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Additional fines may be imposed against Toyota Motor Corporation (Toyota) , by U.S. safety regulators, for failure to promptly take action to fix the sticky accelerators. This would be in addition to the historic $16.4 million penalty imposed by the National Highway Traffic Safety Administration (NHTSA) on the automaker, April 5, that we discussed previously on the Injury Law Blog.  The NHSTA noted that the fine would have been $13 billion if not for caps set by U.S. law.

Automakers are required by law to inform regulators about a safety defect within five days of its discovery. Toyota’s records indicate that the automaker issued repair notices for sticking accelerators in Europe and Canada in September, but waited until January to take action in the United States. The possibility of this new penalty comes in response to an ongoing review of Toyota’s documents by NHTSA that indicates there were two separate defects in the recalled pedals.

United States District Judge James V. Selna in Orange County, Calif. will handle the trial, including important pretrial decisions such as deciding what documents and materials Toyota will need to provide as evidence.

According to an investigative Associated Press article, Toyota has a reputation of withholding documents and using evasive legal tactics in previous product liability, personal injury and wrongful death cases. A prime example is a product liability case in Colorado involving a young girl s killed in a 4Runner rollover crash. Court records show that a federal judge ordered Toyota to produce documents about internal roof strength tests. Unfortunately, the jury ruled in favor of Toyota, since they were not privy to important documents that may have helped shape a different opinion.

A former Toyota attorney, Dimitrios Biller and Whistleblower, accuses the automaker of  withholding evidence in former rollover cases. Rep. Edolphus Towns, D-N.Y., chairman of the House Oversight and Government Reform Committee, found many of  Biller's claims to be substantiated after reviewing some of Biller's still-undisclosed records. It is important to note that Rep, Edolphus Towns, had to subpoena Biller's records.

Toyota now must decide whether to appeal the initial fine or not. According to NHTSA Chief Counsel O. Kevin Vincent,

"If Toyota will not agree to pay the demanded penalty, NHTSA will refer this matter to the U.S. Department of Justice with the recommendation that the Attorney General commence a civil action in federal court ."

It is hard to believe that the previous largest fine was against General Motors Company for only $1 million. Surprisingly, this fine was for not promptly recalling  windshield wipers in vehicle model years 2002-2003.

US regulators consider 2nd fine against Toyota – Reuters 

AP IMPACT: In Toyota cases, evasion becomes tactic – Associated Press

Toyota Acceleration Suits Combined in California Federal Court – Bloomberg 

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The U.S. Department of Transportation (DOT) is seeking the maximum civil penalty of $16.375 million, against Toyota for failing to notify the government about its sticky accelerators in a prompt manner. This would be the the largest civil penalty ever assessed against an automaker by the agency. According to records, Toyota knew about the problem as early as late September 2009 when the problem was confirmed in Europe and Canada but waited until late January 2010 to recall 2.3 million cars in the U.S. for the same issue. This is unacceptable behavior for a company that prides itself on "quality, dependability and reliability".

U.S. DOT Secretary Ray LaHood stated the following on the Toyota issue
Automakers are required to provide the National Highway Traffic Safety Administration (NHTSA) with notification of a safety defect within five days of its discovery. Why did it take Toyota so long to inform U.S. officials and the American public about about the threat of sticky accelerator pedals on certain models? Were they testing the cars to be sure of the defect or was it corporate greed?

“We now have proof that Toyota failed to live up to its legal obligations. Worse yet, they knowingly hid a dangerous defect for months from U.S. officials and did not take action to protect millions of drivers and their families. For those reasons, we are seeking the maximum penalty possible under current laws.”

At least 52 deaths have been linked to crashes allegedly caused by accelerator problems in Toyotas, according to government records. The sticky accelerator pedal recall involves the 2007-10 Camry, 2009-10 Corolla, 2009-10 Matrix, 2005-10 Avalon, 2010 Highlander and 2007-10 Tundra. The recalls have led to congressional hearings, a criminal investigation by federal prosecutors, dozens of lawsuits and an intense review by the Transportation Department.

Toyota has attributed the problem to sticking gas pedals and accelerators that can become jammed in floor mats, and has cited no evidence of an electrical problem. Toyota dealers have fixed 1.7 million vehicles under recall so far. Consumer groups have said electronics could be the culprit, and dozens of Toyota owners who had their cars fixed in the recall have complained of more problems with their vehicles surging forward unexpectedly

Toyota could face additional violations and further penalties, if more evidence is found in the ongoing investigations. Toyota must now decide whether it will contest the fine

Click on the following links to read more on the proposed Toyota penalty:

Secretary LaHood Announces DOT is Seeking Maximum Civil Penalty from Toyota - NHTSA 
U.S. Seeks $16 Million Penalty Over Toyota Recalls - NPR
U.S. seeks to hit Toyota with top fine for delays in disclosing problems - LA Times 

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As though it could not get any worse for  Toyota Motor Corp., a new report shows that two former Toyota regulators helped ward off four U.S. investigations of unintended acceleration by Toyota vehicles. This was uncovered in recent court and government records. Who can we trust to make sure that safety standards are being followed for consumer products, especially automobiles?

