Most of us have heard of the infamous “black boxes” found on all airplanes. They are a critical tool for investigators in the event an airplane crashes. Those little black boxes record and store huge amounts of critical flight data they can help explain what went wrong in the event of a crash. Most people, however, are unaware that many late model vehicles also have a version of the “black box” hidden away inside the vehicle. For instance, many Toyota manufactured vehicles are equipped with a black box.

These “black boxes” – technically known as event data recorders or EDR’s – have raised more questions then they have answered in lieu of the recent recalls issued by Toyota Motor Corporation. The first question is exactly what do these EDR’s record? Reports from Toyota have been less than consistent as to what the EDR’s report and for how long the data is stored. One report states that they record data from five seconds before to two seconds after an air bag deploys. The data that is recorded is also unclear. Reports are that the EDR collects information about the vehicles speed, accelerator angle, angle of the driver’s seat, gear shift position and whether the seat belt was being used at the time. The big question remains whether the EDR’s collect information regarding the brakes and whether or not they were depressed just before a collision. What has made added to the little black box mystery is that – at least until recently – there was apparently only one computer in the United States that was capable of reading the data collected by the EDR’s. Toyota manufactured vehicles have been equipped with EDR’s as far back as 2001, yet no one was able to access the information contained in the boxes. Other vehicle manufacturers that use the same type of devices, however, regularly share their data with law enforcement agencies and government regulators.

The little black box mystery has added to the speculation that Toyota knew about defects in their vehicles for a significant amount of time before they issued the first recall. Under United States law, a manufacturer must make reasonable efforts to investigate any potential defects in their product and once they become aware of a defect they must notify consumers as well as the proper regulating authority. The manufacturer must then either repair, replace or refund each consumer that purchased the product. While Toyota has issued recalls and is in the process of instituting repairs for the defective vehicles, questions remain as to when they knew about the defects and what they did about that knowledge.

If you have been involved in an accident and you believe that a Toyota manufactured vehicle was entirely or partially at fault for the accident, then you may be entitled to compensation for any injuries that you have suffered as a result. For a free and detailed evaluation of your potential Toyota recall case, please feel free to call California Toyota recall attorney Emery Ledger of Ledger & Associated at 1-800-300-0001 or visit him online at www.ledgerlaw.com.

In the wake of the Toyota recalls over the past year, a number of different types of lawsuits have been filed across the country and around the world. The lawsuits stem from recalls covering over 8 million Toyota manufactured vehicles. The first recall came last year after numerous complaints about unintended acceleration in Toyota manufactured vehicles ultimately ended in the death of a family of four that were driving a Lexus SUV in San Diego. The vehicle began to accelerate and the driver was unable to stop it ending with the vehicle plummeting into a canyon and killing all four occupants. Sadly, that was just the start of a number of stories of deaths and injuries allegedly caused by defects in Toyota manufactured vehicles. As a result of the numerous defects that have now become the subject of a series of recalls, people across the country have begun to file lawsuits against the automaker giant.

The lawsuits that have been filed fall into two main categories: personal injury and economic loss. The personal injury lawsuits are generally individual lawsuits that claim a Toyota manufactured vehicle was responsible for injuries or death to the Plaintiff or a member of the Plaintiff’s family. The other type of lawsuit is for economic losses. The economic loss lawsuits have generally been filed as class action lawsuits. A class action lawsuit is when a group of injured (physically or financially) Plaintiff’s file a lawsuit as a group. This can be done when the facts of each individual person’s case are similar and the evidence needed to prove the cases are largely the same.

