Personal Injury Law

Deaths Prompt Recall of 3.8 Million Vehicles

By Paul Napoli

September 30, 2009

California Highway Patrol Officer Mark Saylor, 45, and three members of his family died when their runaway 2009 Lexus ES350, traveling at more than 120 miles per hour, crashed and burst into flames near San Diego, CA in August. One passenger called 911 moments before the crash to report the vehicle had no brakes and the accelerator was stuck.

The San Diego Sheriff's Department has not completed its investigation into the off-duty trooper's crash, but he National Highway Traffic Safety Administration (NHTSA) investigation has determined that a rubber all-weather floor mat found in the wreckage was slightly longer than the mat that belonged in the vehicle, something that could have snared or covered the accelerator pedal. Toyota spokesman John Hanson said that because only preliminary reports had been submitted in the California case, it was impossible to comment on that particular incident. The U.S. government said it has received reports of 100 related incidents that include 17 crashes and 5 fatalities involving Toyota vehicles. "This is an urgent matter," said U.S. Transportation Secretary Ray LaHood.

Toyota and U.S. safety regulators warned owners to remove all driver-side floor mats as an immediate safety precaution. The recall will affect 2007-10 model year Toyota Camry, 2005-10 Toyota Avalon, 2004-09 Toyota Prius, 2005-10 Toyota Tacoma, 2007-10 Toyota Tundra, 2007-10 Lexus ES 350 and 2006-10 Lexus IS 250 and IS 350 vehicles. With 3.5 million vehicles affected by this recall, this is the largest by Toyota in US history but not the first for issues with floor mats. In September 2007, Toyota recalled an accessory all-weather floor mat sold for use in some 2007 and 2008 model year Lexus ES 350 and Toyota Camry vehicles because of similar problems.

The National Highway Traffic Safety Administration (NHTSA) conducts defect investigations and administers safety recalls. NHTSA is authorized to order manufacturers to recall and repair vehicles or items of motor vehicle equipment when investigations indicate that they contain serious safety defects in their design, construction or performance. Manufacturers voluntarily initiate many of these recalls, while others are either influenced by NHTSA investigations or ordered by NHTSA via the courts.

Examples of defects considered safety-related by the NHTSA
... Steering components that break suddenly causing partial or complete loss of vehicle control.
... Problems with fuel system components, particularly in their susceptibility to crash damage, that result in leakage of fuel and possibly cause vehicle fires.
... Accelerator controls that may break or stick.
... Wheels that crack or break, resulting in loss of vehicle control.
... Engine cooling fan blades that break unexpectedly causing injury to persons working on a vehicle.
... Windshield wiper assemblies that fail to operate properly.
... Seats and/or seat backs that fail unexpectedly during normal use.
... Critical vehicle components that break, fall apart, or separate from the vehicle, causing potential loss of vehicle control or injury to persons inside or outside the vehicle.
... Wiring system problems that result in a fire or loss of lighting.
... Car ramps or jacks that may collapse and cause injury to someone working on a vehicle.
... Air bags that deploy under conditions for which they are not intended to deploy.
... Child safety seats that contain defective safety belts, buckles, or components that create a risk of injury, not only in a vehicle crash but also in non-operational safety of a motor vehicle.

The NHTSA releases a monthly report detailing current defect investigations. In the August 2009 report, the NHTSA is investigating safety-related defects such as brake line rupture in 1999-2002 Mercedes Benz ML 430/500/55 and side air bag non-deployment in 2003-2005 Infinity Q45 AND 2003-2004 Infinity M45 models.

If you or a loved one has been injured or a loved one killed in an auto accident as the result of a safety-related defect listed above, contact Napoli Bern Ripka LLP immediately. We will discuss the situation with you and come up with a plan of action to help you get compensation for your injuries, property damage or a loved one's wrongful death. Visit www.napolibern.com or call 1-888-529-4669 to discuss your case and find out the best course of action to ensure that you get the compensation you deserve.

Sources:
http://pressroom.toyota.com/pr/tms/toyota/toyota-consumer-safety-advisory-102572.aspx
http://www-odi.nhtsa.dot.gov/recalls/recallprocess.cfm
http://nhthqnwws112.odi.nhtsa.dot.gov/acms/docservlet/Artemis/Public/Pursuits/2009/INVMTY-082009-1234.pdf
http://www.reuters.com/article/domesticNews/idUSTRE58S69820090929
http://www.reuters.com/article/wtMostRead/idUSTRE58S69820090930

Full post as published by New York City Personal Injury Lawyer on September 30, 2009 (boomark / email).