Posts Tagged ‘national highway traffic safety administration nhtsa’

Toyota Accident Attorney Discusses Recall Hearings & Mother’s Loss

Friday, February 26th, 2010

Mother of Runaway Lexus Victims Testifies at Congressional Hearings:

Last August 28th, a full two months before the first of the Toyota recalls were announced, 911 operators in California received a frantic 911 call with someone on the other end saying “hold on, hold on and pray, pray”. That call was made by Chris Lastrella while he, his sister, brother-in-law and niece were barreling down the road at over 120 miles per hour in their runaway Lexus ES-350 in San Diego, California. Mark Saylor, a decorated highway patrolman was driving the vehicle when it suddenly accelerated to 120 miles per hour as he was approaching an intersection. Unable to stop the runaway vehicle, he ultimately lost control and the vehicle, with his wife, daughter and brother-in-law aboard, plunged into a canyon killing all four of them. At the time, it was considered a “freak accident” with no apparent cause. Sadly, we now know that it was due to defective parts that are now part of one of three Toyota recalls covering over 8 million vehicles. Had Toyota announced those recalls just six months earlier, that phone call never would have been made.

Fe Niosco Lastrella lost four of her family members that day. She testified this week in the congressional hearings that were held by the House Oversight and Government Reform Committee in Washington, D.C. Ms. Lastrella was there as the voice of all the victims of Toyota accidents caused by the defective vehicles. The Committee, along with various other government and watchdog groups, is investigating whether the recalls were announced timely as well as other recall related questions. To date, the recalled vehicles have been responsible for at least 39 deaths. What makes this accident an even bigger tragedy is that complaints about sudden acceleration had been pouring in to the National Highway Traffic Safety Administration (NHTSA) and to Toyota officials for years before the first recall was announced. Congressional leaders have accounted for no fewer than 2,500 complaints made to the NHTSA about sudden acceleration problems in Toyota made vehicles. Additionally, State Farm Auto Insurance, one of the nation’s biggest auto insurers had also alerted NHTSA to more than 900 instances of sudden acceleration in Toyota vehicles over the past ten years, but apparently a full investigation was never opened.

Toyota Motor President Akio Toyodo also testified at the hearings and offered his condolences to Ms. Lastrella and all the other families of accident victims. While his apologies are appreciated, many are asking whether these tragedies could have been prevented altogether. Why did it take such disastrous accidents like this one before a recall was announced? Why did 39 people have to lose their lives and countless others have to suffer injuries before these vehicles were taken off the roadways and the defects repaired? These questions, and others, are what the congressional leaders are hoping to answer this week in Washington, D.C.

We applaud Ms. Lastrella’s courage and offer our condolences to her and to the families of all the other Toyota accidents victims around the world. If you, or a family member, have suffered injuries as a result of an accident involving one of the recalled vehicles and would like to discuss any legal options you may have with and experienced California personal injury attorney, then please call the offices of Ledger & Associates at 1-800-300-0001 or visit us online at www.ledgerlaw.com.

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Toyota Documents Indicate That Toyota May Have Put Profits Before Safety

Wednesday, February 24th, 2010

By: Leading Toyota Recall Lawyer (For a Detailed Case Evaluation Related To Your Toyota Accident Call 800-300-0001)

Toyota has certainly come under fire over the last six months for numerous safety related defects that have been found in its vehicles. To date, it has announced recalls covering close to 8 million vehicles. Investigations have been underway across the world to try and determine when Toyota became aware of the various safety defects and what they did about it when they were made aware. Toyota officials are scheduled to testify in front of members of Congress on the 24th of February to answer to those, and may other, questions. In the meantime, the Department of Transportation as well as the House Oversight and Government Reform Committee issued demands for internal documents of the giant automaker earlier this month. According to documents that have been produced to date, it appears as if Toyota may have been putting profits ahead of safety.

