Posts Tagged ‘toyota recall lawyer’

Toyota Recall: Last Words from a Family Killed in a Lexus Accident

Saturday, May 1st, 2010

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.

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California Toyota Recall Attorney Explains the Difference between Toyota Economic Loss Cases and Personal Injury Cases

Thursday, April 29th, 2010

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.

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California Toyota Recall Attorney Discusses State versus Federal Class Actions

Wednesday, April 28th, 2010

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.

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Toyota Recall Update & Details

Tuesday, April 27th, 2010

On April 19, 2010 Toyota announced that it would conduct a safety recall voluntarily on about 9,400 2010 Lexus GX 460 sport utility vehicles in an effort to update the software that is contained in the vehicle’s Vehicle Stability Control system. Owners of other Scion, Lexus, or Toyota vehicles need not be concerned with this recall.

The Vehicle Stability Control system helps to control the loss of traction due to rear or front wheel slippage while cornering.

The objective of the recall is to provide an increased level of quality and safety, while surpassing or at least meeting all regulations of the government. Toyota engineers have preformed tests that have confirmed the Vehicle Stability Control performance problems that have been raised, and they are confident that the new update to the Vehicle Stability Control software redresses the concern.

The Vehicle Stability Control software update will be available to all of the numerous Lexus dealers throughout the country by April 31st. After the update to the software is available at dealerships, vehicle owners will be encouraged to bring their 2010 GX 460 to a Toyota dealer at their earliest possible convenience for a no cost update. The update should take about 1 hour depending on the work schedule of the dealer.

As soon as Toyota heard about this issue, Lexus dealers acted quickly to resolve the situation. These dealers will now reach out to customers personally to set up appointments to accomplish this modification. This will be yet another opportunity for Lexus dealers to demonstrate their exemplary customer satisfaction record.

Beginning in early May, Lexus dealers will begin mailing letters to GX 460 owners who are included in this recall. Lexus dealers will provide a courtesy vehicle to anyone who has purchased a 2010 GX 460 and may be concerned about driving it until the recall work has been completed.

In addition Toyota have also announced another voluntary recall of about 600,000 1998 to 2010 Toyota Sienna minivans in order to address any possible corrosion in the spare tire carrier cable.

This recall applies to 2WD minivans that are driven in colder climates that are subject to road salt usage and are equipped with a spare tire. Vehicles that are currently registered in Washington DC and numerous eastern and central states are affected.

The prolonged and continuous exposure to road salts can cause excessive corrosion of the carrier cable in some of these vehicles and may. Under such conditions, the cable could fail and the spare tire might become separated from the vehicle which would cause a road hazard for following vehicles which would increase the chances of an accident.

Toyota is currently working on a remedy for this condition. Meanwhile, Toyota is sending Sienna customers a notice that instructs them to bring their vehicle to a dealership for a free inspection.

Should a Toyota Sienna owner have already paid for repairs of their tire carrier cable as a result of this problem prior to receiving the notification from Toyota, Toyota has instructed the car owners to mail a copy of the repair order, Proof of payment and proof of payment to Toyota for consideration of reimbursement. If you have been injured by a recalled Toyota you may contact Attorney Emery Brett Ledger at www.ledgerlaw.com or 800-300-0001.

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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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Toyota Recall Lawyer Asks The Tough Question

Thursday, February 11th, 2010

Why did it take so long for Toyota to announce the recalls?

While everyone that owns one of the vehicles involved in the three Toyota recalls is undoubtedly grateful that the safety issues have finally been acknowledged and repairs are under way, many people are also asking why it took so long.

Toyota’s first recall was announced in October and covered almost 4 million vehicles. This recall has come to be called the “accelerator pedal entrapment” recall. In those vehicles, the accelerator pedal configuration appears to have been faulty and was getting stuck on the floor mats. Last month, Toyota announced a recall of another 2.3 million vehicles for yet another accelerator pedal problem. This time, the problem seems to be internal to the pedal itself. The pedal itself can be harder to depress, slower to return to the closed position or get stuck in a partially depressed position. Recall number three came just this week and is expected to impact about half a million more vehicles worldwide. The latest recall appears to be for a problem with the anti-lock brake system.

