Toyota Recall Lawsuits Mount Over Sudden Acceleration Problems
Published: January 29th, 2010 • Comments: 19
Product liability lawsuits and wrongful death lawsuits against Toyota Motor Corp. are beginning to mount in the wake of recent gas pedal problems with Toyota vehicles, which have resulted in the recall of more than 5 million cars, pick-up trucks and sports utility vehicles.
Owners have complained that their Toyota vehicles, some of which were sold under the Lexus brand, suddenly began to accelerate out of control, resulting in serious and sometimes fatal accidents.
The problems first gained national attention following an August 2009 accident in California involving an off-duty state trooper and three family members who were killed while driving a Lexus ES 350 on loan from a San Diego dealership. Minutes before the fatal crash, passengers called police to report that the Toyota-manufactured vehicle was accelerating out of control at speeds as high as 120 m.p.h. Witnesses reported that the car’s tires were on fire, which was likely due to the driver slamming on the brakes before hitting another vehicle, falling off an embankment, rolling multiple times and bursting into flames.
In September 2009, a Lexus and Toyota recall was issued for 3.8 million vehicles that contained certain all-weather floor mats, which Toyota indicated could get stuck under the gas pedals. Following that recall it was reported by the New York Times that Toyota knew about the potential acceleration problems for more than two and a half years before issuing the recall.
What is believed to be the first class action lawsuit against Toyota over the acceleration problems was filed in November 2009. In that case, two vehicle owners who experienced problems suggested that the floor mats were not the only cause of the sudden acceleration, alleging that Toyota failed to correct a problem with the throttle control system. The plaintiffs claimed that the original design for the system, known as the ETCS-i, included a safety feature that would have put the engine into idle mode in case of unintended acceleration. However, Toyota allegedly decided to sell the vehicles without the feature in 2001.
In late November, Toyota updated their prior floor mat recall to indicate that they will replace the gas pedals on the Toyota and Lexus vehicles that were part of the initial recall. The company indicated that the gas pedals will be shortened on some models and that the floor surface beneath the pedal will be reconfigured on certain models. New brake over-ride systems were also included as part of the corrective action, designed to address the problem of some vehicles not stopping when the accelerator and brake and gas pedals are pressed down at the same time. Toyota indicated that the override feature will be standard on all future models.
Earlier this month, Toyota issued yet another recall for 2.3 million Toyota vehicles, including 600,000 that were not subject to the prior floor mat recall. The company indicated that they discovered that the accelerator pedals may stick on these Toyota vehicles, which included the Camry, Corolla, Tundra and other models. The accelerator pedal mechanism was found to mechanically stick in a partially depressed position or return slowly to the idle position in some circumstances.
This week, Toyota took the rare step of halting production and sales for eight different models of vehicles with the gas pedal problems. The action was taken until a fix for the defect could be finalized.
In the wake of the continuing Toyota accelerator problems, a growing number of lawsuits continue to be filed on behalf of vehicle owners or family members of those who died in a crash when their Toyota vehicle accelerated out of control. According to a report by Bloomberg News, there have been at least seven individual lawsuits against Toyota and three class-action suits filed so far.
Last week, Joseph Hauter, of Los Angeles County, California, filed a Toyota gas pedal lawsuit against Toyota Motor Company in federal court in Santa Ana, claiming that his 2008 Tundra pickup accelerated out of control while he pulled into a service station
Among the Toyota wrongful death lawsuits filed is a case brought by the family of a woman who was killed in April 2008 when her 2005 Toyota Camry allegedly sped out of control and crashed into a tree at 80 m.p.h. Another case was filed on behalf of a woman who was killed in an accident in September 2007 when a friend lost control of a 2005 Camry.
Comment by FED UP on 29 January 2010:
Honda has just issued a recall for defective window motors that in one case seriously burned an innocent child. Wake up america the chinese and the japanese hate us. How many defective products from these countries do we have to put up with, how many Americans have to suffer for there corporate greed. If you own a late model Toyota now is the time to dump it and buy AMERICAN, that Toyota will not be worth anything in 6 months
Comment by Jamie on 29 January 2010:
I owned a 2009 toyota camry se and I replaced it with the same exact model after I totalled my care one month after the purchase.
I chalked my experience up as a at fault accident. I did not understand why my car did not stop but I was sure that my brakes or tires were not bad on a brand new vehicle. I bought a 2009 in Dec 2208. Total loss date was 1/29/09.
I was driving on a street (two kids in the back seat) and I saw the truck in front of me but when i pressed the break my car did not stop. I told the officer that I did not know why my car wouldn’t stop. I think he thought that I was crazy. I couldn’t believe the damage due to what appeard to be a fender bender. My front end was messed up terribly.
We were all in seat belts THANK GOD and we were all shaken up. I think my accident may have been related to the acceleration concerns.
Comment by Edi on 29 January 2010:
If Toyota knew about the potential danger of this problem before 2009, why did they continue selling these cars instead of halting sales as they have now done. Media exposure seems to be the factor behind their sudden “concern for their customers.”