Toyota announced at an internal presentation as far back as July of 2009 that it had saved the company $100 million dollars or more by negotiating an equipment recall of the floor mats involved in 55,000 of the Toyota Camry and Lexus ES350’s back in September of 2007. These are just a small fraction of the almost 4 million vehicles that were eventually recalled for the floor mat problem. If Toyota put profits before safety by pushing regulators to narrow the scope of a recall then this is certainly not the end of their problems with Congress. The National Highway Traffic Safety Administration (NHTSA) launched an investigation into the floor mat issue as far back as March of 2007. At that time, Toyota told the NHTSA that there was “no possibility of the pedal interfering with the floor mat if it is placed properly and secured”. The government, however, had received numerous complaints from Toyota and Lexus owners about the sudden acceleration with many of those complaints involving accidents. So why did the initial recall back in September of 2007 only involve 55,000 vehicles?

This and many other questions are not going to go away for the automaker giant. For those that have been involved in an accident as a result of one of the safety defects, the recalls came too late. Unfortunately, all the investigations and inquiries won’t turn back the clock. If you are one of those people that were involved in an accident with a vehicle that was ultimately recalled, then you may be entitled to compensation for the losses that you have suffered as a result of the accident. If a manufacturer produces a defective product, then they can be held accountable under the product liability and personal injury laws of the State of California. If Toyota knew about these safety defects and did nothing, then they will be responsible for any injuries those defects have caused. Seek the advice and counsel of an experienced California product liability and personal injury lawyer immediately. The law firm of Ledger & Associates has been fighting for accident victims in California for twelve years. Call them at 1-800-300-0001 or contact them online at www.ledgerlaw.com for an initial consultation.

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Wrongful Death Attorney says, Department of Transportation Demands Documents from Toyota

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

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Toyota Recall Lawyer Emery Brett Ledger says, Toyota Troubles Continue

Wednesday, February 17th, 2010

Almost a week to the day after Toyota announced its most recent recall, we are hearing that the automaker is investigating complaints involving power steering problems in yet another vehicle – the 2010 Corolla. If Toyota adds the Corollas to the growing list of recalled vehicles, the total will be nearing the 10 million mark. Toyota’s first recall was announced last October, affecting over 4 million vehicles for what has come to be known as the “floormat entrapment problem”. Next, Toyota announced a recall of another 2.5 million vehicles in January for a problem in the accelerator pedal itself that was apparently causing sudden acceleration problems. Just last week, recall number three was announced and covers another half a million vehicles or so for brake system problems – specifically problems with the anti-lock brake system. If Toyota does decide to recall the affected Toyotas, we can add another 1.5 million vehicles to the growing list of recalled Toyotas or Toyota manufactured vehicles.

While Toyota officials have remained somewhat vague about what the subject of the complaints made against the Corolla are, a simple search of the National Highway Traffic Safety Administration (NHTSA) database shows complaint after complaint for steering problems. Additionally, the complaints read more or less the same: “problems steering the vehicle – especially at interstate speeds” OR “vehicle pulling and unable to keep it straight”. As with the other recalled models, the complaints started as far back as last August, raising additional questions about why Toyota is just now investigating the problem. Toyota admits that there are about 100 complaints on the books that are being investigated at the moment. According to officials, this is not enough to warrant a recall at the moment, but Toyota indicated that it will continue with the investigation and that a recall could be on the horizon.

If you have been involved in an accident and believe that any of the recent recall issues were at fault, or partially at fault, for your accident, then you may be entitled to compensation from the manufacturer for damages suffered as a result of the accident. Under the law, a negligent party must compensate a victim for damages that are a direct cause of that negligence. Negligence is a legal term that essentially means “fault”. Proving negligence, especially in the case of a defective part – as in an automobile – can be very complicated. Only an experienced California personal injury and product liability attorney can evaluate the facts of your accident and advise you whether or not you have a valid personal injury and/or product liability lawsuit. The fact that a vehicle has been the subject of a recall does not, in and of itself, prove that the manufacturer was negligent. The laws of negligence are much more complex and require the training and knowledge of an experienced California personal injury and product liability attorney. If you have questions regarding what options you may have if you believe you have suffered injuries as a result of an accident, call the experienced attorney at Ledger & associates at 1-800-300-0001 or contact them online at www.ledgerlaw.com.

