Auto Product Liability

From June 8-10, the Commercial Vehicle Safety Alliance (CVSA) conducted its 2010 Roadcheck, inspecting approximately 65,327 trucks and buses at 2,482 locations throughout North America. According to the CVSA, over 9,856 certified inspectors participated in the 72-hour Roadcheck examination of commercial vehicle brakes, tires, lights, and every other major truck or bus component. Drivers’ commercial driver’s licenses, medical examiner’s certificates, and records of duty status were also examined.

Although this commercial vehicle safety campaign has occurred every year since 1988, roadside inspections take place every day throughout the United States to help prevent serious injury or fatal auto accidents. In 2009, over 3.8 million inspections were conducted to help enforce truck and bus safety standards and regulations.

Federal Motor Carrier Safety Administration (FMCSA) Administrator, Anne S. Ferro, stated, “Roadcheck has once again successfully reinforced the critical importance of safety, compliance, and crash prevention – lives depend on both safe and well maintained trucks and safe and well trained drivers.”

With Brake Safety Week scheduled for September 12-18, the CVSA hopes that more commercial drivers, governments, industry associations, owner-operators, and motor carriers will take part in actively maintaining and inspecting brakes for potential defects. In the 2010 Roadcheck, brake-related defects accounted for half of all out-of-service violations, which was consistent with the results from prior years.

While manufacturing defects and maintenance issues pose serious risks for occupants of any vehicle, defective or faulty vehicle components in large commercial trucks and buses are especially dangerous. Cases involving auto product liability or commercial vehicles are often highly complex and require significant experience to litigate. At Panish Shea & Boyle LLP, our aggressive and skilled California auto product liability lawyers and commercial vehicle accident attorneys have obtained numerous successful jury verdicts and settlements for injury victims and family members of wrongful death victims. As a nationally recognized Plaintiffs’ law firm, we have the necessary legal resources to develop a strong and effective case on your behalf. Contact our firm today for a free consultation by calling 877-800-1700.

According to a San Luis Obispo Tribune article, a jury has awarded $15 million to the parents of two daughters who both died in a fiery crash in 2004. Plaintiff’s experts found that, due to a power-steering fluid leak, the daughter who was driving the vehicle lost steering ability, causing the accident. The wrongful death lawsuit was filed against Enterprise Rent-A-Car and its corporate parent, who acknowledged prior to trial that they were negligent and that “their negligence was the sole proximate cause of the fatal injuries”.

The Chrysler PT Cruiser that the two daughters rented from Enterprise had been included in a safety recall only a month before the fatal crash. The recall notices declared that the power steering hose in 435,000 PT Cruisers from 2002 through 2005 could leak and cause a vehicle fire. Enterprise’s records demonstrated that the company did not repair the power steering problem in the PT Cruiser rented by the two daughters. Moreover, the same vehicle had been rented four times after the recall was announced – the fourth rental was to the daughters.

When wrongful death accidents are caused by another person’s negligence, whether the party responsible is a reckless driver or the manufacturer of a defective vehicle, family members of victims may seek compensation for their losses.

The California wrongful death lawyers at Panish Shea & Boyle LLP have obtained numerous multi-million dollar settlements and verdicts for family members who have lost loved ones due to negligent drivers, automotive defects, tire defects and other types of negligence. The firm’s attorneys have been recognized among the 100 Most Influential Lawyers in California, as Trial Lawyer of the Year by various organizations, and consistently by Super Lawyers® and Best Lawyers® publications. With its experience and success record, you can rely on Panish Shea & Boyle LLP to help you through the legal process. Call our nationally recognized plaintiff’s law firm today at 877-800-1700 for a free consultation.

General Motors Co. has announced the recall of 1.5 million vehicles due to a problem with the heating mechanism on several windshield cleaning systems that may present a vehicle fire hazard. According to a Los Angeles Times report, the automaker is expected to provide vehicle owners with $100 and turn off the heating mechanism within the system that releases cleaning fluid onto the windshield.

