Toyota Accelerator Problems Result in Class Action Lawsuit

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Two drivers in California have filed a class action lawsuit against Toyota Motor Corp. over design defects that may have caused over 2,000 Lexus and Toyota cars to suddenly accelerate out of control. The problem has reportedly resulted in at least 16 deaths and 243 other injuries attributed to sudden acceleration of Toyota or Lexus vehicles.

The Toyota class action lawsuit was filed by Seong Bae Choi and Chris Chan Park of Los Angeles in Riverside County Superior Court last Thursday. Choi is the owner of a 2004 Camry, and Park is the owner of a 2008 FJ Cruiser. Both say they, like other Toyota and Lexus owners, experienced sudden acceleration problems.

The complaint comes after a Lexus and Toyota recall issued on September 30, involving 3.8 million vehicles. Toyota claimed that the vehicles could experience sudden acceleration due to defective driver’s side floor mats, which can cause the accelerator to stick. However, the new class action lawsuit alleges that Toyota has failed to correct an issue with the throttle control system, indicating that the floor mats are not the only cause of the Toyota accelerator problems.

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Choi and Park allege that some of the blame for the sudden acceleration involves the electronic throttle control system, known as the ETCS-i. They say that the original design for the system included a safety feature that would have put the engine into idle mode in case of unintended acceleration. However, the company allegedly decided to sell the vehicles without the feature in 2001.

The lawsuit, which seeks class action status for all owners of affected Toyota and Lexus vehicles, calls for a recall of all models with the defective ETCS-i.

The National Highway Traffic Safety Administration (NHTSA) previously rejected a similar request by some vehicle owners to investigate the system, according to a report by Bloomberg News. In a federal register notice published on October 30, NHTSA officials said that the only defect that accounted for the acceleration problems with Toyota and Lexus vehicles were the floor mats being out of position or inappropriately installed.

Investigators from the NHTSA began investigating reports of sudden acceleration in Toyota and Lexus vehicles in 2007. In addition to causing uncontrolled acceleration, when the gas pedal was jammed under the mat, investigations found that it also reduced the effectiveness of the vacuum power assisted brakes. The reduced effectiveness of the brakes increased stopping distance from 200 feet to more than 1,000 feet, and increased the amount of force required to fully apply the brakes from 30 pounds to 150 pounds.

The September Toyota and Lexus recall involved more than 3.8 million vehicles, including 2004-2009 Toyota Prius, 2005-2010 Toyota Avalon, 2005-2010 Toyota Tacoma, 2007-2010 Toyota Camry, 2007-2010 Toyota Tundra, 2006-2010 Lexus IS 250 and IS 350, and 2007-2010 Lexus ES 350 models. Owners have been told to remove the driver’s side floor mats until a permanent fix can be found.

The recall was prompted by a high-profile accident in California, which killed an off-duty state trooper and three family members in August. Investigators determined that the fatal crash occurred after the gas pedal on a Lexus ES 350 became caught on the edge of the floor mat, causing the Lexus to accelerate to 120 m.p.h. before falling off an embankment, rolling over multiple times and bursting into flames.

Minutes before the accident, passengers in vehicle called police and reported that the Lexus was accelerating out of control, and witnesses reported that the car’s tires were on fire, which was likely caused by the driver slamming on the brakes.

Tags: Accident, California, Lexus, Toyota, Toyota Rollover
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231 Comments

  1. JOAN

    In September 2010 as I was parking my car and just about stopped in a grocery store parking lot my car suddenly went out of control and hit a a car that was about two feet in front of me pushing it back about five feet, I put it in reverse and it shot me back five or six feet. Toyota has denied everything, they haven’t even answered my last letter. My car had only 4600 miles on it. I want some answers and my car recalled.