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How Are Safety Related Defects Investigated in the United States?

Tuesday, February 16th, 2010

With all of the recent publicity surrounding Toyota’s three recalls of over 8 million vehicles – and now Honda as well – many people are wondering who is responsible for investigating safety complaints for automobiles and how they are investigated. The National Highway Traffic Safety Administration (NHTSA) is the federal agency that is responsible for investigations regarding potential safety defects in automobiles. The NHTSA can begin an investigation based on consumer complaints, reports from automakers themselves or by a petition to investigation.

Once the decision has been made to open an investigation, NHTSA engineers conduct a preliminary evaluation and request information from the manufacturer, such as data on complaints, injuries, warranty claims, modifications, or parts sales. The manufacturer also has an opportunity to present its views regarding the alleged defect. Once the preliminary evaluation has been completed, NHTSA officials decide to close the investigation – meaning they found no grounds to believe a defect exists – or they decide to move to the next step. The next step consists of an engineering analysis. During this phase of the investigation, additional information is gathered and surveys or tests may be conducted. Again, at the end of this phase, the agency may close the investigation or may decide that a safety related defect exists. If they decide that a safety related defect exists, they may send a “Recall Request Letter” to the manufacturer. If the manufacturer does not voluntarily issue a recall, the agency may hold a public meeting wherein all interested parties may present their viewpoints. If the NTSA has decided that a safety related defect exists, and the manufacturer has still not issued a voluntary recall, the NHTSA can order a recall on its own. The manufacturer has the option to challenge the recall in Federal Court if it so chooses. If the manufacturer challenges the order in court, then they are not required to do anything to fix the problem while the case is pending in court. The manufacturer, of course, has the option to issue a voluntary recall at any stage of the investigation by the NHTSA.

As an example of how the NHTSA can prompt a manufacturer to act would be the most recent Toyota recall of the 2010 Prius and Lexus. The NHTSA announced on February 4, 2010 that it was opening a formal investigation into the brake problems that were the subject of a number of complaints. Less than a week later, Toyota officially announced a recall of those vehicles. Unfortunately, the NHTSA was also asked back in November of 2009 to investigate the unintended acceleration problems with Toyota vehicles and declined to do so. Two months later, Toyota finally issued a recall for essentially that exact problem. In the meantime, numerous accidents and four possible deaths were attributed to unintended acceleration.

If you have suffered injuries as a result of an accident involving any of the numerous recalled vehicles, contact an experienced California personal injury and product liability attorney to discuss how you may be able to receive compensation for your injuries.

California’s Leading Accident Law Firm Can Help If You Have Been Injured In An Accident Related To A Defective Vehicle or Product. Please Call The Law Offices of Ledger & Associates at 1-800-300-0001 or visit us at www.ledgerlaw.com.

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Toyota attorney says Toyota may have known about problems earlier

Saturday, February 13th, 2010

With the third toyota recall in just under six months well under way, the owners of the eight million vehicles that have been impacted by the recall are starting to wonder exactly when Toyota knew about these safety defects and why something wasn’t done sooner. Along with the vehicle owners themselves, some fairly important people and organizations are asking questions about when Toyota became aware of the problems. Numerous watchdog groups are calling for answers as well as Congress. Toyota officials are expected to testify in front of the House Oversight Committee at the end of this month and further hearings in front of congressional committees are expected in the future

It turns out that the owners, the public and Congress aren’t the only people asking questions – or making accustations regarding Toyota’s knowledge. Most people would be surprised to learn that Dimitrios Biller, who was the automaker’s national managing counsel for its rollover cases from 2003 through 2007, filed a federal “whistle blower” suit against the giant automaker back in July of 2009 in Federal Court. Among other things alleged in his Complaint, Biller alleges that Toyota enaged in a conspiracy to obstruct justice for years by illegally withholding important documents in hundreds of product liability cases wherein Toyota was the Defendant. Additionally, Biller claims that Toyota misled the National Highway Traffic Safety Administration (NHTSA) in an effort to protect Toyota’s bottom line when the NHTSA was considering tougher regulations for increased roof strength. It may be years before Mr. Biller’s Complaint against Toyota is concluded in Federal Court. In the meantime, his accusations fuel the speculations that Toyota may have known about these safety defects for some time before they finally decided to recall the vehicles.

