March 8, 2010

Toyota claims acceleration problems aren't caused by electronics

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As Toyota continues to come under fire from federal safety officials for potentially dangerous manufacturing defects, the automaker has presented evidence that it says shows the sudden acceleration problems is mechanical and not an electronic glitch.

Recently, officials have become concerned that faulty electronic throttle controls may be at the heart of the problem that has reportedly caused numerous fatal car accidents. Some investigators have even recreated the glitch in a lab setting.

Toyota claims that the scenarios that were recreated in the tests are not plausible in real life and are the result of tampering by the investigators. They claim that relying on those tests could set back the investigation and distract from the real problem.

After a fatal SUV accident in California last year was caused when the vehicle began accelerating wildly, the automaker blamed the incident on driver's side floor mats getting caught on the pedal. Only after many more reports came in did the automaker admit that the problem was a defect in the gas pedal mechanism. Toyota has recalled more than 8 million vehicles since last fall and made repairs that is says will fix the problem. Recently, though, dozens of reports have come in from car owners who have had the recall fixes done but are still experiencing the acceleration problem.

Dozens of wrongful death lawsuits, personal injury lawsuits and product liability lawsuits have been leveled at Toyota so far. A recent Associated Press report says that the automaker stands to lose billions of dollars if the suits are successful. Hopefully the investigation by federal officials and pressure from the lawsuits eventually leads to a clear diagnosis of the problem so no more lives are lost.

March 4, 2010

Toyota recall fixes not working, some drivers say

More than a dozen reports of sudden, uncontrolled acceleration incidents have been sent to officials concerning Toyota vehicles that had supposedly been fixed under the massive recalls of the past few months.

According to an AP report, at least 15 people have had sudden acceleration problems, though no indication was given as to whether these incidents resulted in a serious car accident. At the moment the reports are unconfirmed, but the National Highway Traffic Safety Administration is following up with these drivers to determine if a dangerous vehicle defect exists even after being repaired under the recall guidelines.

This announcement will surely come as a blow to the auto maker, which is looking to move past this whole episode with an aggressive advertising campaign designed to regain credibility.

Toyota, for the moment, is standing by their recall fixes and has sent investigators of their own to check out these new claims. The company has been on the defensive this whole process, constantly changing the diagnosis for the acceleration problem. First they claimed the problem was misplaced floor mats or driver error, then they admitted the problem was likely in the pedal mechanism. Now the concern is that there are problems with the vehicle's software systems, though Toyota has denied these claims.

The NHTSA says that 52 people have been killed in car accidents related to a sudden acceleration glitch, according to the Associated Press report.

February 25, 2010

Toyota President apologetic after being questioned by Congress

Members of the United States Congress held two days worth of hearings this week that including a question session for the head of Toyota, Akio Toyoda.

The Federal Government has gotten involved in investigating the vehicle manufacturer after thousands of reports of potentially dangerous vehicle defects leading to instances where Toyota vehicles have accelerated uncontrollably. As many as 39 deaths have been reportedly linked to the acceleration problem.

In the question session, Toyoda was apologetic and sorry for any accident that Toyota owners have had. He even admitted that some problems may have arisen because of the company's extraordinarily rapid growth over the last decade.

Toyota is Japan's largest company and also the world's largest automaker.

Toyoda refuted the claim that electronic system errors in Toyota vehicles were to blame for any of the fatal car accidents. When reports of the sudden acceleration problem first became national news, the company blamed misplaced floor mats that caught on the accelerator. As the months wore on and reports from all over the country began to stream in, the automaker expanded its recalls and admitted that part of the accelerator mechanism itself was the problem. Now, as the company has recalled nearly 10 million vehicles, concerns are arising that the computer systems that help control cruise control and other vital operations are faulty.

Hopefully investigators can get to the cause of all these incidents before we have more serious crashes. Toyota also needs to be held accountable if they knew about potential problems and didn't act to fix them before people were hurt or killed. When a company negligently sells a dangerous product, it falls under the area of product liability law. If you believe that you have been injured by a dangerous product defect, you should consult a personal injury attorney as soon as possible.

