecting over two million vehicles. Toyota now claims that the accelerator pedal may stick in a partially depressed position in many of their most popular vehicles. This risk is posed even in the absence of floor mats. This sticking of the gas pedal can lead to rapid uncontrollable acceleration—clearly a serious danger on the road.
The automaker advises that this auto defect while rare, is more likely with increased wear and tear on the accelerator pedal.
Toyota now says they will remove and replace potentially defective accelerator pedals in its recalled vehicles. Unfortunately, this attempt to fix the problem comes to little to late for those involved in serious accidents because of these defects.
The accelerator pedal recall affects:
- 2009-2010 RAV4
- 2009-2010 Corolla
- 2009-2010 Matrix
- 2005-2010 Avalon
- 2007-2010 Camry
- 2010 Highlander
- 2007-2010 Tundra
- 2008-2010 Sequoia
Problems with Toyota’s “Drive-By-Wire” Acceleration System
Toyota began implementing an electronic accelerator system in its cars, SUVs and trucks in the 1990s. This system, which does not have a mechanical link between the gas peddle and throttle, is suspected as a potential cause of the unintended acceleration risks. Why? Because this system lacks a mechanical or electronic “fail-safe” system, which would enable drivers to regain control in the event of sudden unintended acceleration. Furthermore, this newer system is vulnerable to electronic interference.