  2. Miss Caren, SC

    All I have to say is 2002 Toy Avalon w/ 32K miles almost killed me. I was driving home down a block that is no longer the 3/4nl when the car started pushing me to the right and out of nowhere started accelerating to an uncontrollable speed. I split btw 2 poles and could not stop the car. It drove me approx 5ft into a 4 ft ditch. Car was completely totaled, I have multiple serious injuries from disc herniation to severe nerve damage throughout my body. The car still sits in a yard in NC where they brought the car to be examined by my mechanic, toyota rep and insurance company is supposed to find out what happened to this out of control vehicle. I have gotten no response from toyota, my insurance company is not doing the right thing and not paying for my health care services or prescriptions that total over $700 a month. I had just moved here when all this came about, got a job, was in training but since this car(let’s call her Carrie) ruined that for me. I still ever month fight for PIP, toyota to return over thousands of dollars of my belongings that was never recovered from my vehicle before they hauled it to NC.

    Why am I telling you all this? I almost died. Someone should be held accountable for my life falling apart. I am emotionally, physically and mentally not right. I was married just prior to the accident and it has had a great impact on my life as far as my career and husband goes. I was always happy go lucky and now if I get out of bed at least 3-4 days per week is a lot.

    Now I know nobody is perfect but lives are at risk here. Mine has been taking from me right before my eyes. I called toyota when I realized my Vin # was part of this recall and basically was asked what happened and I never heard from them again.

    I am residing n the Summerville/Charleston area and am seeking advice on what I should and need to do to regain some of my life back.

    Thanks for reading and drive safe.

  3. larry

    i have a 2005 toyota camry v6 le

    i have had a problem with the brake and gas pedal being to close
    together and i have accelerated when tring to hit the brake
    when tring to free my foot to hit the brake my foot gets stuck under
    the brake pedal i have had to shut off the engine and use the
    emergency brake to stop i mentioned this to my dealership and they
    say there is nothing wrong

  4. Carly

    I bought a 2005 Camry this past August and noticed a weird hiccup when I applied the breaks a few times over the past months. Today when driving my car to work, I applied the break to stop at a toll and while the break was applied the car seemed to lunge forward for a second. On my way home from work today, I applied my breaks again because there was traffic on the bridge and my car jerked forward for a few seconds and almost hit the car in front of me before stopping. I am really scared driving this car right now. Does anyone know who I should contact and if there is anyway to get this fixed?

  5. Verdie

    My Toyota Camry surged and caused me and my daughter bodily injury and totaled the vehicle. After callling Toyota they dropped the case until it was to late to recover the black box.

  6. Florence

    I was in an accident on 7/27/2011. I was driving a Toyota Corella & I was @ fault, I hit someone from the rear. I am 71 yrs. old, small body frame, weighing 107 lbs. The airbags deployed striking my chest & hitting my L shoulder,substantially, the R shoulder less traumatic. I am unablble to have full range of motion, nor can I lift anything over 5 lbs. without causing exchuriating pain in my left shoulder area Could this have caused a rotater cuff injury shoulder to my forearm. Could this. Can I be helped or not the pain is driving me nuts, I can’t get out of bed in the AM without pain in the effected area & my back. I can’t stand the pain. Is there a posssibility that I can be helped

  7. douglas

    i have a 2010 toyota tundra its like new 6500 miles factorycliled nown mats . thank god i coast in to toll booths and always leave a lot of room between me and the car i am stoping behind because all of a sudden with my foot on the brake hardly moving the moter reved up like some one stomping on the gas pedel i am 260 pounds and work out at the gym . the back wheels smoked from the tack up around the pumping out 400 horse range nodamage was done no one was hurt . but i can just imagine how many children that will not be making it back to school after there summer vacation if any one needs me to tell my story in court feel free to get in touch with me.

  8. maria

    my2005 toyota solara also has throttle system problems. In may case, the component is defective and my car will not accelerate past 20 mph. It is clearly a defective feature by toyota and very negligent on their part. toyota will not fix my vehicle for free because it is not on the recall list and says they only have recall with the pedal problem not the throttle system. Shame on toyota. It is so sad to read so many comments about the safety problems with toyota. I will not buy toyota again or any car with this type of mechanism for accelateration.