February 16, 2010

Toyota recall update

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It seems that as each week goes by, another complaint is lodged with Toyota and another round of recalls is issued for a potentially dangerous design defect. The total number of vehicles affected by recalls has risen to 8.5 million. To put that in perspective, Toyota sells about 2.3 million vehicles in the U.S. every year. It appears news for the auto manufacturer is not getting much better as the U.S. government has asked the company to hand over recall documents at the same time as a flood of new complaints rolls in.

The Transportation Department has demanded that Toyota turn over documents relating to the recalls that would demonstrate when the company found out about the potential dangers. Officials are looking to see if the company delayed publicizing the news after learning about the potential flaws and dangerous mechanical failures. If the company knew about problems and failed to warn drivers causing more fatal car accidents, the company could face serious consequences.

Toyota's response to the Federal Government's demands must be received in 30 to 60 days or the company could face fines. The Transportation Department is already considering fining Toyota for its handling of the situation.

As the government continues to put pressure on Toyota, more and more complaints stream in from average citizens. According to some reports, the National Highway Traffic Safety Administration has received word of up to 34 fatalities in the past decade connected to rapid acceleration issues. Nearly a thousand new incident reports have come in since the recalls went public and officials expect the numbers to rise. It should be stressed that these reports have not been verified or investigated, but if they are accurate, they will be evidence that Toyota's problems are much larger than first suspected when the first recalls were issued last year.

As if all that wasn't enough, the company has just announced it will be looking into a new reported problem: defective power steering in their Corolla models.

February 3, 2010

Pressure on Toyota mounts as DOT issues statement

Ray LaHood, the Department of Transportation Secretary, has issued a statement saying that drivers who own one of the recalled Toyota models should bring their cars back to their local Toyota dealers to have the cars fixed as soon as possible, according to a CNN report.

Some earlier reports had quoted LaHood as more sternly warning Toyota owners to stop driving the vehicles at all. LaHood later said this was a misstatement, according to the report.

Either way, the pressure on the car manufacturer has ramped up considerably over the last couple weeks over concerns that a dangerous vehicle defect in several of their models could lead to a serious car accident. Numerous reports have come in describing the accelerator pedal in some Toyota sticking and causing the cars to speed uncontrollably.

Toyota initially blamed the problem on improperly installed floor mats, but has since issued several more statements that indicate the problem may have to do with the actual pedal mechanism wearing down. Millions of cars have been listed in the recall and you should consult your dealer to see if your model is one of them.

The problem garnered national attention after a fatal car accident in California, but some are reporting that hundreds of rapid acceleration accidents have occurred with Toyota vehicles over the last decade. A report by Safety Research and Strategies Inc., which used data compiled by the National Highway Traffic Association among other agencies, says that as many as 815 crashes since 1999 may be linked to some sort of uncontrollable acceleration in a Toyota vehicle. 19 people died in those crashes and more than 300 were injured.

Toyota, or any other vehicle manufacturer for that matter, needs to be held accountable if a dangerous defect exists which could end up costing lives, especially if the defect is something the company has known about for some time. Toyota owners need to be diligent and look for signs that their accelerator pedal is sticking or returning slowly after being pressed. Contact your dealer and ask what they can do to fix your vehicle and don’t get behind the wheel if you feel unsafe at all.

If you have been injured by a vehicle defect in a Toyota or any other car, contact a personal injury attorney as soon as possible. Product liability cases need to be well documented and handled very quickly so don’t delay in having your case examined.

January 22, 2010

Chrysler to issue recall to address brake failure


Right on the heels of another large Toyota recall, Chrysler has issued a recall of their own involving more than 24,000 Chrysler, Dodge and Jeep vehicles over brake failure concerns.

A potentially dangerous product defect has been discovered by the company in which some vehicles could have faulty brake booster rod retaining clips or, in the case of the Ram pickup truck, the vehicle may not have the part installed at all. The clip is important for normal function of the brakes and the defect could cause brake failure and a serious car or truck accident.