Now, just eight months after Mr. Biller’s complaint was filed, some eight million vehicle owners are faced with the knowledge that their vehicles have serious safety defects. Many of those vehicles have already been involved in accidents – some ending in serious injury or even death to the driver or occupants. Although product liability law is a very complex area of the law, one thing is clear – at the moment that Toyota knew that they had manufactured a defective product, they had an obligation to inform the public and repair or replace the product.

If you have suffered injuries as a result of an accident involving one of the recalled vehicles, seek the advice of an experienced California personal injury and product liability attorney immediately. Only an experienced California attorney can answer any questions you might have as well as assess the facts and circumstances of your specific case. If Toyota is responsible, in whole or in part, for injuries you have suffered, then you may be able to recover compensation for the damages you have suffered.

If you believe that one of the vehicles involved in the recent Toyota recalls is responsible, in whole or in part, for injuries you suffered in an accident, contact an experienced California personal injury and product liability attorney to discuss your options.

If you would like an experienced attorney to evaluate your case, contact the law offices of Ledger & Associates at 1-800-300-0001 or visit us at www.ledgerlaw.com.

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Who is responsible for Car Safety in the United States?

Saturday, February 13th, 2010

By: Toyota & Honda Recall Law Firm – Ledger & Associates

With Toyota announcing its third recall in less than six months, bringing the total number of vehicles involved to close to 8 million, many people may be asking “Who is responsible for investigating safety complaints made against automobiles in the United States?”. The short answer to that question is the National Highway Traffic Safety Administration (NHTSA).

NHTSA wears many hats, but all are related to automobile safety. The NHTSA sets safety standards for motor vehicles and associated equipment, investigates possible safety defects, assures that products meet safety standards and are not defective (through recalls if necessary), and tracks safety-related recalls. The agency also enforces regulations on fuel economy, odometer fraud, and vehicle theft.

NHTSA is responsible for setting new Federal motor vehicle safety standards and reviewing existing ones to determine if they can be improved. The agency also regulates modifications made to vehicles used by people with disabilities. In adopting or amending a safety standard, NHTSA proceeds through a multi-step process including research, countermeasures and testing to ensure compliance with the standard.

NHTSA is also responsible for investigating possible safety defects. The NHTSA learns of possible defects in many ways, but primarily through consumer complaints filed online or via telephone. In addition to consumer complaints, the 2000 Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act empowered NHTSA to expand sources of information on potential defects. In response, the agency developed the Early Warning Reporting system, which requires vehicle and equipment manufacturers to notify NHTSA of fatalities, injuries, property damage claims, consumer complaints, and safety campaigns that have come to their attention. If all available information indicates that the issue needs to be investigated, then NHTSA opens an official investigation. A petition can also be filed requesting that the NHTSA open an investigation. If the petition is granted then an investigation is opened. If it is denied, then the reasons for the denial are made public.

As you can see, the NHTSA is ultimately responsible for investigating safety complaints for the vehicles we drive, but they are dependant on the consumer or the manufacturer to register enough complaints to warrant an investigation. It is that very issue that has many Toyota owners in an uproar. It appears as though the NHTSA received hundreds of complaints concerning unintended accelerations on the vehicles that ultimately became the subject of the recalls. The question remains then…why did it take so long to recall these vehicles if the agency in charge of automobile safety was aware of a problem?

If you have been involved in an accident with a recalled vehicle, then you may be entitled to recover damages for any injuries you have suffered as a result of that negligence. Consult with an experienced California personal injury and product liability attorney immediately. Only an experienced attorney can evaluate your particular circumstances and advise you what your options may be to obtain compensation for your suffering.

If you have suffered injuries in an accident involving a recalled vehicle and would like an experienced attorney to evaluate your case, contact the law offices of Ledger & Associates at 1-800-300-0001 or visit us at www.ledgerlaw.com.

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