Two people at the heart of this new revelation are: Christopher Tinto, vice president of regulatory affairs in Toyota's Washington office, and Christopher Santucci, who works for Tinto. Allegedly, these individuals encouraged the National Highway Traffic Safety Administration to discontinue looking into 2002-2003 Toyota Camrys and Solaras, court documents show. The most alarming revelation is that Tinto ans Santucci were former NHTSA employees before joining Toyota.

Unfortunately, criticism of NHTSA and Toyota is pretty high right now, for the handling of defects in Toyota and Lexus models tied to 19 deaths between 2004 and 2009. Three congressional committees have scheduled hearings on the recalls Feb. 24 and Feb. 25. The Senate Commerce Committee plans a hearing March 2.

Joan Claybrook, an auto safety advocate and former NHTSA administrator in the Jimmy Carter administration stated the following: "Toyota bamboozled NHTSA or NHTSA was bamboozled by itself. I think there is going to be a lot of heat on NHTSA over this."

Toyota, the once media darling, is facing one of the largest scandals in the history of the automaker.  Years of carefully building a stellar image are being diminished in one fell swoop, each day a new revelation is made in the fiasco over safety issues. The Toyota Motor Corp. stock closed today at 76.01, a continued downward spiral.

In an effort to promote safety, we encourage all Toyota owners to contact their local Toyota dealer to find out if their vehicle is a part of the recall.  It will not hurt to take your car in to the shop, just to make sure. Safety and precaution go hand in hand.  You can also contact Toyota directly to see if your car is on the list. However, taking your car to a local Toyota Dealer for a check-up to be sure, can only help improve your chances of being safe in your Toyota.

Click on the following link to read more on the Bloomberg article: Regulators Hired by Toyota Helped Halt Investigations

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Toyota Motor Sales U.S.A., Inc. (TMS), announced today, that the company has developed a safe solution to the risk of sudden, unwanted acceleration. The Japanese automaker indicated that its engineers created and thoroughly tested the solution: a small steel pedal reinforcement assembly designed to eliminate excess friction. Toyota reports that it has commenced shipping the parts to dealers, and expects the millions of affected vehicles to undergo repair as soon as possible.

According to Toyota, this sticking occurred (or can occur) because of excess friction resulting from normal vehicle operation. The company indicates that the pedal reinforcement assembly will eliminate the excess friction that caused the accelerators to stick in rare instances.

At the end of January, the company recalled over 4 million cars from eight vehicle models due to the risk of sudden acceleration caused by the accelerator sticking in a partially open position. In an unprecedented move, the Japanese automaker also halted production to resolve the problem safely and effectively. With Toyota’s announcement comes an apology from top brass, and a hope that the solution will begin to restore customers’ faith in the brand.

Toyota Motor Sales (USA) president and Chief Operating Officer, Jim Lentz, commented on the situation:

“Nothing is more important to us than the safety and reliability of the vehicles our customers drive. We deeply regret the concern that our recalls have caused for our customers and we are doing everything we can – as fast as we can – to make things right.  Stopping production is never an easy decision, but we are 100% confident it was the right decision. We know what’s causing the sticking accelerator pedals, and we know what we have to do to fix it. We also know it is most important to fix this problem in the cars on the road.

The Toyota saga continues with the National Public Radio report Toyota Apologizes, Releases Details On Plan To Fix Gas Pedals.  In a continuing story, NPR's  All Things Considered, co-host Melissa Block spoke with Toyota's Jim Lentz this afternoon on how a driver should handle the situation, of a gas pedal getting stuck.

Lentz is quoted in the interview as giving listeners the following advice:

The Driver should put both feet on the break, press hard, shift the transmission into neutral, and pull off the road.

Click on the following link to hear the All Things Considered interview with Toyota President Jim Lentz
 
Click on the following link to view more from Toyota on the accelerator pedal recall issue.

Click on the following link to see the Toyota PSA on the accelerator issue given by Jim Lentz..

The Toyota vehicles involved in the recent accelerator recall include:

• 2009-2010 RAV4 (Certain models)
• 2009-2010 Corolla (Certain models)
• 2009-2010 Matrix
• 2005-2010 Avalon
• 2007-2010 Camry (Certain models)
• 2010 Highlander (Certain models)
• 2007-2010 Tundra
• 2008-2010 Sequoia

As we mentioned in a previous LaBovickInjuryLawBlog article on the Toyota accelerator recall, owners  and drivers of the above mentioned Toyota models to contact their local Toyota dealer or to contact Toyota directly, if they are having issues. Safety measures and precautions should be taken to avoid any serious car accident.

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Toyota Motor Sales, U.S.A., has recalled approximately 2.3 million vehicles to correct sticking accelerator pedals on specific Toyota Division models. This action is not related to the on-going recall of approximately 4.2 million Toyota and Lexus vehicles to reduce the risk of pedal entrapment by incorrect or out of place accessory floor mats. Approximately 1.7 million Toyota Division vehicles are subject to both separate recall actions.

