Class Action Lawsuit For Unintented Acceleration Is Filed Against Toyota

Class Action Lawsuit For Unintented Acceleration Is Filed Against Toyota
The law firm of McCuneWright, LLP, filed a national class action lawsuit yesterday against Toyota Motor Corporation on behalf of Toyota and Lexus owners who have experienced incidents of sudden unintended acceleration.

Los Angeles County residents Seong Bae Choi, the owner of a 2004 Camry and Chris Chan Park, who owns a 2008 FJ Cruiser, will represent the class. Both have experienced multiple instances of sudden unintended acceleration in their respective vehicles, Choi and Park are also among the thousands of Toyota and Lexus owners who have experienced incidents of sudden unintended acceleration while driving their vehicles, and among the millions who are potentially affected by this dangerous defect.

The crash in Santee that claimed four lives in August raised the profile of the issue with the public, Toyota, and federal regulators. California Highway Patrol Officer Mark Saylor was at the wheel of a Lexus ES 350 sedan on Highway 125, when the vehicle inexplicably accelerated to speeds exceeding 100 mph. According to a 911 call of the incident, Saylor was unable to stop the Lexus before it crashed and burst into flames, killing him, his wife, daughter and brother-in-law.

This, however, is not the only fatal crash resulting from sudden unintended acceleration in Toyota and Lexus models. Sean Kane, president of Safety Research & Strategies, Inc., has reported at least 16 fatalities and 243 injuries in crashes involving Toyotas that have been attributed to sudden unintended acceleration. In total, there have been more than 2,000 complaints of sudden unintended acceleration in these vehicles, culled from litigation and consumer-reported complaints to the automaker and the National Highway Traffic Safety Administration (NHTSA).

Toyota has tried to lay all the blame on floor mats, launching a recall last month affecting approximately four million Toyota and Lexus vehicles. But the evidence suggests that the causes of these uncontrolled acceleration events are likely more complex, involving computer, electronic, and mechanical systems.

"For years, Toyota Motor Corporation has dismissed complaints of sudden acceleration as being the driver's fault," said McCuneWright attorney, David Wright. "But neither driver error nor floor mats can explain away many other frightening instances of runaway Toyotas. Until the company acknowledges the real problem and fixes it, we worry that other preventable injuries and deaths will occur."

Toyota's first response should be immediate changes to their control systems, so drivers can safely stop a sudden unintended acceleration event, Wright said. Toyota's current design does not allow drivers to easily put the vehicle in neutral, apply the brakes, or just turn off the ignition. NHTSA recently highlighted this problem in a Vehicle Research & Test Center report. It noted that Toyota and Lexus drivers could be stymied in an emergency situation because:

* the ignition button on vehicles with a keyless ignition system must be depressed continuously for three seconds when the vehicle is moving before it will turn off the engine;
* the neutral gear position is difficult to find because it requires the driver to move the shifter both laterally and vertically; and
* when the throttle is in the open position it requires a brake pedal force of 150 pounds to stop the vehicle, five times more than the 30 pounds required when the vehicle is operating normally.

In addition, Toyota vehicles are not equipped with a brake-to-idle failsafe, which many other manufacturers already incorporate in their designs. This failsafe brings the engine to idle when both the throttle is in the open position at the same time the brake pedal is being depressed.

"We think this lawsuit is necessary to save lives," Wright said. "Along with other individual lawsuits, the press, consumer groups, and the government, it is our goal to force Toyota to make these changes."


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LexSucksLexSucks - 11/9/2009 9:50:59 AM
+4 Boost
Not good. It's the 80's all over again.


Agent009Agent009 - 11/9/2009 10:43:50 AM
+2 Boost
Yes it is the 80's all over again. Now can Toyota handle it better than Audi did? I certainly hope so.


JustaCarJustaCar - 11/9/2009 1:10:36 PM
+3 Boost
As long as 60-Minutes does not do an "investigative report" on it, Toyota will be fine.


kpaxxkpaxx - 11/9/2009 10:04:05 AM
+3 Boost
this on top of the Billier Law Suit. Toyota is going to have some serious legal bills.


Need4SpeedNeed4Speed - 11/9/2009 10:14:05 AM
-5 Boost
Toyota has nothing to worry about...the Judge and probably everyone on the jury drives a Toyota.


Agent009Agent009 - 11/9/2009 10:44:49 AM
+7 Boost
So that means a few of them have witnessed the issue first hand. Good thought process there.


Need4SpeedNeed4Speed - 11/9/2009 1:46:43 PM
+2 Boost
Gotta admit...that comment was about as good as a stale cup of coffee...it certainly got a few people started this morning though...Lol! What can I say...I was bored!


WhelanWhelan - 11/9/2009 2:50:30 PM
+2 Boost
Even with the shifts of lateral and vertical to get the shifter to the rigth Neutral gate, it should do so without any complication. Any car I've ever been in shifts to neutral without any need for a brake pedal depress, full stop, etc.

For us car people shifting to neutral when something like this goes wrong would be the #1 logical and automatic response which would allow us to coast and brake to a stop on the side of the road while also hitting our flashers to signify a problem.

But believe it or not, we are a minority when it comes to cars as the general pop does not take the time to do more than get in, start, drive, and bring it to their dealer so the technicians can bring it in back and performan magic spells on the cars to make them (run like new) again.


tangotango - 11/9/2009 4:51:25 PM
+1 Boost
Oh for the love of God...


r_driver04r_driver04 - 11/10/2009 4:16:59 PM
+3 Boost
Here comes the rain again.....Toyota needs to step up and handle the problem. Just admit and move on. They're not the only comnpany that has endangered the lives of millions of people.


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