Serious questions begin to arise, however, with a simple check of the complaints filed with the National Highway Traffic Safety Administration (NHTSA). Complaints involving accidents where the accelerator pedal was to blame for unexpected acceleration go back as far as five years. For example, in August of 2006, one complaint states that their 2006 Prius accelerated to 90 m.p.h., careened through a small town, then a forest, flipped three times and eventually came to a halt in a river. The state police investigator determined that the accelerator pedal was to blame for the accident. Yet another complainant filed a complaint in January of 2008 stating that his 2006 Toyota Tacoma accelerated unexpectedly when he tried to stop at a red light causing him to hit the truck in front of him. Had he not crashed into the truck, he would have found himself barreling into an intersection at a red light and the damage could have been worse. Sadly, these stories are just two examples of many complaints filed regarding unexpected acceleration of Toyota vehicles.

As the inquires into the recalled vehicles continue, we can only hope that we will eventually have the answer to the question why it took so long to recall these vehicles and repair the problems. In the meantime, if you have been involved in an accident – either as the driver of a recalled vehicle or because you collided with a recalled vehicle – it may be in your best interest to contact an experienced California personal injury and product liability attorney. Regardless of how long it took Toyota to announce a recall, if they are wholly or partially responsible for injuries that you suffered as the result of an accident, they you may be entitled to compensation for those injuries. Only an experienced California attorney can evaluate the facts of your specific case and advise you whether you have a viable claim.

If you have been injured in an accident 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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Toyota Recall Lawyer Says Toyota Officials to Testify in Congress

Wednesday, February 10th, 2010

Due to the problems that Toyota has been facing over the last six months, Toyota officials have been called to testify before two House panels this month, and the Senate may schedule one as well. Due to a snow storm headed for the nation’s Capital, Congress decided to postpone one hearing scheduled for today until later this month. Experts agree that Toyota has a lot to explain and much at stake during the upcoming hearings.

Toyota officials will be testifying in front of the House Oversight Committee at the February 24th hearing. Toyota’s President of North American Operations, Yoshimi Anaba, is expected to face questions regarding the problems with both the gas pedal that prompted the first two recalls as well as inquiries regarding the brake problems on the 2010 Prius and 2010 Lexus that prompted the latest recall. Toyota is expected to be required to produce records documenting consumer complaints in an effort to determine when Toyota became aware of the problems. Officials from the National Highway Traffic Safety Administration (NHTSA) are also expected to testify and answer questions regarding why they claim they did not have the resources to investigate complaints about the Toyota accelerator pads.

Toyota officials are also scheduled to testify at a hearing of the House Energy and Commerce Committee the following day – February 25th. One possible focus of that hearing will be accusations that Toyota has responded differently to media questions regarding their culpability than they responded to committee staff. More disturbing are questions about exactly when Toyota became aware of the accelerator complaints. It appears as though they may have known about complaints originating from the United Kingdom as early as last April or May.

While all of us appreciate the efforts being made by Congress to hold Toyota accountable for any negligence on its part, as we all know that process may be lengthy to say the least. For many consumers, they have already suffered damages as a result of Toyota’s negligence. Toyota stock has fallen leaving stockholders without much anticipated profits. The resale value of Toyota vehicles has gone down at least 3 percent according to the Kelly Blue Book and may drop even further. The number of accidents reported involving recalled vehicles continues to climb. Numerous injuries and even fatalities have been blamed on one or more of the recall issues. Worst of all – investigations appear to continue into other possible issues. As of this writing, certain years of the Toyota Camry and Corolla appear to have a problem with the power steering system and owners of earlier year Camrys are complaining that their vehicles have the same brake problem that the recalled 2010 has.

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.

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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