The recall applies to some late model Sebrings, Avengers, Dodge Nitros, Jeep Liberty, Jeep Commander, Grand Cherokee and Ram pickups. Not every vehicle in each line is subject to the recall so if you own one of these vehicles, contact Chrysler or the NHTSA to see if it is involved in the recall.

According to a statement made to the NHTSA, the problems were discovered by company workers and the recall is not in response to any crashes or injuries caused by a mechanical defect.

Reports say that factory workers doing safety tests discovered that some of the vehicles with the defect had the potential to lose all braking power.

January 20, 2010

Toyota issues another recall

Toyota Motor Corporation has issued a recall for approximately 2.3 million vehicles sold in the U.S. due to the potential danger of sticking accelerator pedals causing serious car accidents.

Toyota has already issued a recall last year for vehicles that may have a defect which caused floor mats to jam the accelerator pedals causing the car to accelerate uncontrollably. This is also the fourth major recall by Toyota in the past two years.

The most recent recall is in response to a potentially dangerous mechanical defect that may cause the accelerator pedal to stick when pressed down. When Toyota issued the recall last year, it claimed that the rapid acceleration problems were caused only by mismatched floor mats, despite concerns that additional mechanical problems existed. This latest recall seems to confirm some of those concerns.

Vehicles involved in the recall include the 2010 Highlander, 2009-2010 RAV4, 2008-2010 Sequoia, 2009-2010 Corolla, 2005-2010 Avalon, 2007-2010 Camry, 2009-2010 Matrix and 2007-2010 Tundra.

Toyota will continue to investigate potential problems relating to the accelerator. It is unclear if this latest recall was spurred on by any recent car accident injuries or if the recall is just based on concerns arising from in-house product testing.

If you have any questions regarding your vehicle, contact your local dealer for more details.

January 7, 2010

Missouri woman killed in accident at car wash

Rosland Watson, 40, was killed and another woman was seriously injured Thursday in a Missouri car accident at a car wash in the city of Grandview.

According to a KSHB-TV report, the two women were were sitting on a bench waiting for their cars to be cleaned, when an out-of-control SUV struck them upon leaving the washing area. The SUV was being driven by its owner away from the washing area when it accelerated rapidly and jumped the curb.

Watson was pronounced dead at the scene. The second woman, whose name has not been released, was rushed to the hospital with serious injuries to her leg.

The name of the driver has also not been released, but reports are that he is cooperating fully with authorities as they try to determine whether this fatal car accident was the result of driver error or some sort of mechanical malfunction.

We have previously reported on rapid acceleration issues with Toyota and Lexus vehicles. Toyota has issued a series of recalls and statements after a few incidents and tests. One tragic case of rapid acceleration killed four people in San Diego last summer.

Authorities will no doubt be investigating the possibility that this latest Missouri car accident is the result of rapid acceleration caused by faulty manufacturing.

January 3, 2010

The role of accident reconstructions

The biggest question after a serious Missouri car accident is usually “Why did this happen?” Accidents can be caused by any number of factors including driver error, mechanical failure or weather conditions, to name just a few, and are often a mix of numerous causes. It’s important to learn the cause of accidents for a couple reasons. First, if we understand the cause, we can prevent the accident in the future. This is often the case when a mechanical failure causes a crash. The other reason is to determine legal liability. Accident reconstructions are used to help determine the cause.

An accident reconstructionist will use physical evidence and photographs of the crash site to map out the exact sequence of events that lead to a crash. Tire skid marks and debris patterns can, with an extensive knowledge of physics, tell investigators the exact path and speed of vehicles involved in a crash. Reconstructionists can also use this information to determine if any driving violations occurred or if the vehicles could have avoided the crash.

Forensic pathologists investigate the passengers and their vehicles to determine what exactly caused the injury. They will be able to tell if internal components of the vehicle contributed to the injuries sustained. It is here where we can learn of a dangerous defect in vehicle manufacturing that can be corrected to save others from a similar accident.

