The Prius investigation is the third in a string of product defect recalls which are tarnishing Toyota's reputation for safety and reliability. On top of that, it seems that Toyota has been less than forthright about the problems in its cars. According to CNN (February 4, 1010), "Toyota has known about brake problems in its popular Prius cars for some time, going so far as to fix it in new production vehicles, but has kept Prius drivers in the dark about the problem until the Japanese government called for an investigation."  And the sticking gas pedal was first blamed on floor mats, and then later extended to the mechanics of the pedal itself. The Federal government has now demanded that Toyota demonstrate that the problem isn't more serious, and that it does not include other parts of the throttle control systems. Defects relating to the gas pedals have been linked to several wrongful deaths.

U.S. Transportation Secretary Roy LaHood set off a brief panic on February 3rd when he said owners of the defective Toyotas should "stop driving them."  He later clarified his statement, saying instead that owners should have them repaired as quickly as possible.

NHTSA itself has been criticized for its slow response to consumer complaints about Toyota acceleration problems, some of which date back to 2003. According to Joan Claybrook, a former head of NHTSA, several investigations were opened, then closed based upon information provided by Toyota. According to NPR, she said, "I think as a result, some people have been killed and injured that wouldn't have otherwise." (NPR, Feb 4, 2010.) 

Consumer Alert

This week Toyota finally began shipping replacement parts to dealers for the gas pedal recall. Checks with some dealers in Massachusetts revealed that free rental vehicles are available. If the dealer does not have the part, it should still provide you with a free car should you choose to leave it at the dealer for repair. Many Massachusetts consumers are rightfully fearful that their car could be involved in a motor vehicle accident.

The same courtesy should apply to the defective Prius models, and consumers should feel free to demand that the dealer provide them with a safe, alternative vehicle until their cars are fixed.

Affected Vehicles 

If you or a loved one has suffered a personal injury caused by a defective Toyota, contact an experienced product liability attorney as soon as feasible. The defective vehicle should be preserved, unaltered, for later safe inspection. Please call us, toll-free, if you have any questions. 800-379-1244.

Toyota announced the voluntary recall last Thursday, which includes about 2.3 million vehicles, "to correct sticking accelerator pedals on specific Toyota Division models."  The sticking pedals may fail to return, or return slowly, to the idle position, causing the cars to accelerate or maintain a high speed unexpectedly.

The recall comes after a recall on floor mats in September 2009 affecting 3.8 million vehicles. That recall was found to be insufficient to solve the accelerator problems. Investigators realized the product defect included more than just the floor mats after a family of four suffered wrongful deaths when their Avalon crashed into a lake. The floor mats were discovered in the trunk of that car.

In November 2009, the National Highway Traffic Safety Administration (NHTSA) called the removal of the offending floor mats an interim measure only, and said, "This remedy does not correct the underlying defect in the vehicles involving the potential for entrapment of the accelerator by floor mats, which is related to accelerator and floor pan design."

Unfortunately, Toyota has not yet proposed a plan to fix its millions of defective vehicles.

Massachusetts consumers who experience gas pedal problems are advised to apply firm pressure to the brake, and to pull off the road as soon as that can be done safely. The car should not be driven. In an emergency, the car can be put into neutral or the key turned to off. Push-button start controls can be turned off if the button is depressed for several seconds.

Models affected by the recall include:

• 2009-2010 RAV4


• 2009-2010 Corolla


• 2007-2010 Camry


• 2009-2010 Matrix


• 2005-2010 Avalon


• 2010 Highlander


• 2007-2010 Tundra


• 2008-2010 Sequoia.

Toyota customers affected by this recall should call the Toyota "Customer Experience Center" at 1-800-331-4331 with questions or concerns.

There are several important steps that must be taken immediately if a defective product is suspected of causing an injury or death. The product must be preserved and not disassembled or disposed of. You should promptly seek legal assistance from an experienced product liability attorney to insure prompt investigation of the scene of the accident and to contact witnesses. Notice should be given to insurance companies and to the seller(s) and manufacturers of the product and relevant component parts.

Please contact the lawyers Breakstone, White & Gluck if you have been injured by a defective Toyota or other defective product. We have decades of experience in these types of cases, and will provide a free consultation. Call us toll free at 800-379-1244. We look forward to assisting you.

First, try to avoid driving in bad winter conditions.  If driving is necessary, try to drive during daylight hours only, plan ahead to avoid rushing, and wait until snow removal crews have eased road conditions.  Check wiper blades and tires and make sure they are suited for winter driving conditions.  Also, if you are traveling far from home, equip vehicles with a winter emergency kit including blankets, food, water, matches, candles, flares, sand for traction, and jumper cables.

Seat belts can save lives but only if they are worn properly.  A properly fitting seat belt will fit tightly across the lap, snugly across the chest, and will cross at the shoulder.  A seat belt should never cross at the neck or back  Seat belts with lap restraints only are ineffective and should be avoided.  An improperly fitting belt can actually make personal injuries worse. Heavy jackets will intefere with proper seat belt operation and should be avoided or removed once the car is warmed up.

Pedestrians face special problems since sidewalks are not always plowed and it may be necessary to walk in the street. One should walk facing the traffic in order to be able to observe the approaching traffic--and to take evasive action if necessary. At night, lightly colored clothing is important. Motorists need to be especially aware of pedestrians and even bicyclists during the winter months. Massachusetts General Laws c. 89, Section 14 requires motorists to slow when approaching pedestrians or bicyclists, and to pass only when it is safe to do so.  

Finally, focus on safe and strategic driving.  Stay at least nine car lengths behind the vehicle ahead to allow plenty of room to stop.  Unless you have anti-lock brakes, If brakes begin a lock, ease off the brake.  Be aware that bridges and overpasses freeze before the road.  To regain control of a vehicle if rear wheels begin to skid, ease off the gas and steer in the direction the car should go.  If the car starts to go too far in one direction, keep steering opposite ways until the vehicle is under control.  If the front wheels are skidding, ease off the gas and let the vehicle slow down until traction is regained.  If stuck in the snow, do not hit the gas.  Try to remove snow and ice from around the wheels, and use sand for traction.  Some vehicles can also be "rocked" by alternating between drive and reverse, while gently pressing the gas.

For more information on winter safety, please see the following articles:

State Police Issue Winter Driving Safety Tips

Uncleared Sidewalks Imperil Pedestrians

Massachusetts Emergency Management Agency--Tips to Ensure Safe Winter Driving