Liever Hyman Potter
X
During the COVID-19 emergency we are fully operational and remain available to service all new clients and existing clients, 24/7.

WE FIGHT
TO WIN

The attorneys of Liever Hyman Potter

AUTO ACCIDENT ATTORNEYS, PERSONAL INJURY & MALPRACTICE LAWYERS

Since our founding in 1959, we have won thousands of awards and settlements for victims and their families, including million-$ and multi-million-$ settlements.

During the COVID-19 emergency we are fully operational and remain available to service all new clients and existing clients, 24/7.
E-MAIL    |    TEL    610 370 6682    /    570 794 5017    

Our litigation team obtained a settlement with
a lifetime payout of over $12,750,000 for a middle
aged woman who was diagnosed with a brain
arteriovenous malformation.   read more

A $1,280,000 settlement has been reached in
favor of a retired man seriously injured in an
auto accident at a city intersection.   read more

The insurer for the driver of a truck that swerved to
avoid rear-ending a school bus and collided with
another vehicle has paid 1.2 million for the serious
injuries suffered by the other driver.   read more

A daycare center accident that blinded one eye
of a 22-month old child and that “could have and
should have been prevented,” has been settled...
read more

A woman who was seriously injured when her
vehicle was struck by a drunken driver has won
a settlement of 2.5 million.   read more

Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Workers' Compensation; Products Liability
Medical Malpractice; Nursing Home Abuse & Neglect; Auto/Truck/Motorcycle Accidents; Personal Injury; Workers' Compensation; Products Liability
Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Workers' Compensation; Products Liability
Workers' Compensation; Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Products Liability
Workers' Compensation; Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Products Liability
Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Workers' Compensation; Products Liability
Contact Us
X

Contact Us

    An Auto Accident Lawyer Looks at the Toyota Situation

    March 25, 2010 by admin

    An Auto Accident Lawyer Looks at the Toyota Situation I am a car accident lawyer. I represent people injured in car accidents. I am also a long-time Toyota customer. (Three Camrys over the years and a Prius currently).

    We bought the Prius new. It has about 22,000 miles on it. We have not experienced unintended acceleration and indeed have had no problems with the car. So, am I concerned? You bet, and here’s why.

    A few months ago we received a “Safety Recall Notice” from Toyota. The notice identifies “…the potential for an unsecured or incompatible driver’s floor mat to interfere with the accelerator pedal and cause it to get stuck in the wide open position. Toyota has determined that the defect does not exist in vehicles in which the driver side floor mat is compatible with the vehicle and properly secured.”

    I took a closer look at the Prius. We have a standard Toyota carpet mat. At the end of the mat closest to the seat, there are two holes through which hooks (attached to the floor) protrude, holding the mat in place. These seem to work quite well. It is not easy to dislodge the mat from the hooks. At the other end of the mat, there is a two and a half inch clearance between the mat (assuming it is lying flat) and the top of the accelerator pedal. If the mat is unhooked and placed over the gas pedal, it will not depress the pedal. It does not weigh enough to depress the pedal. Similarly, if the pedal is depressed and the mat then placed over the pedal, the pedal return mechanism provides enough force to overcome the weight of the mat and return the pedal to its zero position. So, since we have an original Toyota mat which is always properly secured with the hooks, I assumed we had no problem. Evidently, I was wrong.

    I recently looked at the Toyota website. I typed in my Prius VIN and learned that Toyota is planning to have my local service department contact me during 2010 in order to remedy the potential for my floor mat to entrap the pedal. The remedy includes “reshaping” the accelerator pedal.

    I still don’t understand how my standard issue Toyota mat can cause pedal entrapment. I don’t understand why it’s necessary for the service department to reshape my accelerator pedal, whatever that means. I have a hard time believing that the hundreds of reports of unintended acceleration can all be explained by accelerator pedal floor mat entrapment.

    Is it the mats? Or the electronic throttle? Or driver error? What should Toyota do to finally clear this up? Here are my modest suggestions:

    1. Explain in detail how and under what conditions the mat can cause unintended acceleration.
    2. Explain in detail how the proposed fix to the mats will correct the situation, as opposed to making it worse. (Remember the old saying, “If it ain’t broke, don’t fix it.”)
    3. Provide to an independent (by that I mean people not paid by Toyota or, for that matter, by Plaintiffs’ attorneys) blue chip panel of scientists and engineers (as in the Challenger investigation) all the technical data needed to evaluate not only floor mat entrapment, but the possibility that the electronic throttle control is the culprit. Also, immediately provide the panel with all available black box data on any unintended acceleration event.

    Yes, if there is a problem, Toyota will be sued and may have to pay damages, which is only right. However, by addressing the problem openly and honestly, Toyota will avoid later occurring car accidents and the lawsuits that arise from them. They will also go a long way toward restoring the American public’s trust in their cars.


    SERVING VICTIMS OF:
    MOTOR VEHICLE INJURY
    CAR ACCIDENTS
    TRUCK ACCIDENTS
    MOTORCYCLE ACCIDENTS
    DRUNK DRIVERS
    SLIP AND FALLS
    WORKERS' COMPENSATION
    OCCUPATIONAL DISEASE
    UNSAFE PRODUCTS/CONDITIONS
    WORK INJURIES
    WRONGFUL DEATH
    INADEQUATE WORKERS COMP.
    MEDICAL MALPRACTICE
    DOCTOR/HOSPITAL ERRORS
    SURGERY ERRORS
    OPERATING ROOM MISTAKES
    PREGNANCY & BIRTH INJURIES
    MISDIAGNOSIS
    FAILURE TO DIAGNOSE
    PRESCRIPTION ERRORS
    FAILURE TO DIAGNOSE CANCER
    NURSING HOME NEGLECT
    NURSING HOME ABUSE
    BED SORES