Toyota, Lexus stuck accelerator in a car crash merits a defective product lawsuit

Posted by Bruce Westbrook

January 22, 2010

Toyota and Lexus cars have a defect, and as a result, Americans are dying. It’s a stuck accelerator pedal, which gets snagged on a floor mat. Braking alone will not stop a car that’s in full and constant acceleration, which is why scores of Americans have been injured or killed.

Last October, four people died near San Diego due to a stuck Toyota accelerator pedal. They were a California Highway Patrol officer and his family of three. Almost four million such vehicles are on America’s roads.

The National Highway Traffic Safety Administration investigated and initially dismissed many incidents, though hundreds were reported. Yet the accidents, injuries and fatalities mounted. Finally, the NHTSA and Toyota — which also owns Lexus — asked drivers of the defective Toyota and Lexus vehicles to remove their driver’s side floor mat and not replace it. This safety measure pertains to models from 2004-2010.

Not only that, but on Thursday Toyota issued another — and separate — recall of 2.3 million cars whose gas pedal might get stuck without snagging on a floor mat. Such pedals might get stuck in a partially depressed position or return slowly to an idle position, Toyota says.

Toyota says it’s a rare mechanical defect which might arise when accelerator pedals, or “gas pedals,” become worn. Owners will be notified when a remedy for the problem is found.

Vehicles in this recall include 2009-2010 Toyota Rav4, Corolla, Matrix, 2005-2010 Avalon, 2008-2010 Camry, 2010 Highlander, 20078-2010 Tundra and 2008-2010 Sequoia.

As for cars whose accelerator pedal might snag on a floor mat, rather than immediately recalling those vehicles, Toyota is alerting car owners and asking them to remove the floor mats. But Toyota does plan to issue a more formal recall in order to replace the floor mats properly. It asks that car owners not replace the floor mats themselves.

The suspected floor mats may be carpeted floor mats or rubber all-weather floor mats. Toyota does not make a distinction. The automaker already is under fire, as well, for defects leading to SUV rollover accidents.

Cars which could have a stuck accelerator problem include the 2007-2010 Toyota Camry; the 2005-2010 Toyota Avalon and Toyota Tacoma; the 2004-2009 Toyota Prius; the 2007-2010 Toyota Tundra; the 2006-2010 Lexus IS 250 and IS 350; and the 2007-2010 Lexus ES 350.

Lexus actually has advice for persons if their accelerator becomes stuck on a floor mat. First, they should try to dislodge the stuck pedal. If this doesn’t work, they should step firmly and steadily on the brake pedal with both feet (but not pump the brake), shift the transmission to neutral, brake to a controlled stop and turn off the engine. If the vehicle won’t switch to neutral, turn the engine to OFF or to ACC, but do not remove the key from the ignition, Lexus asks.

Meanwhile, many Americans are potential victims of a Toyota defect or Lexus defect. And one way to fight back is with a defective products lawsuit.

Persons who have been harmed by a stuck accelerator pedal in a Toyota, Lexus or other vehicle should alert a defective products lawyer or attorney with Jim S. Adler & Associates. The longtime personal injury law firm can fight for victim’s financial compensation for their pain and suffering, medical costs and lost wages.

Americans have a right to protection from defective products. Jim S. Adler & Associates can provide it. Fill out the free case review form on this Web page or call toll-free to 1-800-505-1414 and get the legal help you need.

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