Vehicles affected by the GM recall include:

• Buick Lucerne, Cadillac DTS, Hummer H2 (2006-2009 Models)
• Buick Enclave, Cadillac CTS (2008-2009 Models)
• Cadillac Escalade, Escalade ESV, Escalade EXT, Chevrolet Avalanche, Silverado, Suburban, Tahoe, GMC Acadia, Sierra, Yukon, Yukon XL; Saturn Outlook (2007-2009 Models)
• Chevrolet Traverse (2009 Model)

The recall may cost GM up to $150 million since the automaker cannot fix the defect within the heated cleaning fluid distribution system; instead, GM can only disable it. While some fire incidents may have gone unreported, the National Highway Traffic Safety Administration reports that it is not currently aware of any injuries, accidents, or deaths caused by the GM heating mechanism defect. However, NHTSA validates the serious risk of fire presented by these models if the system is not disabled.

The importance of an automaker’s timely response regarding vehicle defects and recalls cannot be stressed enough. But why do these automobile flaws occur in the first place? Regardless of the reasons, if an accident or fire occurs due to a defective vehicle component, injured victims may seek compensation for expenses associated with their injuries.

The aggressive and skilled Los Angeles auto product defect attorneys at Panish Shea & Boyle LLP have extensive experience in personal injury and product liability litigation. The plaintiff’s firm obtained the largest product liability judgment in American judicial history against General Motors after members of a family sustained serious burn injuries when a car fuel tank exploded. To learn more about Panish Shea & Boyle’s successful auto product liability track record, please visit www.psblaw.com or call 877-800-1700 for a no-cost consultation regarding your potential auto defect injury case.

A recent CBS News article reports that the United States Transportation Department has released updated consumer complaints connecting 52 deaths to Toyota sudden acceleration dating back to incidents from the year 2000. The government had previously announced receiving allegations of 34 deaths due to unintended acceleration in Toyota vehicles in incidents that had occurred over the last ten years. The updated figure on fatalities caused by Toyota acceleration issues was announced during a Senate hearing on March 2, 2010 regarding the immense 8.5 million Toyota models recalled.

As more and more people realize that sudden acceleration may be to blame for past Toyota auto accidents, we can expect the number of serious injuries and deaths to continue to rise. Meanwhile, in the latest development in this tragic soap opera, three Toyota executives and Transportation Secretary Ray LaHood are scheduled to address a Senate panel, in what will be the third congressional hearing within a week’s time regarding the monumental recall.

As consumers, we expect the vehicles we purchase to be safe and free of defect that may potentially inflict harm. However, as the recent Toyota recalls demonstrate, auto manufacturers may rush the design and production of their vehicles, putting profits before the safety of those purchasing their products. As the death and injury toll continues to rise as more accident victims and family members reflect on the Toyota accidents that have seriously affected their lives, it is uncertain how many more catastrophic auto accidents involving recalled Toyota models are likely to be connected to acceleration problems.

The Toyota accelerator defect injury lawyers at Panish Shea & Boyle LLP will continue to monitor the latest in Toyota recall news as well as the outcome of government panels and investigation of consumer complaints. Our experienced auto product liability attorneys are currently handling cases for those injured in accidents involving recalled Toyota vehicles and are prepared to assist you if you or someone close to you suspects that a gas pedal defect caused an injury or fatal collision. For more information regarding your potential case and how Panish Shea & Boyle LLP may be able to help you receive the compensation you deserve for your injuries or losses, please call 877-800-1700 or visit www.psandb.com to schedule a free consultation and evaluation.