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Last month Toyota finally had to fess up. They had to say “We are sorry. Our cars have a malfunction. We are killing people.” Toyota recalled almost 4 million cars because the accelerators were sticking and cars were being run up to 120 miles per hour causing high speed crashes

I have several loved ones and friends that drive a Toyota. Therefore I am genuinely concerned about this recent recall issue. A few months ago, we shared information on our blog regarding the Toyota Mat Recall.

I started to think about the following:

Here is the big game: Before anything: BLAME THE VICTIM. BLAME THE VICTIM. NEVER ADMIT FAULT. BLAME THE VICTIM.

It is the same old story: “The accident wasn’t our fault, it was driver error!” BLAME THE VICTIM.

But eventually the statistics add up. Eventually the big corporation must face the facts. Your car is messed up. Your drug is defective. Your medical device is malfunctioning.

When will these corporations learn and be more responsible about Consumer Safety?

I am delighted that we have a justice system that allows us to hold companies accountable.

Toyota issued the following Recall information on their website, regarding the accelerator pedal:

Toyota Motor Sales, U.S.A., Inc. (TMS) announced today details of the vehicle-based remedy to address the root cause of the potential risk for floor mat entrapment of accelerator pedals in certain Toyota and Lexus models. Toyota issued a consumer safety advisory on September 29 on this issue and has, as an interim measure, commenced the mailing of safety notices to certain Toyota and Lexus owners on October 30.

The models involved are: 2007 to 2010 MY (model year) Camry, 2005 to 2010 MY Avalon, 2004 to 2009 MY Prius, 2005 to 2010 MY Tacoma, 2007 to 2010 MY Tundra, 2007 to 2010 MY ES350, 2006 to 2010 MY IS250, and 2006 to 2010 MY IS 350

Toyota's quick fix to this problem is to  shorten gas pedals by three-quarters of an inch, starting in January. In certain instances, they will take padding from the floor to prevent the pedals from getting stuck on floor mats.

Toyota Announces Details of Remedy to Address Potential Accelerator Pedal Entrapment - Toyota Advisory to consumers 

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Attention all readers, this is a very important blog post. If you are a Toyota driver or know someone that is, please read and share this important information. It could help save your life or the life of a loved one.

The Toyota Motor Corp. has announced that it will recall 3.8 million vehicles in the United States, to address problems with a removable floor mat that could cause accelerators to get stuck and lead to a crash. The recall affects Toyota models from 2004 – 2010. Specific models affected include 2007-2010 Toyota Camry, 2005-2010 Toyota Avalon, 2004-2009 Toyota Prius, 2005-2010 Tacoma, 2007-2010 Toyota Tundra, 2007-2010 Lexus ES350 and 2006-2010 Lexus IS250 and IS350.

Toyota is working with National Highway Traffic Safety Administration to find a solution to the problem. In the meantime, drivers of the named vehicles should immediately remove the mat from the driver’ side and not replace it, until further notified.

According to a Toyota spokesperson in published reports "A stuck open accelerator pedal may result in very high vehicle speeds and make it difficult to stop a vehicle, which could cause a crash, serious injury or death.

There have been reportedly 102 incidents where the accelerator may have become stuck on the Toyota vehicles involved, according to the NHTSA. However, it is unclear how many have led to crashes.

Transportation Secretary Ray LaHood issued the following statement “For everyone's sake, we strongly urge owners of these vehicles to remove mats or other obstacles that could lead to unintended acceleration."

Toyota has warned owners that if they think their vehicle is accelerating out of control, they should check to see whether their floor mat is under the pedal. If a driver can't remove the floor mat, Toyota advises drivers to step on the brake pedal with both feet until the vehicle slows and then try to put it into neutral and switch the ignition to accessory power.

Unfortunately, this recall comes too late for California Highway Patrol Officer Mark Saylor. In August, Officer Saylor and three others were killed in a  fatal car accident involving the crash of a 2009 Lexus ES 350 and a Sport Utility Vehicle. Reportedly, one of the family members called the police minutes before the crash to report the accelerator was stuck and that the car had no brakes. The Officer’s car hit the SUV, rolled several times and burst into flames. Reports from the NHTSA investigators determined that a rubber all-weather floor mat found in the wreckage was slightly longer than the mat that belonged in the vehicle, something that could have snared or covered the accelerator pedal.

This morning, I removed the driver’s side mat from my Toyota Camry and recommend that all Toyota owners of the above mentioned vehicles do the same. If you have questions or want more information, please contact, the National Highway Traffic Safety Administration's hotline at (888) 327-4236, Toyota at (800) 331-4331 or Lexus at (800) 255-3987.

To read more information on the Toyota recall of 3.8 million vehicles due to a driver's floor mat interference with the accelerator pedal, view the following: Toyota Pressroom, Forbes - Runaway Toyota Recall, Fox News and Associated Press.

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