Posts Tagged ‘defective products’
Thursday, April 29th, 2010
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.
Tags: acceleration, acceleration problems, accelerator, attorney, auto, automaker, complaint, defective products, killed, lexus recall, occupants, recalls, toyota, toyota motor, toyota recall, Toyota Recall Attorney, Toyota recalls
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Wednesday, April 28th, 2010
With the list of recalled Toyota manufactured vehicles continuing to climb, the number of accidents and fatalities that may be attributed to those vehicles continues to climb as well. To date, there are close to 50 deaths and hundreds of injuries that may be caused by Toyota manufactured vehicles. As more vehicles are added to the list, and investigations continue by the United States government as well as other governments, we may find more deaths and injuries that were suffered as a result of Toyota manufactured vehicles. So what can you do if you have been in an accident and suffered injuries as a result of a vehicle that has been recalled?
Defective products, or parts, can be addressed under the laws of product liability. Sometimes, as in this case, they can also be the basis for a personal injury lawsuit, according to California personal injury attorney Emery Ledger. Personal injury lawsuits operate under the theory of negligence. In the State of California, the theory of comparative negligence is used to determine who is responsible for a car accident. Under comparative negligence, more than once person – or entity -can be at fault in an accident. Some states still use a theory of negligence known as contributory negligence wherein if you contributed at all to the accident you cannot recover anything in a lawsuit. Luckily for California residents, California does not adhere to that doctrine. As the law stands in California, if more than one person – or entity – played a part in causing the accident, then the negligence (a legal term for blame) is proportioned among the responsible parties. In the case of the defective Toyota vehicles, for instance, it could be found that the defective part in a vehicle was 75% responsible for a car accident but driver error was responsible for the other 25%. The most important thing to remember is that even if you played a part in causing the accident, if someone else is MORE responsible than you then you may still be entitled to compensation for your injuries. In the examples above, if you were responsible for the 25%, then you would still be able to recover for 75% of your damages or injuries. The bottom line is that if Toyota manufactured a defective vehicle, or part of a vehicle, and that defect caused, or contributed to an accident that caused injuries, then they can be held accountable for those injuries.
As the number of lawsuits filed against Toyota continues to climb, it may be some time before we see any of the cases settled or we see a jury award. In the meantime, if you have been injured in a car accident and you feel that a Toyota manufactured vehicle was wholly or partially to blame for your injuries, then seek the advice of an experienced California personal injury attorney. If you would like a free and confidential detailed evaluation of your Toyota recall case, please contact California Toyota recall attorney Emery Ledger at Ledger & Associates – 1-800-300-0001 or www.ledgerlaw.com.
Tags: car accident, comparative negligence, compensation, contributory negligence, damages, deaths, defective products, driver emery, emery ledger, fault, injury, investigations, lawsuit, lawsuits, Ledger, ledgerlaw.com, liability, Negligence, Personal Injury, personal injury attorney, personal injury law, personal injury lawsuit, personal injury lawsuits, product liability, state of california, states, toy, toyota, toyota recall, Toyota Recall Attorney, toyota vehicle, toyota vehicles
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Monday, April 26th, 2010
Just days ago, Toyota announced yet another recall covering another 35,000 vehicles– this one for 2010 Lexus GX 460 for an issue with the Vehicle Stability Control Software. This latest recall is the second in less than two weeks for the once seemingly untouchable automaker giant. Last Friday, the automaker announced a recall of approximately 600,000 Sienna minivans for corrosion problems with the spare tire that could lead to the tire failing onto the road unexpectedly. While these two recalls in and of themselves might not appear out of the ordinary or particularly harmful to an automobile manufacturer, with Toyota’s track record over the last year they may be devastating news.
Toyota first made headlines last Fall when a family of four was killed in a runaway Lexus SUV in San Diego. The fatal accident brought attention to the numerous complaints that had been filed with the National Highway Transportation Safety Administration (NHTSA) in the previous months – and even years – regarding unintended or sudden acceleration problems in Toyota manufactured vehicles. The accident eventually led to Toyota’s initial recall of some 4 million vehicles, but not before additional accidents and deaths were attributed to defective vehicles. The reason given for the recall was that the gas pedals were getting stuck on the floor mats. The next recall came in January and covered and additional 2.5 vehicles for a “sticky accelerator ” problems. A third recall followed in February for what appeared to be an unrelated problem with the anti-lock brake system.