The Toyota economic loss lawsuits are based on the idea that consumers that purchased a Toyota manufactured vehicle have now suffered an economic loss as a result of the recalls over the past year, according to California Toyota recall attorney Emery Ledger of Ledger & Associates. Unlike a personal injury lawsuit, a Plaintiff in an economic loss lawsuit does not have to have been involved in an actual accident to recover compensation. The argument in an economic loss claim is that the Plaintiff purchased the vehicle expecting that it would retain a certain amount of its value. In the case of Toyota, most people know that Toyota’s historically retained a larger portion of their value than other vehicles throughout the years. Therefore, if you purchased a Toyota vehicle last year, you had a reasonable expectation that it would still be worth a large percentage of its original value this year. However, because of the recalls over the last year and the loss of consumer confidence in the once giant automaker, Toyota manufactured vehicles have lost value in the marketplace. If you are the owner of a Toyota manufactured vehicle, that means that the asset that you reasonably believed to have a certain worth is now worth less. To put it in simple terms, let’s say that you purchased a Toyota manufactured vehicle last year for $30,000. If that vehicle has historically retained 90% of its value after the first year than it should be worth $27,000 today. If the fair market value of the vehicle has dropped to $20,000 because of the recalls and the drop in consumer confidence in Toyota manufactured vehicles, then you have a $7,000 economic loss caused by Toyota. That is the argument for an economic loss lawsuit.

If you feel that you have suffered an economic loss or a personal injury as a result of a Toyota manufactured vehicle, please feel free to contact California Toyota recall attorney Emery Ledger of Ledger & Associates at 1-800-300-0001 or online at www.ledgerlaw.com.

The last moments of a family killed in an automobile accident that was apparently caused by a faulty accelerator on a Toyota vehicle have been made public as lawyers challenge Toyota’s safety record. Recently, four members of a family died in a Lexus that they had hired that had allegedly accelerated wildly out of control.

A California highway patrolman, who was off duty at the time died along with his wife and sister in law when they were involved in an accident in a Toyota that was about to be subject to a recall.

In a 911 emergency call that was made from the automobile just before the accident, the wife of the patrolman can be heard saying: We’re in a Lexus and our accelerator is stuck and we’re in trouble. There are no brakes and we’re approaching the intersection. Hold on, hold on and pray, pray.

A lawyer who is acting on behalf of the husband of the sister in law reported that the Lexus, which is Toyota’s luxury brand which up until then had not been recalled, said that the Toyota had been borrowed by the family while their own automobile was being repaired. The same automobile had been loaned to another person three days earlier. They brought it back and complained about the accelerator getting stuck.

He questioned Toyota’s claim that it had found a durable and simple fix for the problems that have resulted in 19 deaths and thousands of accidents.

US dealers will begin repairs on 2,300,000 automobiles by inserting a stainless steel bar under the accelerator pedal to prevent it from sticking. The company will also replace pedals in another 5,000,000 automobiles that have floor mats that can trap the accelerator.

Toyota is trying to limit the dramatic sales slump as a result of the recall of millions of its automobiles around the world. However, some lawyers think that the accidents may have been the result of problems that are not related to either the pedal or the floor mats, which are the only 2 causes that have been identified thus far by Toyota. They suggest there may be problems with Toyota’s electronics, which is a claim that the automobile manufacturer has categorically denied.

The automobile used by the Patrolman and his family was a 2009 Lexus ES350 that wasn’t covered by Toyota’s recall of the pedal but that has been associated with the problem with the floor mats.

The sheriff’s report said the mat was a factor but it was not able to rule out an electronic malfunction the lawyer said. Toyota has continued to claim that there’s no evidence to support a contention that there was an electronic problem, however, they also said there were no other problems when they issued the floor mat recall and they have taken that back.

Lawyers say Toyota may also be held liable for prosecution in the British court system if it can be proven that the company did not act quickly enough to recall the defective automobiles that had the faulty parts. A law firm in Britain is currently involved with 2 cases of individuals who say that the accelerator pedal failure in a Toyota resulted in, one case which resulted in a financial loss caused by the inability to use an automobile and another in a head injury.

These cases involve Toyota’s bestselling models in Britain, the Yaris, and the RAV4, a 4-wheel drive vehicle. The Toyota Company has not yet confirmed how many automobiles are affected in Britain but are recalling 1,800,000 automobiles in Europe across eight models: The Aygo, the iQ, the Verso, the Corolla, the British made Avensis and Auris, the Yaris, and the RAV4.