Comment by charlotte on 29 January 2010:
I was given a 2010 Camry by Progressive, through Enterprise just last month and I got into an accident. I told them that I mustve just not been paying attention, and that is was a new car and I wasnt used to it and that I was going too fast. I rear ended a guy who is the person who told me about this recall. Neither Enterprise nor Progressive told me anything about this… Even though my statement was myself at fault should I persue an investigation into this recall causing my accident?
Comment by michelle on 29 January 2010:
I had my accelerator stick on Monday 1/25/10 at about 7:45 in the morning on my way to work and called the dealership to get my car fixed. I was very frightened by the experience and was afraid for my life. The accelerator stuck for about 45 seconds and I threw it into neutral and put on the brakes. Luckily with the movement from my feet and the grace of God, it became unstuck and went back to normal. It was redlining the engine though to 7-8 RPMS while it was in neutral and may have caused damage to the engine. When I got to work, I immediately called Stadium Toyota and the operator said that it was most likely my mat and to call an 800 number about the mat recall. I started to do some research and found that last week there were a couple articles about the accelerator recall and became increasingly concerned for their lack of concern as well as not offering proper advice or solutions.
Shortly after that I went to the Brandon Toyota dealership on Monday 1/25/10 at 12 Noon and was told that it was most likely my mat. He said that there was nothing he could do to help me. I have called the main Toyota line numerous times and sent them emails. I have also called the Stadium Toyota dealership numerous times and left multiple messages with no return calls. I went into Stadium Toyota yesterday 1/28/10 at 11 am and spoke with a service advisor and he said there was nothing they could do. I am trying to be very careful when I am accelerating and am ready to put the brakes on and in neutral if this occurs again.
I feel very unsafe and I hate driving it, but I have no other vehicle and have to go to work. I drive about 20,000 miles a year and have 65,000 miles on it to date. I was caught in a flash flood in July 2009 and had to have the engine replaced due to water damage which I am finding my be contributing to the acceleration problem. I am very frustrated and scared to drive. I knew about the floor mat recall and they sent me a letter advising me to take out the mat back in the fall of 09. I have the pegs that hold the mat in place though and was assured that with the pegs in place and the mat attached, there would not be an issue with the mat still being in the car. The mat is still in the car.
Please help.
Comment by Loretta on 1 February 2010:
I purchased a used toyota 4 runner and 3 months later it reved up and took off on my husband who took it to Barrie Toyota and they knew abotut the problem but unless it sent problem codes they could not do anything. 3 months later i was stopped at a light 3 rd car back and it reved up and the brake could not hold it and and it took off and went under the car ahead of me. 17,000.00 damage to my car and we flat bedded it back to Barrie from Orilia and they did something to it and it has not acted up since. what year was this 2005 yes they have know since then…… my insurance paid and i am still paying… I did not contact a lawyer as they said it was a random problem…
Comment by Charlie on 2 February 2010:
I read a lot of these comments an all I have to say is that half of you are a joke just sheep being lead to slaughter.
If you listen to what the problem is the pedal is slow to return which would be it is closing the throttle so even if your pedal returned 50% an say it did get stuck your car would deaccelerate.
Half of these stories are people who made mistakes driving or people looking for free handouts. I would bet money half of the people stepped on the gas pedal instead of break like an idiot an heard about this recall an now have the placibo affect an have convinced themselves the recall is the reason it happen.
The part in the Toyota is also in Nissan GM Honda Ford Mitubisi an many other cars but if you dont do your research you wouldnt know that.
If you know someone who owns a pontiac vibe their vehicle is made in the SAME factory as the matrix but you dont see Vibe customers complaining because it wasent all over the news. Give me a break an stop looking for handouts.
Comment by joe on 2 February 2010:
I just had to replace the “control Module” on my 98 lexus.
$700 to repair, accelerator would just stop working, then
kick in suddenly. A little unsettling when you are going
70!! I’m sure not to good for the engine too!!
Comment by Clint on 2 February 2010:
I believe that I was mis-lead when I bought my 2008 Toyota Trundra knowing that the dealership knew about this problem with the gas petal and did not inform me or care to fix the problem. They were only interested in making a sale and scamming the customers at Roger Motors in Lewiston, Idaho
Comment by MARGI on 2 February 2010:
I have had Toyotas my entire life and at this point I now own 3. 1998 Toyota Corolla, 2001 Corolla and 2008 Camry that I just purchased 12/21/09. I was NOT advised about a recall. The sales man told me the day AFTER I bought my car that my floor mat for the drivers side was in the back floor board and he was not allowed to put it in the car but I could. I thought this was odd so I looked my car up on the internet- which i thought i had totally reasearched before buying and found the floor mat recall. I thought that was b.s. but now I’m scared to death to drive a car which i previously loved! Why were we new purchasers not informed? I think we need to have our loans paid for, give our cars back and be able to purchase a safe car which I thought i had done. Toyota has put my life and the lives of my family in danger. Very interested in class action b/c now my car is worth nothing.
