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Toyota Floor Mat And Gas Pedal Defects--Do They Cause Wrongful Deaths?

By Claude Wyle

Federal highway safety inspectors have released new details of a fatal car crash that triggered Toyota Motor Corp.'s largest recall, including a finding that the Lexus ES 350 sedan involved had a gas pedal design that could increase the risk of its being obstructed by a floor mat.

Although Toyota has previously said that the floor mat was improperly installed and may have trapped the accelerator pedal, the latest report by the National Highway Traffic discloses new details, including the fact that the brakes were heavily damaged, possibly due to a design defect in which the Lexus ES braking system loses power-assist when the throttle is fully opened. As consumer lawyers, we investigate whether these defects may have caused other collisions.

Further information indicates that the car was on loan from a Lexus dealership and that the driver may not have been aware how to turn the car off or whether there were other measures he could have taken after the pedal got stuck.

As personal injury attorneys (change to dangerous products attorneys) , we often see the tragic results of poorly designed cars and trucks. The car dealer owed a duty to provide a safe car, however this story shows that we cannot always rely on those whom we believe we can trust. Before driving an unfamiliar vehicle, you might want to inspect the vehicle to determine whether the floor mats are installed properly and whether there is any condition that might interfere with the accelerator or brake pedals.

The Los Angeles Times is reporting that last month, Toyota announced the largest recall in its history, asking drivers of 3.8 million Toyota and Lexus vehicles to remove their floor mats until a permanent remedy is devised. The recall affects the following Toyota models:

• 2007 – 2010 Camry
• 2005 – 2010 Avalon
• 2004 – 2009 Prius
• 2005 – 2010 Tacoma
• 2007 – 2010 Tundra
• 2007 – 2010 ES350
• 2006 – 2010 IS250 and IS350

Originally posted at InjuryBoard by Claude Wyle

Full post as published by San Francisco Personal Injury Lawyer on October 28, 2009 (boomark / email).