Toyota's assertions of driver error suggest that BLACK BOXES are more reliable than previously attested

NATIONAL - According the the Los Angeles Times (7/29, Bensinger, Vartabedian) reports that Toyota has often dismissed the data collected by its event data recorders as "unreliable" and collected by "unproven technology. ... Now, facing continued claims that its vehicles are defective, Toyota appears to have done an about-face" and "has been citing data from black boxes in Toyota and Lexus vehicles to suggest that driver error, rather than mechanical or electronic defects, is causing sudden acceleration.

In court cases, regulatory filings and dealings with customers, Toyota has for years branded the devices -called event data recorders, or EDRs - as unreliable. It has also said the tools used to read the reports are prototypes. 'It sounds duplicitous when all along Toyota has been saying this is unreliable, and now they are using it as their defense and they are not releasing the data to the public,' said Henry Jasney, senior counsel at Advocates for Highway and Auto Safety."

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Toyota Accused of Planting Driver Error Story | Sudden Acceleration | Injury

NATIONAL - Toyota is being accused of planting a story in The Wall Street Journal asserting that federal regulators were blaming dozens of unintended acceleration incidents involving the company’s vehicles on “driver error.” According to the Web site Just-Auto.com, a spokesperson for the National Highway Traffic Safety Administration (NHTSA) has refuted the claims made in the Journal piece, which was published Tuesday.

“That story was planted by Toyota,” the NHTSA spokesperson told just-auto. “Toyota is the source – yes we know that for definite.” More Toyota Accused of Planting Driver Error Story.

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TOYOTA | Sudden Acceleration cases | U S District Judge orders Toyota to turn over documents

Last week a federal judge ordered Toyota Motor Corp. to turn over thousands of pages of records to lawyers who have sued the Japanese automaker because of alleged sudden-acceleration problems. US District Judge gave Toyota thirty days to turn over documents that it had previously supplied Congress and the National Highway Traffic Safety Administration.

The release of these documents would help lawyers prepare a consolidated class-action lawsuit that would seek compensation for Toyota owners.

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Toyota and semi-truck crash | One fatal injury | FHP investigation | Trinity | New Port Richey | Pasco County

PASCO COUNTY – According to the Florida Highway Patrol, a Toyota collided with a semi-tractor trailer on SR-54, east of Mitchell Ranch Road in Trinity / New Port Richey. The driver of the Toyota traveled across the center median into the path of the semi-tractor-trailer. The driver of the Toyota died from the impact of the crash.

 

Florida Highway Patrol is still investigating.

NHTSA opens new Toyota probe STEERING -RELAY ROD

NATIONAL - According to The Washington Post (5/11, Whoriskey) reports NHTSA is "opening a second investigation into whether Toyota delayed notifying government authorities of a dangerous defect, this one affecting the steering systems of nearly 1 million sport-utility vehicles and pickup trucks. The probe...comes a little more than a month after the agency fined the automaker $16. 4 million for waiting at least four months before notifying safety officials about a 'sticky pedal' defect. ...The new investigation involves a problem with the steering-relay rod on Toyota 4Runner SUVs, Toyota T100 pickups and Toyota pickups affecting some 1989 through 1998 models."

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TOYOTA LITIGATION ♦ Sudden acceleration ♦ Toyota car CRASH ♦ Personal Injuries

NATIONAL - According to an Associated Press (AP) investigation, Toyota has routinely engaged in questionable, evasive and deceptive legal tactics when sued, frequently claiming it does not have information it is required to turn over and sometimes even ignoring court orders to produce key documents.

In a review of lawsuits filed around the country involving a wide range of complaints -- not just the sudden acceleration problems that have led to millions of Toyotas being recalled -- the automaker has hidden the existence of tests that would be harmful to its legal position and claimed key material was difficult to get at its headquarters in Japan. It has withheld potentially damaging documents and refused to release data stored electronically in its vehicles.