Almost 100,000 Citroen C1 and Peugeot 107 models that are manufactured at the same factory where the Toyota Aygo is made are also being recalled. The manufacturer has admitted it may have 2 incidents that involve accelerator pedals that are defective.

Toyota has said that it had knowledge of 26 incidents that involve pedals that are defective in Europe. The company had reports of incidents with accelerator pedals, however, the incidents of accelerator pedals that were sticking were treated like a quality issue rather than a safety issue. Its recall in Europe came last week following a renewed number of incidents.

Toyota has also admitted knowledge of a part in the pedal mechanism as being a potential problem. In a statement it said that the engineers have developed and rigorously tested a solution which involves the reinforcement of the pedal assembly to eliminate the potential risk of excess friction that could, in some cases result in the pedal sticking. They claim that the first shipments of parts required for this fix the problem will begin soon be arriving in Europe.

The US Government is considering imposing a civil penalty on Toyota, an official at the National Highway Traffic Safety Administration reported.

One lawyer is representing California woman whose wife was killed after the Toyota Camry the woman was driving accelerated and then plummeted over a cliff.

Lawyers are also filing lawsuits for Toyota owners who are too scared to drive their automobiles. One lawyer said that he has been contacted by hundreds of these people. Therefore, if you or a loved one has been killed or injured in an automobile accident involving a Toyota that was subject to recall, you really do need a good personal injury lawyer looking out for your interests. Contact Emery Ledger at Ledger and Associates at 1-800-300-0001 or at Ledgerlaw.com to learn your rights as a victim and how we can help you get financial compensation for your accident.

In the last year, Toyota Motor Corporation has issued voluntary recalls on over 8 million of its vehicles worldwide and the number continues to climb. The first recall covering over four million vehicles was announced late last year and came after numerous complaints were filed with the National Highway Transportation Safety Administration regarding unintended acceleration problems. The complaints – some dating back years – all complained of Toyota manufactured vehicles that accelerated without warning or that could not be stopped by pushing the brake. The final push for Toyota to issue the recall came when a family of four was killed in a Toyota manufactured Lexus SUV that accelerated out of control causing the death of all four occupants. That recall became known as the “accelerator entrapment” recall. The next recall was announced in January and covered 2.3 million vehicles for similar issues. This recall, however, was blamed on a defect in the pedal itself and became known as the “sticky pedal” recall. Another recall was issued in February and two more have been announced just this month.

The fine that was ordered this month by the U.S. Department of Transportation (USDOT) comes after an investigation initiated by the USDOT as to whether Toyota addressed the potential defects in its vehicles in a timely manner as required under United States law. The conclusion of the investigation was that Toyota did NOT notify regulators and consumers as quickly as required under the law. U.S. laws regarding defective products have numerous requirements for what a company must do in the event of a defective product. In essence, the company must make all efforts to investigate a potential defect, must report the defect to U.S. regulators, must notify consumers and must repair, replace of refund the product.

The fine that was issued by the USDOT this month is based on their conclusion that for the defects covered in the January recall of 2.3 million vehicles Toyota did not notify the proper authorities or consumers in a timely manner. The fine amount of $16.4 million was the limit allowed under current United States laws. In other words, authorities were not permitted, under the law, to order a fine greater than the $16.4 million. Had a cap not been in place for the maximum fine that a single manufacturer can face, the total fine could have reached over $13 billion. Absent the cap, the law allows a fine of $6000 per vehicle covered in the recall. In reality, $16.4 million dollars for a corporation that has annual sales in the billions isn’t as stiff of a fine as it initially sounds. While authorities were not able to fine Toyota more than the $16.4 million for the January recall, they could issue more fines based on other recalls. Reports are that they are looking into the first recall to decide whether Toyota violated any notice laws and requirements during that recall. If so, another fine could be forthcoming for the giant automaker.

If you have been personally affected by the Toyota recalls and would like further information regarding your legal options, please feel free to call California Toyota recall attorney Emery Ledger at his law firm Ledger & Associates. He can be reached at 1-800-300-0001 or you may contact him through his website at 1-800-300-0001.