One way to prevent accidents is to use the civil courts system to hold people accountable for their negligent actions. Experienced personal injury attorneys can use the information gathered by accident reconstructionists to prove liability and recover damages for the injured party.

December 18, 2009

Harley Davidson issues recall due to fuel leak concerns

Harley-Davidson Inc. has issued a recall for more than 100,000 motorcycles manufactured in the last year because the danger of leaking gasoline after a motorcycle crash.

Specifically, the recall affects bikes manufactured from June 6, 2008 to November 19, 2009, including some touring models.

The problem occurs in front-end motorcycle accidents when stress is placed on the fuel tank. There is a chance that the fuel tank could rupture in this scenario, which could leak gas and ignite causing serious personal injury to the rider.

According to Harley-Davidson Inc., they are not aware of any incidents related to this problem, but issued the the recall voluntarily once the problem was discovered. As part of the recall, customers can have their bikes modified with braces on the gas tank to prevent the leaks.

Contact Harley-Davidson for more information.

November 6, 2009

NHTSA suggests that case is not closed on Toyota rapid acceleration issue

More information has come to light regarding a story we've been following involving possibly unsafe Toyota vehicles.

Federal regulators from the National Highway Traffic Safety Administration have issued a statement that certain Toyota and Lexus vehicles may have defects in their design that can lead to uncontrollable acceleration.

Toyota had previously issued a statement in response to a fatal August 28th accident that the driver side floor mats in some Toyota and Lexus vehicles can cause the gas pedal to get stuck if they aren't installed properly. This appeared to be the case in the fatal car accident in San Diego that killed four people when a mat designed for an SUV was accidentally installed in a smaller Lexus sedan. The Toyota statement seemed to imply that the floor mats were the only concern and that no other design flaws are present.

This may not be the case, according to the NHTSA, and some Toyota and Lexus vehicles may have other problems with the accelerator mechanism and the design of the foot well itself.

The problem, of course, is owners of these vehicles may have been mislead by Toyota's statement and believe that by simply removing the floor mat in their vehicle, they will be immune to this acceleration problem. In fact, they may still be driving a car that could suddenly speed out of control due to some other factors.

Toyota spokesmen continue to say that the improperly installed floor mats are the only known cause of the problem with no evidence being yet found to support the theories that other design defects exist.

The NHTSA is continuing to investigate the matter.

If you believe that you or a family member have been the victim of a dangerous vehicle defect, it is in your best interest to contact a product liability attorney as soon as possible.

November 5, 2009

Byetta and Kidney Damage: Our Lawyers Are Reviewing Cases Involving Kidney Failure

As a defective drug lawyer and scientist, I have a special interest in defective drug litigation. The FDA reported Byetta (exenatide), a drug manufactured by Amylin Pharmaceuticals, Inc. and Eli Lilly and Company, prescribed to treat type 2 diabetes may pose serious kidney problems to patients. byetta_product_pensboxes_web1.jpg

Our Byetta lawyers are currently reviewing cases to determine if patients hurt by this drug are entitled to have their medical bills, lost wages and pain and suffering compensated. Where death has occurred, we will determine if the family members have a cause of action for wrongful death against this drug's manufacturers.

As a lawyer, I have a unique background that allows me to effectively handle defective drug cases. I am a trained biologist and chemist, turned lawyer. I personally review each and every case to determine if you or your family have a cause of action and do so free of charge.

It is extremely troublesome when a drug manufacturer hides known complications or side effects about the drugs it manufactures. We have seen this time and time again with numerous other drugs. It is unknown at this point what Byetta manufacturers knew prior to this press release. From here forward, Byetta will have a different label, which will specifically address the risk for kidney problems.

So far, many Byetta kidney failure / damage cases reviewed by the FDA have caused serious concern. It has been reported the damage caused by this drug may not improve if Byetta is stopped, indicating the damage may be permanent in some patients.

My Missouri-based personal injury law firm is reviewing Byetta cases nationwide and can help you no matter where you live.

For your free Byetta case evaluation, please contact my law firm or call us at 314-721-9111 and we will arrange for your case to be reviewed.