There have been numerous cases around the country in which Toyota's actions were evasive, and sometimes even deceptive, in providing answers to questions posed by plaintiffs. Court rules generally allow a person or company who is sued to object to turning over requested information; it's permitted and even expected that defense attorneys play tough, but it's a violation to claim evidence does not exist when it does.

Toyota disputes this statement and the accusations of deception. Toyota says, “it plays by the rules when it comes to defending itself.” "Toyota takes its legal obligations seriously and strives to maintain the highest professional and ethical standards, in connection with litigation and otherwise,'' the company said, "We are confident we have acted appropriately with respect to product liability litigation.'' 

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STATE FARM - Subrogation - TOYOTA - Personal Injuries - PROPERTY DAMAGE

NATIONAL - According to a recent article published in USA Today, State Farm Insurance Companies will be seeking repayment from Toyota on unintended acceleration claims. 

"Armed with reports of accidents for which they've already paid claims, State Farm insurance has asked Toyota to repay them for any crashes related to unintended acceleration by its vehicles." Other insurance companies "are expected to follow and demands for repayment of claims - called 'SUBROGATION' in the insurance business - could end up costing Toyota from $20 million to $30 million . . ."

The article goes on to say, "If Toyota doesn't end up paying for accidents insurers link to sudden acceleration, the cost could trickle down to consumers, who could end up paying higher insurance rates for Toyota vehicles."

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ANOTHER HIT FOR TOYOTA - NHTSA seeking $16 MILLION DOLLAR FINE for sticky Toyota gas pedals.

NATIONAL - The NHTSA will seek the maximum possible penalty from Toyota-over $16 million-in its faulty accelerator case generated significant coverage, with reports on all three network news broadcasts and heavy reporting in major papers, wire services, and news sites.

ABC World News reported that the government "accused Toyota of, in essence, a cover up, proposing to hit the company with a $16 million fine. The announcement said Toyota had five days to report problems with sticking gas pedals but instead waited months to take action."

A former NHTSA administrator called the announcement a "black eye" for the automaker, and adds that Toyota was "blasted" "for knowingly hiding a dangerous defect. Toyota has been accused of failing to 'take action to protect millions of drivers and their families.'"

According to the Washington Post, if the fine is approved, it would represent the largest financial penalty imposed by the U.S. government on an automaker. Furthermore, the fine could rise" should the government find other related violations on Toyota's part. If the government's ongoing investigation into runaway Toyotas turns up violations related to other defects, perhaps more fines may be on the horizon for Toyota.

Some have said, “accepting the fine could look like admission of guilt.” Therefore, Toyota faces a dilemma, accept a record $16.4 million fine or continue to fight at the cost of more bad publicity.

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"Lost value" lawsuits seen as most significant source of liability for Toyota

NATIONAL - In a column in Forbes (2/22), analytical services company Oxford Analytica wrote that lawsuits against Toyota will include "traditional product liability claims," as well as "claims that seek to recover cars' 'lost value'" and "shareholder suits that seek to recover for the drop in the company's share price."

The column assesses the lost value suits as posing the greatest threat, commenting that "the last several years have seen a significant scaling back in corporate legal liability for defective products, as a result both of legal reforms initiated at the federal and state levels and decisions by the U.S. Supreme Court that have sharply limited the award of punitive damages."

Read the article in FORBES

Toyota power steering problems – INVESTIGATION – Losing control of steering at highway speeds

NATIONAL – According to a Transportation Department official, they plan to begin a formal investigation into potential problems with the 2009-2010 Toyota Corolla power steering. 

The Toyota Motor Corporation was already looking into some complaints of power steering problems with the Corolla and was considering a recall. However, Toyota said “there have been fewer than 100 complaints.” Drivers have complained they feel they were losing control over the steering, particularly at highway speeds.

Toyota sold approximately 300,000 Corolla models in the United States last year.

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TOYOTA MOTORS - Toyota Corolla Steering Complaints Under Review – Another Safety Issue?