From the original recall on, many consumers, regulators and government officials have been asking when Toyota new about these defective products. Families of accident victims and consumers have been asking why something wasn’t done sooner. A search of the NHTSA complaints for Toyota manufactured vehicles shows a history of “unintended acceleration” complaints that go back months-even years-before the first recall was issued. The United States government opened its own investigation into when Toyota knew about the issues and whether it acted in a timely manner to correct the problems. Under United States law, a manufacturer of any consumer product must make goof faith efforts to uncover any defects in their product, must report those defects to the proper governing bodies, and must repair, replace or refund the product. The United States government recently levied the largest fine in U.S. history against an automaker against Toyota – a hefty $16.4 million – for failure to act in a timely manner for the sticking gas pedal problems. The fine is the most allowed under current United States law, according to California recall attorney Emery Ledger. Toyota has agreed to pay the fine without protest. While not an admission of guilt, Toyota’s agreement to pay the fine may say much without actually saying anything.
If you have been the victim of an accident involving a Toyota manufactured vehicle and would like more information regarding what your legal options may be, please feel free to contact California Toyota recall attorney Emery Ledger at Ledger & Associates – 1-800-300-0001 or visit his website at www.ledgerlaw.com
Tags: acceleration, acceleration problems, accelerator, accident, accident victims, attorney, auto, automaker, automobil, complaint, deaths, defective products, defective vehicles, emery ledger, floor mat, floor mats, highway transportation, killed, law, Ledger, ledgerlaw.com, legal options, lexus, million vehicles, nhtsa, sudden acceleration, toyota, toyota recall, Toyota Recall Attorney
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Saturday, February 20th, 2010
The world’s number one automaker now faces yet another inquiry about the now eight and a half million vehicles it has recalled to date. Toyota officials are scheduled to testify in front of Congressional leaders on the 24th of February but now the Transportation Department is initiating its own investigation. Just this week, the Transportation Department issued demands for documents relating to Toyota’s extensive recalls in the United States. The ‘demands” are legally similar to a subpoena. The Transportation Department is asking the same questions that Congressional leaders and much of the public are asking – When did Toyota know about the defects? Did Toyota act swiftly enough? Could the growing number of accidents have been prevented by Toyota?
Toyota has 60 days to respond to the demands by the Transportation Department regarding the first two recalls. Those two recalls have come to be known as the “accelerator entrapment recall” and the “sticky pedal recall”. Between the two recalls, close to eight million vehicles worldwide have been recalled. The Transportation Department is looking for detailed timelines regarding when Toyota became aware of the problems, how it handled complaints regarding the two defects and how much it has paid to date in warranty claims. Additionally, the Transportation Department wants to see internal communications regarding the pedal problems and a list of company officials that were involved in making decisions about the defective products. The Transportation Department is also asking questions about the possibility that electronics of the gas pedal system could be the cause, or a part of the cause, for the defective products. Toyota has indicated that their tests show that the electronics are not to blame. Complaints continue to pour in to the National Highway Traffic Safety Administration (NHTSA) from Toyota made vehicle owners – many from owners of vehicles that are NOT currently covered by one of the recalls. This is one of the reasons that the Transportation Department is looking into other possible causes for the complaints. If the electronic system, or another explanation, is to blame, then the recalls may actually affect more vehicles than are currently included. This would be welcome news for Toyota vehicle owners that are not currently part of a recall.
If you have been involved in an accident and believe that one of the recalled vehicles was to blame, or partially to blame, then you may be entitled to receive compensation for any damages you have suffered. Under the laws of negligence in the State of California, if a defective product causes, or contributes to, an accident, then the victims of the accident can file suit against the manufacturer to recover damages they have suffered. The experienced attorneys at Ledger & Associates can answer any questions you may have regarding your legal options if you have been involved in a car accident. Battling a giant like Toyota may seem impossible, but that is why you need an experienced lawyer to fight for you. Contact the team at Ledger & Associates at 1-800-300-0001 or visit them online at www.ledgerlaw.com
Tags: accidents, company officials, defective products, google real time search, highway traffic safety, million vehicles, national highway traffic, national highway traffic safety administration nhtsa, nhtsa, recalls, subpoena, toy, traffic safety administration, transportation department
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