  9. Theresa

    I purchased a 2012 Corolla LE May 13, 2012. On May 15, 2012 I was driving with proper distance between me and the car in front of me. Suddenly I heard tires screeching ahead and noticed that the car in front of me had stopped. I immediately applied my brakes and then the car accelerated full speed ahead. I know that I had ample space to stop because after the car would not stop, I applied my emergency brakes to try and stop it, but it continued and crashed into the rear of the stopped vehicle in front of me which caused it to be pushed into the car that it had stopped to for. The car in front of her was trying to merge. I could not understand what had happened. I knew that I had applied the brakes and emergency brakes, but no one believed me and therefore I was ticketed. I told my insurance adjuster what had happened and she just said “looks like from what you have told me, you were at fault and we will be paying this claim.” I have never to this day admitted fault nor have I paid the ticket. I was nervous about driving after that and no longer wanted the car. I told the dealership how I felt and asked if they could cancel the deal and pick up the car, but the said that they could not and that unfortunately, the car was mine. I am 64 years old, and this was very traumatic for me because I know that I was not at fault in this accident. I could not rest and just let this go, so about three weeks ago I decided to check the internet to see if anyone else had had similar problems with acceleration. I was relieved to find answers, yet saddened to learn that this problem has caused so much pain and suffering to others as well. Something needs to be done. I got the car because it was a requirement for a new job, but lost the job because the car was in the repair shop with over $6000 damage for three weeks, which left me stuck with the car and no way of paying for it, which added to the stressful situation. The accident caused injury to the drivers of the other cars, but the car that I hit did not seem to have any damage, which I could not understand. My car was a mess, transmission fluid was leaking everywhere and it was smashed in. My insurance repaired the car, but then I noticed that on a few occasions, it still accelerated suddenly, and unintended. To make matters worst, it was raining fiercely one evening and the defroster was not working. I could not see and was so afraid. I had to keep working with it and after a while it was okay, then I realized on two occasions that the window on the driver side was not working properly. It was a hot summer day and when I got into the vehicle it was very warm inside, so I let down the windows to try to release some of the heat; when I tried to let them back up they would not work, whcih caused me to be afraid to let them down when the defroster wasn’t working (which happened again), because I was afraid I would get wet because the window might not close. The dealership sold me a demo as a new car. I learned this after the accident when I looked at my sales contract. The car had over 3000 miles on it and I was told that it was a demo vehicle and they gave me the lemon law booklet to read, yet my sales contract listed the car as a new vehicle even though there was a box to check off on a demo. I need justice. They picked up the vehicle a couple of days ago and I have not heard from them. I am so tired of all the injustice that goes on in this world, especially in Jacksonville, FL. This is not the first time that I have been a victim of someone else’s negligence in this state. I am tired and something needs to be done. My health, credit rating, and the lives of those that were involved in the accident have been greatly affected, and I want Toyota to take responsibility for their product and poor service by their salesmen and dealerships.

  10. Theresa

    I would like to file suit against Toyota for the acceleration problems that caused my accident on May 15, 2012 while driving the Toyota Corolla that I had just purchased two days prior. This car accelerated at a great rate of speed even though I had ample distance between myself and the car that had suddenly stopped ahead of me. When I noticed that the car had stopped, I applied my brakes and the Corolla kept moving forward. I then applied the emergency brake (which proved that I had ample distance between me and the other car, otherwise I would have crashed before thinking about applying the emergency brake). After applying the emergency brake, the Corolla accelerated full speed into the back of the stopped vehicle and pushed it into the car in front of it. I was absolutely not at fault in this accident, and need to file suit against Toyota. I was hospitalized due to emotional distress. My blood pressure was so high that it was not reading on the monitor and they had to check it by arterial blood gas. My two sons were in the car and witnessed the whole thing, yet the Jacksonville Sheriff officer who was not present at the time of the accident, ticketed me even though I explained how the car accelerated. According to him, in Florida if you hit someone from the rear while driving, you are automatically at fault. I need a lawyer badly, because this is so unfair.