NATIONAL – According to Automotive News, Toyota may have another safety headache on it hands, this time involving the popular Corolla model.

According to various media reports, the. U.S. National Highway Traffic Safety Administration (NHTSA) is reviewing a number of complaints involving steering on the 2009-2010 Toyota Corolla, and may open a formal probe. The Corolla has been the subject of 83 power-steering complaints to the NHTSA. At least 76 of those reports involved the Corolla unexpectedly veers to the left or right at 40 miles an hour and up.

In recent months, Toyota has also recalled millions of vehicles around the world because of incidents of dangerous, unintended acceleration. Just a few months prior, in September 2009, Toyota announced it was recalling and replacing floor mats on approximately 4.2 million vehicles which were allegedly causing accelerator pedals in the vehicles to become stuck in the depressed position, leading to uncontrollable and rapid acceleration of the vehicle.

These recalls have put into question Toyota’s reputation for quality and reliability. Last months recall also created huge legal headaches for the automaker, which now faces at least 35 lawsuits filed by customers in the U.S. and Canada alleging, among other things, negligence and unjust enrichment.

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TOYOTA STICKY ACCELERATORS may cause tragic accidents

NATIONAL - State Farm told NHTSA about sticky accelerators in 2007. In continuing coverage, the AP (2/10, Thomas) reports that State Farm insurance announced yesterday that it "alerted" NHTSA "in late 2007 about a rise in reports of unexpected acceleration in Toyota vehicles, the latest warning sign to emerge about the massive recall.

NHTSA officials said the report was reviewed and the agency issued a recall later that month. NHTSA received complaints about acceleration problems in Toyota vehicles as early as 2003, and congressional investigators are looking into whether the government missed warning signs of the problems."

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TOYOTA / LEXUS unintended sudden acceleration risk - NHTSA says 15 fatalities

NATIONAL - According to The Detroit News (11/20, Tierney) reports, "After a highly publicized crash in August that killed four people when the driver lost control of a Lexus sedan, Toyota has come under intense pressure to reduce the risk of unintended acceleration. The Japanese automaker and U.S. safety regulators are discussing changes to the gas pedal, as well as adjustments that would make it easier to stop a car that's accelerating, according to sources familiar with the negotiations.

The U.S. National Highway Traffic Safety Administration says 15 fatalities, including the four in August, are linked to hundreds of reports of unintended acceleration of Toyotas it has received since 2002." George Peterson, president of AutoPacific Inc. in Tustin, CA, said that "the issue could be costly...if the company is found to be at fault -- and if juries are convinced Toyota knew about the problem."

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TOYOTA SUDDEN ACCELERATION - Floor Mats - Not the only problem

NATIONAL - According to the Los Angeles Times, Toyota's problems may extend beyond floor mats. "Auto safety experts believe there may be a bigger problem with Toyota vehicles than simply the floor mats."

They believe "that Toyota's ignition, transmission and braking systems may make it difficult for drivers to combat sudden or unintended accelerations and safely recover, regardless of their cause."

The NHTSA "says it has an open investigation into sudden acceleration events involving Toyota vehicles."

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Toyota/Lexus floor-mat problem may have been known since 2007

NATIONAL - In the "Wheels" blog at the New York Times, Christopher Jensen wrote, "Toyota and the National Highway Traffic Safety Administration issued a warning on Tuesday about floor mats possibly jamming accelerators on 3.8 million Toyotas. But the company and the agency have known about the problem for more than two years." A 2007 NHTSA investigation "made it clear the automaker had a problem with the design of the accelerator pedal and the all-weather, rubber floor mats that were an option."

To read more - CLICK ON THE LINK - wheels.blogs.nytimes.com

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Judge orders Toyota to preserve crashworthiness documents

NATIONAL - According to Bloomberg News, "Toyota Motor Corp., its units, lawyers and any other employees were ordered by a U.S. judge to preserve all documents about the 'crashworthiness' of its vehicles after the carmaker was accused of destroying lawsuit evidence."