Comment by Yong on 4 February 2010:
I have owned a 2008 Toyota Prius since Nov. 2007. I drive it to work everyday. There are several small potholes at the entrance of my working place and I have to drive over them. Once my prius hits the potholes it wiggles left and right, jerks forward and tends to get out of control. I thought that might due to the light weight of the car since I used to drive SUV or minivan before. So I slow down to 10 mph to compensate the wildness. Despite the fact I still love my Prius until Dec. 26, 2009, the day after Christmas.
I was driving on a street with my wife and two kids in the back seat at 30 mph readily to cross an intersection with green traffic light on. I saw a car in front of me that stopped for a turning ambulance and pressed down the brake pedal completely. Instead stopping, my car kept going without slowing down and hit the car. Worst of all my car bounced back few feet then went forward and hit the car second time while I still kept the brake pedal down. Luckily no one get hurt. But the incident was recorded as an at-fault accident. The repair took more than 4 weeks and is very costly.
Seeing all the news about Toyota recalls, I am sure my Prius has either the acceleration problem or braking problem or both. Unfortunately I have to drive the same car to work everyday with nervousness.
Comment by Kim on 4 February 2010:
so what can we do? Can we take it back to the dealer or are we stuick forever with these cars? Can you stop payment maybe? I am scared, I have no idea what my right are and no money to get legal info, any know? thanks
Comment by L. Hurley on 14 February 2010:
Several years ago I was driving my 2006 Prius and the accelerator stuck twice in succession. had a very difficult time breaking, but the car eventually came to a stop. I went directly to the dealer who stated that it was the floor mats. I AM very skeptical that this was the case. I drive alot and this did not feel like a surge caused by an obstruction. I have traded the Pruis this week and am upset over the monwy lost due to premature trade-in.
Comment by Dave on 2 March 2010:
It appears that these problems have been know about for several years..did Toyota share this information with General Motors about the pontiac Vibe ? and if so was it hidden from the Vibe customers ? Persoanlly I never would have purchased my Vibe 10 months ago had I know of any of these problems..even with the “fix” I don’t trust this car, I will never loan or let anyone I love drive it or be a passenger in it..
Comment by laura on 2 March 2010:
I purchased a 2005 camry and each and every day i fear for my life. I cannot afford to have an accident with all of my injuries. I took my car into toyota when i noticed somethingweird about the brakes. i had my brakes replaced 4x and only have 116,000 miles and it still feels weird off and on. My key opener no longer works, they told me it’s the computer??? i would like to get rid of my car and get something else, is there a class action lawsuit to get involved in soon?
Comment by Marilyn on 5 March 2010:
Hello
I have a 2006 Toyota Avalon Limited that has everything on it you can imagine. I had the acceleration problem but I do not take it as the accelleration pedal sticks. My car had started to accellerates on it’s own without depressing the accellerator. I immediately hit the on and off button on the cruze control and this disengaed the accellerator pedal and went back to normal. I had not driven my car for a few days, and the cruze control had not been used for over a long period of time. I contacted Toyota and told them that they were looking at the wrong thing. Think about how your car works on the freeway when one uses their cruze control. Once it is set you take your foot off the accelerator and the cruze engages, and when you break the cruze control is suppose to turn off, and when you start to accellerated it re-engages. I think the computer chip is malfunctioning . I just got my recal notice to have the pedal fixed and I really do not want to have it done because I do not feel it is the problem. People who have had the recall done are saying it did not fix the problem
Comment by samantha on 7 March 2010:
omg i bought a 2009 corolla and the same day i bought it i was on the highway and was trying to stop the car because i saw people breaking and i was only doing 20 mph and the car would not stop and just like the other lady i had my son of the car and bang the front of my car was tore up badly and nothing visable the the acura i hit the guy was pissed . the second time i was driving in the car again with my son in the car something told me to stay 3 car length from other cars i heard a noise this time i said omg this car aint gonna stop and it didnt i had to pull the emerg brake up me and my son is a nervous work i dont drive precautious i drive paranoid now even though i got rid of the car its not right how they toy with ours livees
Comment by Emma on 10 March 2010:
My blasted 2007 Toyota Corola speeds down the highway,no matter on what road.i drive on i have to ride the brakes to slow it down. I `am fed up with this blasted car. i already paid a$140.oo ticket for it`s speeding. It does it in overdrive . Emma Rohrbach
Comment by Evelyn on 11 March 2010:
i took my 2008 toyota Camary shortly after i got it back to the dealer and complaint about the gas pedal and I got a oil change i call my attorney and he requested for me to get a copy of that work order I call Toyota price on rt. 13 New Castle , DE they stated that it was nothing on my vehicle work history about me bringing my veh for that comlaint WTH is TOYOTA distroy my paperwork and deleted that work order? crazy but true…… what can I do now other than get the recall new petal instal WOW