October 21, 2009

Taser manufacturer warns against shooting at chest

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Tasers, a popular brand of stun-gun used by police, have generally been seen as a non-lethal alternative to the standard sidearm. In the wake of hundreds of deaths, however, the question of just how safe Tasers are is in question and now Taser International is issuing warnings to law enforcement officers.

According to an AP report, an Oct. 12 training manual released by the company warns against firing at a suspect’s chest and acknowledges there is a risk of negative effects on the heart.

Since stun-guns have become commonplace in recent years, 350 people have died after being shot by them. Many of these deaths were heart related and in at least 50 of these cases a medical examiner has said the shock emitted by the stun-gun played a role.

The statement by Taser International marks a big change in the way stun-guns are viewed. As stated above, most police and security companies view tasers as a safer alternative that will subdue a suspect without causing long-term personal injury or death. Demonstrations have even been given where officers or even television reporters are voluntarily shocked.

Law enforcement agencies often tell their employees to use tasers only when the suspect is threatening to cause severe harm to the officer or another civilian. In practice, though, we have seen officers use the guns excessively and in situations where the suspect is not a threat.

One similar case occurred here in Missouri last year. Stanley James Harlan, 23, died after being hit twice with a taser by police after being pulled over on a suspected DUI. If Harlan was driving under the influence of drugs or alcohol, he should have been arrested and faced charges, but this alone does not justify the use of deadly force. This is just one of countless horror stories surrounding the use of stun guns.

Despite all the deaths and question marks about safety, personal injury lawsuits and wrongful death lawsuits have been largely unsuccessful due to the perception that tasers are non-lethal instruments. Dozens of suits against stun-gun manufacturers have been dismissed with Taser International losing only a single case, which is under appeal, according to the AP. Sovereign immunity rules also make it hard to recover damages from police departments.

This recent concession by a major stun-gun manufacturer may be a sign that the perception of these devices is changing. If you have lingering effects of being shocked or have lost a family member to a taser incident, contact a personal injury attorney to discuss your case.

September 22, 2009

Fatal California accident car accident spurs nationwide inspections at Toyota dealers

All Toyota and Lexus dealerships have been told to investigate the floor mats in all the vehicles they sell after a fatal car accident last month in San Diego County.

Four people were killed when a floor mat got caught on a gas pedal in a 2009 Lexus ES 350. The driver, California Highway Patrol Officer Mark Saylor, could not un-wedge the gas pedal from the mat and the car began to accelerate uncontrollably. The car reached a speed of 120 mph before hitting an SUV.

Saylor and three other members of his family who were riding with him were killed in the crash. The driver of the SUV suffered only minor injuries.

The National Highway Traffic Safety Administration (NHTSA) did an investigation into the crash that revealed the floor mat installed in the car Saylor was driving was longer than the standard mat for that particular vehicle. Since the car was being loaned to the Saylor family while their normal car was in repair, they had no experience with it and probably did not notice anything unusual until it was too late.

The floor mat that was installed was actually part of a 2007 safety recall by Toyota because of the potential for the mat to interfere with the pedals.

Accidents caused by defective and dangerous products fall under an area of law called product liability. A product liability lawsuit is directed at the manufacturer, distributor or seller of a product that has potential to cause personal injury or wrongful death. If you or your family has been the victim of an accident that you believe was caused by a product defect, contact an experienced product liability lawyer as soon as possible.

September 20, 2009

Mechanical failure causes serious car accident in Columbia, Missouri

Two people were injured, one seriously, after a two-car injury accident in Columbia, Missouri on Sunday that was apparently caused by a mechanical failure.

According to the Missouri State Highway Patrol, Myrick Denhartog, 62, was traveling westbound approaching Highway 63 in a 1997 Ford. As he approached the intersection, Denhartog’s car experienced an unexplained equipment malfunction and failed to stop at a stop sign before rolling onto Highway 63. Janet Jungermann, 50, was heading northbound in a 2006 Toyota and was unable to avoid a collision with Denhartog’s car.