  11. Tatiana

    I would never put my feet on a Toyota pedal ever again! I was driving on Brooklyn Bridge, towards manhattan, when suddenly my toyota Avalon 2006 start accelerating the speed. In matter of seconds it went from 35mpg to 70mpg, I forced the brakes ( it caused a fire) and put the car in Parking. The rmp on the dashboard went up to 7 ( red zone) . I turned off the car and called a tow truck. Smoke was coming out of everywhere , and u could smell burned brake fluid . I took it to the shop and they said there is no problem with the car. I’m terrified to drive it now. And it wasn’t the car mat, because I was able to stick my feet under the pedal , and it was in normal position .

  12. Prakash

    I had an accident in my Toyota Camry 2009 on 02/08/2013, possibly with the same vehicle malfunction ( brake failure/acceleration ). Luckily no injuries. These cars are not safe to drive. I am not driving a Toyota product again.

  13. Glynis

    Today I experienced the most terrifying feeling in my life. I am a home health nurse and I was driving my 2010 Toyota corolla fleet care and I was slowing down for a top light when suddenly as I was applying my break the car revved up amps registering 7 and my car lunged 2-3 times hitting the back of a van. I am now terrified to drive my work car.

  14. Ernest

    I have had problems with the door of my van and the acceleration is dangerous. Cruise control gets stuck

  15. May

    Two weeks ago I parked my car (2006 Avalon) as usual in my designated parking spot at my apartment. I was at a complete stop and when shifting from D to P, with my foot on the break, suddenly the car accelerated forward and hit the wall of the apartment. I wasn’t hurt and no one else was hurt either, but the car damage was over $4,000. I told the Toyota people only to have them to tell me to call their HQ’s customer service and report it to them. This is a dangerous car model and year. Please let everyone know that this can also happen to you and to be very careful. If someone had died in this situation, it would have been a tragedy. But the real tragedy is the fact Toyota won’t admit it has real problems with some of their cars and one would have to retain a lawyer in order to sue Toyota, and I doubt it would get very far… they have corporate lawyers that usually protect Toyota. So just please be careful if you have a 2006 Toyota Avalon.

  16. Svetlana

    I almost parked my TYOTA Camry 2010 in parking lot on March 11 2013 – speed was just above 0 – all of suddent car start running by itself into a wall with a huge speed – i didn’t expect any of this so wasn’t able to apply a break on time – car smashed into a wall of a parking lot and stopped by it, air bag didn’t open- i hit windshield glass so hard that its got broken by me. However, since I’m OK and only end up with scratches I have a problem to find an atorney to take my case to sue TYOTA for negligence to fix the problem. I”m affraid to drive this car after repair nor have money to replace it or excange it – would like to join a class action lawsuit against TYOTA.

  17. Mehmet

    I had twice brake accelerator accidents with the same 2009 Toyota Corolla vehicle. First one happened in March 2010 and I paid over $1,500.00 repair costs for the vehicle. The second one happened on 8/10/2012 while I was parking the vehicle in the parking lot of the hotel in Dearborn Michigan. Instead of slowing down the car started accelerating when I was braking the vehicle. The vehicle hit the back glass door of the business next to the parking lot of the hotel and had over $7,000.00 damage on the car and I had no full insurance and they want me to pay for the repair costs even though it is defective car. The inspector Carl Lewis hired by Toyota Company inspected the vehicle in 2010 and in 2012 after the accidents and of course he found no problem in the car since he gets his inspection fee from Toyota company. My friend in the second accident was injured and we had to stay at the hospital all night. I want my money back from this junk defective Toyota Corolla. I am using rent car and paying thousands of dollars for the car rental and the vehicle is waiting in the Page Toyota in Southfield Michigan. Is there a justice in this country. I want my money back and my car rental expenses to be refunded to me. Help.

  18. Tracy

    I experienced sudden acceleration with my 2003 Toyota Camry in April 2012 while parking along a narrow street. After making a k-turn, I straightened the car to park behind a van and upon acceleration to move 10-12 feet up behind the van, the car surged forward. I clipped the left rear bumper of the van and the front right side of the Camry was smashed with the impact. Insurance totaled the car, with no accountability by Toyota for the surging issue. This “accident” also was marked against me with my insurance. I would be very interested in any class action lawsuit against Toyota for the surging issue.