The order stems from a lawsuit in which a former in-house attorney for Toyota, Dimitrios Biller, "claims Toyota destroyed documents that should have been retained as possible evidence in personal injury claims."

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TOYOTA / LEXUS - Largest Recall in Toyota's history - 102 Reported incidents

NATIONAL - NHTSA said it "had received reports of 102 incidents in which the accelerator may have become stuck on the Toyota vehicles involved."

According to FORBES - "The impending U.S. recall, the largest in Toyota's history, followed a horrific crash last month in San Diego in which a mat was suspected of snagging a gas pedal on a runaway Lexus, ending with a fiery crash that killed four family members. A minute before the crash, the driver called police to say the car had no brakes and the accelerator was stuck. The runaway car was doing more than 120 mph when it hit a sport-utility vehicle, launched off an embankment, rolled several times and burst into flames."

FOR IMMEDIATE SAFTEY: Owners should take out the floor mats on the driver's side, not replace them and contact a local Toyota/Lexus dealer.

If you or a loved one has been injured, call the TRIPP LAW FIRM for an immediate telephone consultation. Florida Injury Attorney G. Alan Tripp, Jr. and the injury law team are available 24 hours a day. CALL (888) 392-LAWS (5297).

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Toyota/Lexus to recall 3.8 million vehicles – Floor mats may cause accelerator to stick and cause a crash

NATIONWIDE - Toyota is in the process of recalling 3.8 million vehicles in the United States. The problem is a removable floor mat. The floor mat could interfere with the vehicle's accelerator and cause a crash.

The company says it will be the largest recall in its history. Toyota owners could learn about the safety campaign as early as next week.

The recall affects the following vehicles: 2007-2010 model year Toyota Camry, 2005-2010 Toyota Avalon, 2004-2009 Toyota Prius, 2005-2010 Tacoma, 2007-2010 Toyota Tundra, 2007-2010 Lexus ES350 and 2006-2010 Lexus IS250 and IS350.

FOR IMMEDIATE SAFTEY: Owners should take out the floor mats on the driver's side, not replace them and contact a local Toyota/Lexus dealer.

If you or a loved one has been injured, call the TRIPP LAW FIRM for an immediate telephone consultation. Florida Injury Attorney G. Alan Tripp, Jr. and the injury law team are available 24 hours a day. CALL (888) 392-LAWS (5297).

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Federal judge DENIES Toyota's bid to seal whistleblower lawsuit

NATIONAL - Toyota Motor Corp.'s request to seal a U.S. lawsuit by a former in-house attorney claiming the carmaker destroyed crash data was denied yesterday by a judge who said the suit was already 'irreversibly' public. The suit, filed in July by Dimitrios Biller, a former Toyota in-house lawyer, claims the world's largest automaker hid engineering and testing results in more than 300 car- rollover cases.

The company is 'disappointed' with the decision, said Mike Michels, a Toyota spokesman. 'We remain confident that we have acted appropriately in product liability cases and in all reporting to federal safety regulators,' Michels said. 'The court's decision does not affect the fundamental aspects of the case in any way.'"

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Fatal crash prompts Toyota-LEXUS to order floor mat inspections

NATIONAL - According to the San Diego Union-Tribune, “Toyota said Tuesday it will order all dealers to inspect their cars for mismatched floor mats after a mat was suspected of snagging a gas pedal on a runaway Lexus, ending with a fiery crash that killed four family members in San Diego County."

The piece notes that the family was riding in a loaner car from a Lexus dealership. "Investigators with the National Highway Traffic Safety Administration have determined that a rubber all-weather floor mat found in the wreckage was slightly longer than the mat that belonged in the vehicle. That could have snared or covered the accelerator pedal."

A preliminary investigation into a crash that killed four found the wrong floor mat was installed in the loaner Lexus sedan."

Source – San Diego Union-Tribune

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