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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Thursday, April 22nd, 2010
Toyota Motor Corporation said Monday that it will not contest the record $16.4 million dollars in fines levied by United States safety regulators because the company did not inform the proper authorities as soon as it knew of problems with defective accelerator pedals in a number of its cars. The fines are the result of controversy surrounding the 8.5 million-and growing-Toyota made vehicles that have been recalled in the last year. As you may be aware, the recalls started last fall with the first recall prompted by the runaway Lexus SUV that killed all four occupants in San Diego. That recall was followed by recalls number two and three in December and February. In total, over 8.5 million vehicles have been recalled and Toyota has just announced additional recalls.
Since the original round of recalls, lawmakers, regulators and advocates have been speculating about exactly when Toyota knew about the defective parts. Under United States law, a manufacturer must make a good faith effort to find any defective parts and must report those defects that it finds immediately. They must also repair or replace any defective parts. Many critics have questioned when Toyota became aware of the problems and have asked why nothing was done sooner. The record fine – while not an admit ion of guilt on the part of Toyota – says a lot to some people.
There have been at least 50 deaths attributable to the Toyota defects and hundreds of accidents. At last count the number of lawsuits filed in the United States against the automotive giant was approaching 100. The fine Toyota has agreed to pay may be just the tip of the iceberg as far as the financial cost of the defects. Under the laws of negligence as applied in California, if you were involved in an accident in which a Toyota manufactured vehicle was responsible for the collision, you may be entitled to financial compensation for the injuries you sustained in the accident.
Under the laws of negligence, if a person, or entity, is responsible for damages that you have suffered, then they must compensate you for those damages. Much of the time, this involves a negligent driver in a car accident. It can, however, be a company that is the negligent party. If a defective part in a vehicle was the cause, or part of the cause, of an accident, then that may be considered negligence on the part of the company that manufactured the part.
What this may mean for you, if you were injured in an accident involving a Toyota manufactured vehicle, is that you may have a legal claim against Toyota for injuries that were caused by the accident. The only way to know whether you have a valid personal injury lawsuit is to consult with an experienced California personal injury attorney. The laws of negligence are very complicated and made even more so when a large corporation is involved. If you would like a free detailed evaluation of your potential personal injury claim, please contact personal injury attorney Emery Ledger of Ledger & Associates. He can be reached at 1-800-300-0001 or you may visit his website at www.ledgerlaw.com
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Sunday, February 28th, 2010
Minnesota Man May be Innocent After All by way of “Toyota Defense”. The causation of thousands of vehicle accidents, some of them which have resulted in criminal charges, is now at hand.
With the list of vehicles included in the recent Toyota recalls continuing to grow, the effects of the recalls are being felt far and wide. Most of us have heard about the San Diego accident last Fall that finally precipitated the first official recall. Four people tragically lost their lives as their Lexus sped down the road reaching speeds of over 100 miles per hour before tragically ending in the death of all four occupants. As it turns out, that may not have been the biggest Toyota tragedy.
In June of 2006, Koua Fong Lee, 32, was driving his 1996 Camry when he suddenly sped up an interstate ramp at 90 miles per hour and plowed into the rear end of an Oldsmobile killing all three occupants. At the time, Lee claimed that he did everything he could to stop the car but was unable to. In 2007, a Minnesota jury sent the young man to prison for eight years. At the time of the accident, Lee claimed that he tried using the brakes, but wasn’t able to stop the car. During the trial, the brakes on his Camry were investigated but found to be working fine. Now, in light of the recent Toyota “stuck floor mat recall” and the “sticky pedal recall”, new questions about his conviction are being raised. Lee has maintained all along that he was not to blame for the accident. “I know 100 percent in my heart that I took my foot off the gas and that I was stepping on the brakes as hard as possible. When the brakes were looked at, and we were told that nothing was wrong with the brakes, I was shocked”. At the time of his sentencing, the family members of the victims testified against him and asked that he be sent to prison. In light of the new information regarding defective vehicles, they have now changed their minds and are supporting Lee’s attempt to re-open his case.
Lee’s 1996 Camry was manufactured prior to the dates listed for the vehicles on the recall lists, however that doesn’t mean that his car wasn’t manufactured with a defective part. A check of the complaints filed with the National Highway Traffic Safety Administration (NHTSA) shows that there are 20 complaints filed for the 1996 Camry under the general “vehicle speed control” designation. These complaints start all the way back in 1996 and consistently list problems that sound eerily familiar at this point. It is, sadly for everyone involved, entirely possible that Mr. Lee did do everything he could to stop his vehicle that fateful day back in 2006. Furthermore, he may have spent the last three years in prison for someone else’s negligence. Luckily, his vehicle is still available for re-inspection and the prosecutor is backing his request for everyone to take a new look as his conviction.
If you have been involved in an accident and feel that a defective part played a part in the accident, then seek the advice of a California product liability and personal injury lawyer immediately. If you were injured in the accident, then you may be entitled to compensation for your injuries. If you were operating the potentially defective vehicle, then you may also have a legal course of action against the manufacturer. The experts at Ledger & Associates are available at 1-800-300-0001 or online at www.ledgerlaw.com to assist you.
Tags: brakes, camry, causation, conviction, criminal charges, defective vehicles, family members, floor mat, lexus, miles per hour, minnesota man, occupants, rear end, toyota, toyota crash, toyota victims, tragedy, vehicle accidents
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