Auto Product Liability

The Orange County Register reports that two complaints have been filed in federal court in Santa Ana, California against Toyota, alleging that the automaker overlooked serious defects that caused sudden, uncontrolled acceleration of its vehicles. Plaintiffs’ attorneys involved in the lawsuits allege that Toyota was aware since 2004 of the fact that its automobiles with electronic throttle control systems had a significantly higher rate of complaints for sudden acceleration than its vehicles with mechanical controls. Moreover, the suits claim that Toyota neglected to install a brake override system that would allow drivers to stop safely if such unexpected acceleration took place.

One of the lawsuits seeks class-action status for millions of Toyota owners for economic loss resulting from potential drops in their vehicles’ values due to the recalls. The other is a personal injury lawsuit filed on behalf of a woman who claims that she was injured due to the sudden acceleration of her Prius in April. About 300 lawsuits claiming economic loss are part of the consolidated federal case pending in Santa Ana. A few dozen other cases against Toyota pending before the court are for personal injury or wrongful death claims relating to accidents involving Toyota vehicles. Additional lawsuits making similar claims have been filed against Toyota in state courts throughout the country.

The complaints also claim that government regulators failed to fully investigate driver complaints regarding Toyota sudden acceleration and that Toyota executives tried to limit the National Highway Traffic Safety Administration’s probes into potential problems with vehicles’ electronic throttle controls. Instead of addressing the likelihood that a defective electronic throttle control system may have been causing incidents of sudden acceleration, Toyota claimed that floor mats and sticky accelerator pedals were to blame. One memo even suggests that Toyota was aware as early as 2007 that other auto makers were utilizing safety features to prevent sudden acceleration, yet it did not implement similar tactics.

The California auto product liability lawyers at Panish Shea & Boyle LLP are currently involved in litigation against Toyota, and one of the firm’s attorneys serves on the Plaintiffs’ Liaison Counsel Committee for Personal Injury/Wrongful Death cases pending in federal court. Our attorneys are committed to obtaining full and just compensation for those who have been injured in accidents caused by defective Toyota vehicles and other faulty automobiles. To learn more about how we can help with your case, please call 877-800-1700.

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.