Source:http://www.cbsnews.com/stories/2010/03/02/business/main6258603.shtml

According to a Los Angeles Times article, a new federal safety regulation announcement reveals that at least 34 people have been killed within the last decade in Toyota auto accidents involving vehicles that allegedly accelerated out of control. Since the initial reports of 13 fatalities connected to the gas pedal issue were made public and the Toyota recall list was announced, the number of official motorist complaints’ filed has dramatically increased. These additional complaints of unintended acceleration have been pouring in to federal regulators and it is uncertain how many more incidents will be reported when all is said and done.

The new fatality report from the National Highway Traffic Safety Administration (NHTSA) includes 13 deaths reported since January 27, 2010, which was the day after Toyota put a hold on the sale and production of eight of its auto models in the United States. This was done in order to fix gas pedals that the automaker said can stick and cause unintended acceleration. Most of the reported incidents of fatal acceleration took place between 2003 and 2009, according to an analysis of the data by The Times. In addition, The Times found that all but one of the fatalities reported to NHTSA by motorists in 2010 actually took place in previous years. Some incidents even go back as far as 1992.

The complaints filed with NHTSA display accounts of Toyota and Lexus vehicles suddenly accelerating forward, colliding with other vehicles, buildings and pedestrians. Federal regulators reported that 22 people have been injured from Toyota unintended acceleration accidents, with injuries ranging from bruises and lacerations to a woman who was left in a coma due to a crash. A spokeswoman for the NHTSA stated, “It is normal for NHTSA to receive an increase in consumer complaints after a recall is announced…The agency is quickly gathering more data on all of these additional complaints to help guide our examination of sudden acceleration…as well as other safety issues.”

Toyota has resumed sale and production of the eight models that were previously put on hold to fix the gas pedal issue. Dealers are in the process of installing shims on gas pedals to fix what is being called a defect that could make the accelerator pedal stick.

The experienced Toyota gas pedal recall attorneys at the reputed personal injury law firm of Panish Shea & Boyle LLP are currently representing severely injured people in unintended acceleration accidents involving Toyota and Lexus vehicles. If you or someone you care about has been injured in a car accident with one of the recalled Toyota autos, our skilled auto product liability lawyers can help. Call Panish Shea & Boyle LLP today at 800-591-8116 to schedule a free case evaluation.

Source:http://www.latimes.com/business/la-fi-toyota-deaths16-2010feb16,0,481821.story?track=rss&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+latimes%2Fmostviewed+%28L.A.+Times+-+Most+Viewed+Stories%29

After an ABC News’ report that discussed incidents of Toyota vehicles random acceleration, some of which involved wrongful deaths, the automaker has stopped sales of eight of its most popular models. Dealerships across the United States have been told to suspend sales of the following models:

• RAV4, Corolla, Matrix (2009-2010 Models)
• Avalon (2005-2010 Models)
• Highlander (2010 Model)
• Tundra (2007-2010 Models)
• Sequoia (2008-2010 Models)
• Camry (certain 2007-2010 Models)

The announcement of vehicle sales being stopped comes after ABC News told Toyota that they were about to broadcast the latest in a long series of investigative reports on the acceleration issue and resulting injuries and fatalities. Toyota recently announced a new recall on January 21, 2010 due to gas pedals sticking and being unrelated to floor mats in which some vehicles overlapped from the 2009 recall.

While Toyota investigates the problem with gas pedals becoming stuck, even without a floor mat being present, production has been halted at five different factories. According to an abcnews.go.com article, federal safety investigators have joined in the examination of the gas pedal mechanism to help find a solution to the unexplained and sudden accelerations taking place. Since last fall, when Toyota claimed to have fixed the acceleration problem with a recall of 4.2 million vehicles with supposedly defective floor mats, over 60 new cases of runaway cars have been reported. Although Toyota denied reports of possible electronic problems or on-board computer issues, the proposed redesign of the accelerator pedal did not stop the occurrence of runaway vehicles.