With all of the publicity surrounding the Toyota recalls over the last year and subsequent lawsuits, California Toyota recall attorney Emery Ledger has been bombarded with questions involving the legal options that people that have been affected by the recalls have. There are a number of legal issues that surround the Toyota recalls, but one of the most basic issues – and one that affects the most people – is whether you have a claim against Toyota and is so what type of claim do you have?

The Toyota recalls have spawned two basic types of lawsuits at this point. The first types have generally been filed as class action lawsuits and are based on economic losses. The second types have been filed as individual lawsuits for personal injury or wrongful death. An economic loss case can be based on a number of claims, however in this case they are mainly centered around a loss of value theory. In general, a loss of value claim asserts that the product that you purchase has lost its value, or its value has been diminished, through the fault of the manufacturer. In the case of Toyota manufactured vehicles, the theory is that the value of the vehicle has been diminished as a result of the defects themselves and the bad publicity that has surrounded Toyota over the last year. For instance, imagine that you purchases a vehicle last year for $30,000 and reasonably expected (based on past performance) that the vehicle would retain 90% of its value from last year until this year making the expected current value of the vehicle $27,000. Now, however as a result of the recalls and the loss of confidence that consumers have in Toyota your vehicle is only worth $20,000, then you may have a loss of value claim. As with all lawsuits, this is just an example and you should consult with a California Toyota recall attorney for specific advice about your situation.

The second type of case is a personal injury or wrongful death lawsuit. These are typically individual lawsuits that have been filed on behalf of someone that has been injured in a car accident or by the families of someone that was killed as a result of a car accident involving a Toyota manufactured vehicle. These lawsuits may potentially recover for actual damages such as lost time from work, medical bills and damage to a vehicle as well as pain and suffering. In the case of a wrongful death lawsuit, a claimant may be entitled to additional compensation based on loss of future earnings and other factors.

As you can see, the legal options available to consumers that have been injured – either economically or physically – by the Toyota recalls are numerous. The best way to know for sure what your own personal legal options may be is to consult with an experienced California Toyota recall attorney. If you would like a free and confidential evaluation of your specific situation, please call the law firm of Ledger & Associates at 1-800-300-0001 or visit them online at www.ledgerlaw.com.

With numerous lawsuits being filed against Toyota Motor Corporation as a result of the series of recalled announced over the last year, many people may be wondering how the decision is made whether to file a case in State or Federal Court. The rules differ depending on whether you are filing an individual lawsuit or a class action lawsuit. A class action lawsuit is essentially a group of people that have joined together to file suit against a Defendant because they all suffered similar injuries or damages. One of the most common types of class action lawsuits are product liability lawsuits. In the case of Toyota, a number of class action lawsuits have been filed claiming economic losses – all of which have recently been centralized in the U.S. Federal District Court in Torrence, California. Why, however are the cases being heard in Federal Court instead of State Courts?

One of the founding principals of the American legal system is that Plaintiffs (the person that has suffered the injury) can choose the forum for the lawsuit. This was important to the founding fathers to prevent abuses of the legal system by wealthy Defendants simply choosing a favorable court for any lawsuit filed against them thereby all but assuring their victory. The concept of Plaintiff’s choice still exists today, however with a number of exceptions. A class action lawsuit can, in theory, still be filed in State Court. The Defendant then has the option to file a motion to remove the case to federal court. Certain requirements must be met before the Federal Court can grant the motion for removal.