  19. Wanda

    On 04/19 my 2012 Prius unexpectedly accelerated with such great force that it hit a barrier 3 times before it stopped. The dealer told me the was nothing wrong with the car. A supposed unbiased person, also examined the car and also told me there was nothing wrong with it. This inspector could not tell me who paid him for the inspection. Now the dealer tells me to come and pick up the Prius. This is a dangerous car an no one should driver it until the problem is found and corrected.

  20. Teresa

    On April 15, 2013 while parking my 2003 Toyota Highlander, all of a sudden my care accelerated while shifting from reverse to drive while I was parking. Suddenly my care took off with the engine full speed to red line on the tachometer in a spece of four feet it jumped the parking block and smashed into the center block wall with ny foot on the brake. The repairs to my car was $2000.00. This was the second time my care accelerated while I was parking, first time no damages to my car. Now I am scared to drive my car. Is there any form I can get from Toyota to complain about this?

  21. Michelle

    On August 15th 2013, my 2004 Toyota Solara accelerated out of control as I removed my foot from my breaks, driving in bump to bump freeway traffic and my car just started speeding towards the car in front of me. I know I hit the car in front of me but was in complete disbelief… Thank God that it was a big truck, which I hit at full speed, or I would have landed into the mountain along the side of the freeway  I am very thankful I didn’t kill somebody or myself…

  22. Maria

    In the fall of 2011 and on November 14th, 2013, I was in two separate rear-end collisions of which I was “at fault” in my 2003 Corolla S. In both instances I was in city traffic, paying attention and going the speed limit as traffic was visible. After both accidents, I could not explain what happened and I was in shock, because I couldn’t understand how they occured. Both accidents cause severe body damage to my vehicle, but thankfully the people in the cars in front of me were not injured nor was the repair major for them. The last accident managed to total my car, air bags were activated and I broke my wrist for which I’m still receive occupational therapy. I wish I’d known about this lawsuit, then I wouldn’t have beat myself so much for being in those accidents. Do I have any recourse now, I was not aware of this suit.?

  23. kelechi

    I have a toyota corolla 2011….As i try to park on our parking lot and i try to stop it, it went out of control and ran over the curb and turn upside down, right now i am receiving treatment. I seriously need a lawyer, who can help me fight my case

  24. Sara

    I have a 1995 Toyota Camry which I have owned for about 11 years. This morning, as I was approaching an intersection at about 25 mph, my car suddenly accelerated, taking off as if I had floored the gas pedal. Fortunately for myself and others, I had the green light- had it been red, an accident no doubt would have occurred. I depressed the brake pedal with all my strength and even turned on the parking brake, but the car would not stop. Fortunately I remembered to shift to neutral and guide the car to the side of the road and then turn off the ignition. My car is at the shop right now and they are trying to figure out what went wrong. There are no obvious signs of anything- throttle looked fine, and the gas pedal itself was not hampered by a floor mat or anything like that. So scary! I will report back when I receive a diagnosis from my mechanic!

  25. Tracey

    I live in Georgia purchased a 2008 Toyota Corolla in 2007 and I myself have noticed accelerating issues that would happen while my vehicle was in park. Haven’t had any episodes to where it accelerated out of control YET! but it’s really starting to scare me. And reading this stuff I’m reading I’m afraid it will happen I mean if it’s doing it very slightly now I’m sure it will get worse!. It’s only happened like 4/5 times since I’ve I had it. Just really didn’t know what to think about it at the time. when I heard at one time that it could be my floor mat I’m lm like ok it’s my floor mat Toyota had claimed. well now iam so sure it’s not. And it’s starting to happen more frequently it happened last month and this month to where before they were far apart. I don’t know what to do. And from what I’m reading no need to take in to Toyota for them to fix it at their expense, since it is their problem because they are not going to do anything about unless I PAY for it when it should be at no cost to me. would it be any use in talking to a lawyer? Just wrong I will never buy another Toyota again!!!!!! shame on you Toyota!!!!

