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Lieff Cabraser represents people injured in truck, car, SUV and other vehicle accidents. Click here to submit your case.



 

Video clip: When the Lin family Toyota flew off the road, Mr. Lin suffered grievous injuries rendering him quadriplegic. He now requires 24-hour care and will never work again.

VIDEO

When the Lin family Toyota flew off the road, Mr. Lin suffered grievous injuries. His daughter Jessica explains that he now requires 24-hour care and will never work again.



 

Toyota and Lexus Recall, Sudden Acceleration Accidents & Lawsuits

March 2010 Update -- Owners Say Toyota Recall Repairs Aren't Working

On March 5, 2010, the Los Angeles Times reported that more than 60 drivers have complained of sudden acceleration incidents despite the fact that their cars were repaired by Toyota Motor Corp. in the current recalls, according to new data released March 4th. The latest figure, released by the National Highway Traffic Safety Administration, significantly increases the total number of complaints involving repaired vehicles, which was less than 10 on Tuesday. Read the full story on the LA Times website.

February 2010 Update

On February 22, 2010, members of the House Energy and Commerce Committee charged that Toyota had relied on a flawed study in dismissing the notion that computer issues could be at fault for sticking accelerator pedals, and then made misleading statements about the repairs. The comments, from Henry A. Waxman, the committee's chairman, and Bart Stupak, a subcommittee chairman, came in an 11-page letter to James E. Lentz III, the president of Toyota Motor Sales U.S.A.

Also in February 2010, Congressional investigators announced they are are expanding their look into the large recall of Toyota vehicles by examining whether the sudden acceleration problems affect other models, suggesting as well that all Toyota vehicles be retrofitted to avoid the problem.

Toyota Recalls

To date, Toyota has recalled over 7 million vehicles in the U.S. due to the danger of unintended and sudden acceleration. This includes Toyota vehicles that have been recalled due to stuck gas pedal and those recalled due to faulty floor mats. The National Highway Traffic Safety Administration has called the Toyota acceleration problem "a serious safety issue."

Toyota vehicles recalled a wide range of recent models, including the Highlander, Corolla, Venza, Matrix, Camry, Avalon, Tacoma, RAV4, Sequoia and Tundra, as well as the Lexus ES 350, Lexus IS 250 and IS 350 and earlier Prius models. Read the complete list of current Toyota vehicle recalls.

Has Toyota Actually Identified the Reason Its Vehicles are Suddenly Accelerating?

Since 2002, there have been multiple government investigations and over 2,000 consumer complaints of unintended acceleration of Toyota vehicles. Only in 2010, did Toyota apparently acknowledge the full scope of the problem. As stated in the New York Times,

"At almost every step that lead to its current predicament, Toyota underestimated the severity of the sudden-acceleration problem affecting its most popular cars. It has veered from discounting early reports of problems to overconfidently announcing diagnoses and insufficient fixes."

Toyota claims it has developed a fix to the gas pedal of its vehicles that will stop sudden acceleration. However, the manufacturer of the pedal denies it was defectively made. Of the 2,000 complaints of sudden acceleration, just 5% blamed a sticking gas pedal. Nor did any of the government investigations into sudden-acceleration problems in Toyota vehicles identify a sticking pedal as a potential cause.

Toyota Sudden Acceleration Lawsuits

Lieff Cabraser represents injured persons nationwide and families of loved ones who died in Toyota sudden acceleration accidents. You can read a copy of the complaint we filed in the February 2010 case of Chin Lin v. Toyota.

Since 2002, the electronic throttle system in most Toyota vehicles, including cars that Toyota has to date refused to recall, relies on sensors, microprocessors and electronic motors instead of a mechanical linkage, such as steel cable, to connect the accelerator pedal to the engine throttle plate.

"Millions of Toyota vehicles were not equipped with a safety feature, known as 'brake-to-idle' override, that enables drivers to override the electronic throttle and control the vehicle in the event of a sudden unintended acceleration," stated Lieff Cabraser attorney Robert J. Nelson. "This safety feature is used by other automotive manufacturers. Toyota's failure to incorporate it played a direct role in the deaths and injuries of scores of persons across America."

Donoghue Toyota Prius After Accident
[The above photo shows the exterior of a 2006 Toyota Prius owned by the Donoghue family of Holdredge, Nebraska after it suffered a sudden acceleration accident that killed John Donoghue and severely injured Jacquelyn Donoghue. Lieff Cabraser is representing Ms. Donoghue]

Why Toyota is Liable

In the lawsuits filed against Toyota by Lieff Cabraser's clients, the plaintiffs charge that:

  • Toyota had full knowledge of the numerous complaints regarding its vehicles, that such vehicles were susceptible to incidents of sudden unintended acceleration, and thus that such vehicles posed a significant risk of injury and death to vehicle occupants, other motorists, and pedestrians;
  • Toyota failed to exercise ordinary care and breached its duty to manufacture and sell safe automobiles by:
    1. producing vehicles Toyota knew or should have known were defectively designed and/or manufactured and were therefore prone to failure under normal driving conditions, potentially causing injuries and/or deaths;
    2. failing to incorporate within its vehicles and designs reasonable safeguards and protections against sudden acceleration; and
    3. failing to adequately identify and mitigate the hazards associated with sudden unintended acceleration in accordance with good engineering practices.

Toyota Recall Attorneys | Lawyers

Persons injured in accidents involving Toyota and Lexus vehicles that suddenly accelerated who would like to learn more about their legal rights are welcome to contact an attorney at Lieff Cabraser by clicking here.

You may also call us toll free at 1-800-541-7358 and ask to speak to attorney Todd Walburg. There is no charge or obligation for our review of your case.

Graphic: acceleration and gear defects
 

Read the complete list of Toyota vehicle models recalled and/or for which Toyota has suspended sales.

 

Contact a personal injury lawyer at Lieff Cabraser about your Toyota sudden acceleration injury case.

 

Canadian Toyota owners:

Canadian FlagPlease visit the Toronto-based law firm of Rochon | Genova, the law firm representing Canadians in Toyota recall litigation.

 

OUR PROMISE TO YOU

  • Our lawyers have years of experience successfully representing clients in personal injury cases.
  • There is no charge or obligation for our review of your case.
  • In death and serious injury cases, we are pleased to visit you where you live, at no cost, to discuss your legal rights and answer your questions.
  • We have retained automotive safety and medical experts nationwide to assist our clients with their claims.
 
 
 
About Lieff Cabraser

Lieff Cabraser Heimann & Bernstein, LLP, is a national plaintiffs' law firm of over 50 lawyers with offices in San Francisco, New York and Nashville. Our attorneys are recognized for the successful prosecution of lawsuits involving deaths, personal injuries and property damage due to defective products, including dangerous and defective vehicles.

In 2007, in Mraz v. DaimlerChrysler, Lieff Cabraser attorneys, with local co-counsel, obtained the fourth-largest verdict in California for the year. At trial, plaintiffs showed that a defective transmission was responsible for making a Dodge Dakota pickup shift into reverse and run over Richard Mraz.

To learn more about the firm, click here.

 
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