First, with rare exceptions, the case may be removed to Federal Court ONLY if the case could have been filed in Federal Court at the time the request to remove the case was made. This means that the case must meet either the federal question prong or the diversity prong of the federal case test. Cases involving federal questions are generally easily removed as long as all Defendants agree to the removal. Considering that Federal Courts have historically been more favorable to Defendants, this is usually an easy process. Cases involving the diversity prong, however, are not as easy to remove to Federal Court. Under the diversity prong, the Plaintiff and Defendant must be from different states AND the amount in controversy must exceed $75,000. When there are multiple Defendants, or when an argument can be made that the Defendant is a resident of the same state as the Plaintiff (as in the case of a corporation with multiple offices), then removal is more difficult. Plaintiffs are usually successful at objections to removal in these cases. Having said all of that, the Class Action Fairness Act (CAFA) of 2005 made removal to Federal Court a little easier for Defendants. The CAFA basically allows class action cases to be removed to Federal Court if ANY of the Plaintiffs are from a different state than ANY of the Defendants AND the amount in controversy exceeds $5 million. The CAFA was written for cases exactly like the Toyota recall class action cases.

While the CAFA doesn’t make it impossible to object to removal of a case like the Toyota recall class action lawsuits, but it makes it likely that the case will be removed if the Defendant moves for removal even if you do make a timely objection.

If you would like additional information or a free detailed analysis of a Toyota recall case that you may have, please feel free to contact California Toyota recall attorney Emery Ledger online at www.ledgerlaw.com or at his toll-free number – 1-800-300-0001.

In the wake of the recent Toyota recalls covering over 8 million vehicles and counting as well as numerous fatalities and injury accidents, litigation has been filed in various states against the giant automaker and more is expected in the near future. In cases like these, where the Defendant is a corporation, the Plaintiff often has a choice as to whether they want to file the case in State or Federal court. In order to file a lawsuit such as this in federal court, the case must either address a violation of federal law OR be considered a diversity case. A diversity case is one in which the parties are located in different states AND the amount in controversy exceeds $75,000. The requirement that the parties be located in different states can get complicated in the case of a corporation, but where the corporation is registered, where their main office is located and where they have done business can all be considered when deciding where they are located for purposes of the diversity test. Not surprisingly, a number of lawsuits have been filed against Toyota in federal court and more are anticipated. With the number of lawsuits expected to climb, the United States Judicial Panel on Multidistrict Litigation (JPML) has stepped in and ordered that the cases be centralized in California. Why was this done? Who is the JPML and what effect will this decision have on the litigation?

First, the JPML was created by an act of Congress back in 1968 and has two main functions. First, the Panel looks at cases filed in U.S. Federal Courts to determine if they involve a common question of fact that would serve judicial economy by bringing all the cases into one court. Second, the Panel decides where the cases will be heard if they are centralized and who the Judge will be that hears them. This is NOT the same as joining the cases for the purposes of a class action. Under a centralization order from the JPML, the cases are only brought under the jurisdiction of a single court through the pre-trial discovery stage of the proceedings. If a case is not terminated at the end of the pre-trial discovery stage, then it is remanded back to its original court of jurisdiction. The idea behind the centralization order is to prevent duplication of discovery efforts and allow the parties to work together to conserve resources for the parties as well as the judiciary.

In the Toyota cases, the JMPL has ordered that the cases be centralized in California, due in large part to the fact that the majority of the cases filed to date have been filed in California. Additionally, Toyota’s U.S. Division’s headquarters are in Torrence, California which is where the JMPL has ordered that the pre-trial process take place. U.S District Judge James V. Selna has been appointed as the Judge that will oversee the pre-trial phase of the lawsuits.

While Judge Selna will not hear cases that ultimately go to trial (unless they were originally filed in his court), the decision to centralize these cases can have a huge effect on the outcomes for the Plaintiffs. As the Judge that oversees the pre-trial discovery process, Judge Selna will make important decisions about admissibility of evidence, testimony of witnesses and many other crucial issues. If the cases are not settled or dismissed by the time that discovery process is done, then they will be returned to their original court and another Judge will have chance to impact the outcome. For now, however, the future of many Toyota recall lawsuits rests in the hands of Judge Selna.

If you have additional questions, or have been personally injured by one of the Toyota recalled vehicles, please feel free to contact California Toyota recall attorney Emery Ledger of Ledger & Associates at 1-800-300-0001 or visit him online at www.ledgerlaw.com