  26. tricia

    I was parallel parking my Toyota Highlander 2001 last night and all the sudden it surged forward at a high speed hitting the car in front of me hard and damaging the bumper despite my attemps to hit the break and stop it. I then put it in reverse and it surged backward at a high speed completely destroying the front bumper of the car behind me despite my attempts to brake and stop it. I put it in forward and the same thing happened again then i put it in drive, spun forward and then spun straight back into the sidewalk and somehow was able to stop it before speeding into the concrete steps of the apartment complex.

    The cop heard what had happened and although he could tell i was not under the influence of alcohol, he thought that I must have been on some kind of drug.

    I want to take action now legally and not have my insurance rates go up and have the problem and the damage caused by it on my own car fixed.

    Anyone know what the best course of action that does not require much money?

  27. Gerald J.

    2000 Totota 4Runner purchased used after investigation with previous
    service records and history from new..
    with less than 300 kilometers since purchase date, stopped behind Chevy truck which was also stopped waiting for traffis to clear before proceeding , with 8 to ten feet between us , both at full stop, out oif nowhere my 4Runner started to move rapidly, i did not realize what was happening other than i was moveing, BANG , the damage is about 5000 7000 damage.I learned to drive when i was 15 years old in the army cadets , i have owned 26 different vehicles and this has never happened
    ever.

  28. Jeanne

    I have a 2007 Toyota Corolla purchased in 2007 and have had accelerator problems. Several times while sitting at a red light with foot on brake it lunged forward. I believe last year or year before I pulled into my condo parking spot and when I went to “P” it (with foot on brake) it accelerated over the curb, through the bushes and trees and finally was able to stop it in the street. Fortunately I didn’t hit anyone. Immediately called Toyota. A rep. came to check the car and said there was nothing wrong. (note that the car mat was in place). August 8 at 7:45pm I once again attempted to park the car. The car then accelerated again in the previous direction. It wouldn’t stop until it T-boned a parked car. This is my first accident & claim on insurance in 50 years of driving. It is also the first ticket I received. I am 70 yrs. old. I did receive skin tears with bleeding (still bleeding today, Aug 10). Also, my air bags never deployed. After calling the insurance the next morning, I called Toyota and explained the circumstances. I was told the mechanics were on strike & I couldn’t get an appt. This car is going to kill me or worse yet other people and Toyota just doesn’t car. The police & paramedics even said it was probably me stepping on the gas pedal instead of the brake. Not so, I even glanced down to make sure I was on the brake. I have a neighbor who also heard the squeeling of brakes. Hope this can be handled. My car is in repair now.

  29. John

    Jan 24, 2020. 2004 Lexus ES330
    I was backing out of a parking spot at work. Noticed the front right wheel was against the curb. With my foot on the brake, I put the car in Drive, car took off over the parking curb, across the sidewalk and into a light pole. All while I was applying the brake firmly. After I stopped, I put the car in Reverse, the car took off again with a ‘hard acceleration’. I went `30 feet in reverse and hit a persons parked car. Lexus has sent the investigator and he gathered all the info. It will be close to two months before I get the results, but in reading cases on this page, https://www.aboutlawsuits.com/toyota-accelerator-problems-class-action-6825/, I think I know what the answer will be. How can I/we get someone to listen? I just need the car fixed, the damage corrected and paid for and my insurance not to hold me at fault. I will update with any and info I receive going forward.

  30. Linda

    On or about 2:00 p.m. 10/25/21, returning to my condo parking lot after grocery shopping, I was pulling up to the curb at my parking space when the car suddenly made an almost explosive surge, hurtled up the small, steep hill that borders the lot, and crashed into a large tree. The incident happened so quickly (about 3 seconds) I did not have time to hit the brake.

    Fortunately, I had my seat belt on and was not hurt at all. The air bags did not deploy.

    I made an insurance claim for damage to the vehicle. However, even though I explained what happened and that there was no indication the curb was hit or any traction marks on the hill, the adjuster refused to come to the scene (only a deep rut by the tree), he indicated it was an “at fault” accident in which I lost control of the car.

  31. Susan

    This past week I was parking my 2021 Lexus ES 300H when it suddenly surged. Braking was impossible and I smashed intro a low concrete block causing more than $11,000 of damage to the car’s front end and radiator. Has anyone else had a problem with this model Lexus?

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