If you have been injured or if someone close to you has been wrongfully killed due to a runaway vehicle or acceleration problem, the skilled Toyota accelerator defect injury attorneys at Panish, Shea & Boyle, LLP can help. The auto product liability lawyers at Panish, Shea & Boyle, LLP have years of experience in personal injury and wrongful death litigation. Contact them today to learn more about your legal rights and options regarding defective auto parts. Call 1-800-591-8116 today to schedule a case evaluation.

Source: http://abcnews.go.com/Blotter/RunawayToyotas/toyota-recall-suspends-sales-models-accelerator-pedals-sticking/story?id=9669621

Separate from the continuing recall of 4.2 million Toyota and Lexus vehicles, Toyota announced a new recall on January 21, 2010 of 2.3 million vehicles for gas pedals becoming stuck without the presence of floor mats. The issue in the previous recall was attributed to loose floor mats; however, the problem with some of those vehicles may be connected to a flawed design of a computerized engine control system without emergency override. As a result of some vehicles suddenly accelerating out of control with or without a floor mat, several individuals have been killed or seriously injured. Toyota said there is an overlap of 1.7 million vehicles that are on the new and on-going recall list.

According to a money.cnn.com article, the new recall relates to certain accelerator pedal mechanisms mechanically sticking in a moderately depressed position or not returning to the idle position quickly enough. Although Toyota has said that this situation is rare, it may occur in worn accelerator pedal mechanisms or gradually over time.

As Toyota determines a solution to the gas pedal problem, owners have been told that they can keep driving their vehicles. In the event of the gas pedal sticking, drivers should apply force firmly and steadily upon the brakes instead of pumping the brakes. Vehicle owners with any questions can call the Toyota customer service line at 800-331-4331. The vehicles affected by the new recall include: 2009-2010 Toyota Rav4, Corolla, Matrix, 2005-2010 Avalon, 2007-2010 Camry, 2010 Highlander, 2007-2010 Tundra and 2008-2010 Sequoia. The Camry Hybrid is not included in the new recall.

Anyone who has been injured or lost a loved one in a car collision caused by a fixed accelerator while driving one of the Toyota models mentioned above should contact the Los Angeles Toyota gas pedal recall lawyers at Panish, Shea & Boyle LLP. Their California auto product liability attorneys may be able to help you recover financial damages for your losses. Contact the California personal injury law firm of Panish, Shea & Boyle LLP today for a consultation.

Source:http://money.cnn.com/2010/01/21/autos/toyota_recall/

After several reports of Toyota vehicles undergoing unintended acceleration, and a resulting  recall of practically four million autos, Toyota has announced that it will install brake override systems by the end of 2010 in all new Toyota, Lexus and Scion vehicles. According to a U.S. News & World Report article, starting this month in January, the Toyota Camry and Lexus ES350 will be the first models to receive the new brake override system.

AutoWeek reported that the new brake override software system will operate by shifting the engine to idle if it detects the driver is trying to apply the brakes without success. The new system will only work for new vehicles. This leaves existing vehicles affected by the Toyota accelerator recall to only have the option of replacing their floor mats and accelerator pedal with a reshaped one.

Although Toyota claims that these incidents were caused by defective floor mats becoming stuck under accelerator pedals, the National Highway Traffic Safety Administration has determined that the floor mats were not necessarily the only problem. Auto manufacturers have the responsibility of not only accurately designing vehicles, but also ensuring that automobiles are properly manufactured and placed on the market without any defective components that may inflict harm upon motorists or passengers.

At Panish, Shea, & Boyle, our experienced automotive defects attorneys understand the serious repercussions of defective auto parts and vehicle recalls. Although many auto recalls help protect consumers, a substantial amount of them occur only after innocent people have been hurt or killed because of the recalled product. If you or a loved one has been affected by these dangerous acceleration pedals or any other auto part defect, please call Panish, Shea & Boyle to find out how we can help. Call 800-591-8116 for a free consultation or visit our website www.psandb.com to learn about our many successful automotive defect settlements and verdicts.