After a San Diego, California family of four lost control of their Lexus vehicle and died in an August 2009 accident, Toyota could no longer ignore the complaints of cars suddenly and uncontrollably accelerating. The National Highway Traffic Safety Administration (NHTSA) estimates that the problem has caused at least 15 deaths, more than 200 accidents, and given rise to potentially thousands of complaints.
Responding to the San Diego accident, in September Toyota recalled 3.8 million Toyota and Lexus vehicles from model years 2004 to 2010 and identified the problem as being caused by problems with both the floor and floor mat designs. In some cases, if a floor mat is not properly fitted to a particular car and not properly secured to the floor, it can interfere with the gas pedal, which then becomes jammed. This can cause the car to accelerate suddenly, even when the driver steps on the brake. In some cases, the acceleration was reported to be as fast as 100 miles per hour.
The recalled cars include the following models:
2007-2010 Toyota Camry
2005-2010 Toyota Avalon
2004-2009 Toyota Prius
2005-2010 Toyota Tacoma
2007-2010 Toyota Tundra
2007-2010 Lexus ES350
2006-2010 Lexus IS250 and IS 350
Toyota is investigating several solutions, including redesigning the floor mats and floor design in the affected models and installing a feature that would prevent the car from accelerating if the brake pedal is depressed. However, in many cases, the damage has already been done. At least seven lawsuits have already been filed around the country, and many more are likely to arise over the coming months.
Questions Remain
While Toyota maintains the problem is with the floor mats and not a defect with the electronic throttle system, at least one fatal accident occurred in a 2005 Camry where the floor mats had been removed from the car. The NHTSA is still investigating the problem and has suggested that there may be underlying defects in the design of the gas pedal and the driver's foot well that might also be contributing to these dangerous accidents. Additionally, the existence of push-button ignition and the fact that the braking system seems to lose most of its power when the throttle is fully opened may be other contributing factors.
Another remaining question is how long Toyota has known about the problem before doing anything. Some allege the manufacturer had been aware of the potential for sudden acceleration for years and that Toyota started receiving complaints as early as 2002. In fact, since 2003 the NHTSA had investigated sudden acceleration claims eight times.
If you or someone you love has been involved in an accident that might have been caused by the floor mat sudden acceleration defect, seek an experienced and knowledgeable personal injury attorney to protect your and your loved ones' rights. To obtain the compensation that you deserve, contact The Law Offices of James R. Gillen today for a consultation.