Jungermann was seriously injured and taken to University Hospital for emergency treatment. A passenger in Denhartog’s car, Dwayne Couch, 20, also suffered minor injuries and was treated at Boone Hospital. Denhartog was uninjured, according to the initial crash report.

Jungermann was wearing a seatbelt, but Couch was not.

The initial crash report does not specify what type of mechanical or equipment failure Denhartog’s car experienced, but it does indicate that it played a role in this Missouri car accident. It may have been a malfunction with the brakes or steering column causing Denhartog to lose control of the vehicle and cross into the highway unexpectedly.

In cases where an injury is caused by an equipment malfunction, a personal injury attorney will have to investigate the circumstances leading up to the crash to determine liability. Every driver is responsible for inspecting his own car to make sure it is road-worthy with no potentially dangerous mechanical flaws. If Denhartog failed to have his car regularly inspected or knew about potential problems and failed to fix them, he may be held responsible. If, however, the car had been worked on by another mechanic or the equipment failure was the result of a defect in the car’s production, liability can shift. The mechanic could have been negligent in his repairs or the auto manufacturer could be sued under a product liability claim.

September 15, 2009

Wrongful Death

A wrongful death case is one that deals with a death that resulted from the negligence of another person or, in some cases, a company or larger group. The unexpected death of a loved one brings a profound sadness, but along with the emotional distress comes more practical issues such as financial hardship. Not only do medical and funeral expenses need to be paid, but the lost wages can leave a family in fiscal insecurity that could take years to stabilize.

Many times, the surviving members of the family or a representative can file suit on behalf of the deceased. The success rate of these cases is actually fairly low. Despite the image of the multi-million dollar personal injury lawsuit that is often portrayed in movies and news media, most damage awards fall well short of a million dollars. Because of these facts, it is important that you seek an experienced personal injury attorney to assist you with your case because your family’s future could literally depend on it.

In order for a wrongful death suit to be successful, the plaintiff must prove that the defendant had a duty that was breached, and that this breach caused the death. This can happen in a fatal car crash, a medical malpractice case, premises liability, product liability, airplane crashes or any other situation where somebody’s recklessness caused the death of someone else.

The standards that apply to determining whether a duty was breached differ from situation to situation. Medical professionals are held to high standards when diagnosing and treating their patients while the average person on the street only has to be responsible for a reasonable amount of care for another person. A driver operating his personal family car is not held to the same standards as a commercial shipping truck driver who operates a tractor trailer for a living. In fact, for businesses that are involved in shipping or public transportation, there is a special category called ‘common carriers.’

Even when you have classified a driver as a common carrier, things are not cut-and-dry. The drivers have different levels of expected care for their own passengers as they do toward other drivers on the road.

All these exceptions and complications further illustrate the need for competent and skilled personal injury lawyers on your case. Do your research and contact a lawyer for a free consultation. Most attorneys will sit down and talk to you for free with no obligation to hire. This first hand experience is the best way to judge whether you want to hire an attorney.

September 1, 2009

DVD player recalled due to risk of fire

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The U.S. Consumer Product Safety Commission and Wal-Mart have announced a recall for their discount Durabrand DVD player line after concerns of potential fire or explosion arose.

While no personal injury or product liability suits have been filed, there have been numerous reports of the DVD player overheating and, in some instances, starting a fire. In at least seven cases there was some reported property damage due to a fire caused by the player. Thankfully, though, no one has been hurt.

No indication of what the total amount of property damage has been since these DVD players first came on the market in 2006, according to an AP report.

This is actually not even the first recall involving this particular Durabrand DVD player. A couple weeks ago, the silver design model was recalled by the CPSC. Today’s announcement expands the recall to cover the pink and purple colored models as well.

Here are the serial numbers to look for on your product:
-UPC 1799901002, model number 1002
-UPC 1799934100, model number 1002 PINK
-UPC 1799932100, model number 1002 PUR

If you have one of these players, don’t risk a potentially serious burn or personal injury by continuing to use the device. Unplug it immediately and contact Wal-Mart for a full refund.