California Injury Lawyers Blog

Six months after off-duty CHP Officer Mark Saylor, his wife, teenage daughter, and brother-in-law Christopher Lastrella were killed in a California car accident involving a runaway Lexus ES 350, their relatives have filed a wrongful death lawsuit suing Toyota Motor Corp. for damages. In their California auto products liability complaint, the plaintiffs claim that the vehicle was defective and that no proper warnings were given about this. Other defendants named in the complaint are the automaker's US division, the Lexus dealership that lent the vehicle to Saylor while his car was being serviced, and a number of other corporate entities.

The Saylor family and Lastrella were fatally injured on August 28 when their Lexus accelerated to up to 120 mph before driving off the freeway, rolling over, and catching fire. Just before the deadly collision happened, Lastrella called 911 to plead for help. The vehicle occupants thought the brakes had stopped working when in fact, the gas pedal had gotten caught in the driver's side floor mat.

This shocking and preventable cause of the tragic California car wreck has prompted Toyota to recall over five million vehicles so that the gas pedals and ill-fitting floor mat defects can be fixed. Since then, Toyota has recalled other vehicles over brake problems and sticking gas pedals. At least 34 car accident deaths are now allegedly linked to the Toyota acceleration problem that have caused motorists to lose control of their vehicles that then accelerate to high speeds before crashing.

Although Toyota has apologized for these defects that have cost people their lives, the automaker's reputation for safety has taken a huge dent. Of course, for those that have either died or lost loved ones in runaway Toyota car accidents, a mere apology is not enough to make up for such devastating losses.

Toyota sued over deaths in key California crash, Reuters, March 4, 2010

Gov't: 34 Deaths Reported From Toyota Vehicles, CBS2.com, February 15, 2010

Related Web Resources:
NHTSA's Advice to Toyota Customers, National Highway Traffic Safety Administration

Toyota Motor Corporation

Continue reading "California Auto Products Liability Lawsuit Filed Against Toyota in Lexus Acceleration Accident that Killed CHP Officer and Three Family Members" »

This week, the US Food and Drug Administration told patients that despite reports affirming that taking Avandia can increase the chances that the user may have a heart attack, it is important that patients continue to use the drug until they've sought the advice of a personal physician. Thousands of people take Avandia to treat Type 2 diabetes.

Over the weekend, US Senators Charles Grassley and Max Baucus released a report accusing pharmaceutical company GlaxoSmithKline of knowing for years about the heart attack risk even before a 2007 study in the New England Journal of Medicine reported this dangerous side effect. The FDA even recommended in 2008 that Glaxo take Avandia off the market because the drug was causing about 500 heart attacks and 300 heart failure incidents a month.

Grassley and Baucus note in their report that despite Glaxo's duty to warn patients and the FDA about this unfortunate cardiovascular risk, the company instead tried to misrepresent or minimize the findings while intimidating independent doctors. However, Glaxo claims that the congressional report is incomplete.

Dangerous Drugs
If there is a possibility that your loved one's heart attack, injury, or illness was caused by taking medication, you may have grounds for filing an Orange County, California dangerous drug lawsuit against the pharmaceutical company that made the drug. Over-the-counter and prescription medications are supposed to improve patient health and/or alleviate pain. They aren't supposed to hurt you, make you sick, or kill you.

Our Orange County, California products liability lawyers are committed to making sure that victims of negligent manufacturers and pharmaceutical companies are compensated for the harm that they have suffered because of a dangerous drug or another defective products.

Diabetes patients should not stop taking Avandia, FDA says, USA Today, February 22, 2010

Research Ties Diabetes Drug to Heart Woes, NY Times, February 20, 2010

Glaxo Knew Avandia Caused Heart Risk, Report Says (Update1), BusinessWeek, February 20, 2010

Related Web Resources:
6 Things You Should Know About Avandia, US News & World Report, February 25, 2010

Avandia, GlaxoSmithKline

Continue reading "Dangerous Drug?: Senate Report Alleges That GlaxoSmithKline Knew Avandia Increased Heart Attack Risk" »

The mother of Tyrene Livingston is suing Toyota for Los Angeles wrongful death. Sandra Livingston filed her California auto products liability lawsuit on Monday.

Her Los Angeles County products liability complaint claims that in 2007, Tyrene, 21, brought her new Toyota Yaris back to the dealer because she was experiencing brake problems. The dealer reportedly told her that her car was working fine. Unfortunately, four days after the Toyota accelerated out of control and she died at the crash site.

Although the Toyota acceleration accident took place in Pennsylvania, Sandra filed her wrongful death complaint in California, because that is where Toyota's North American headquarters is located. Sandra claims in her lawsuit that the automaker should have provided either a means for the brake to override the system or a mechanical connection between the engine and the brake.

Our California Injury Lawyers Blog has been closely monitoring the acceleration problems that have been plaguing Toyota and the owners of its vehicles. So far, the car manufacturer has recalled over 8.5 million Toyota vehicles over issues with the gas pedals, brakes, and floor mats.

This week, Toyota's top US sales executive, James E. Lentz, stood before the House Commerce and Energy Committee and apologized over the problems that led to the need to recall so many autos. While repairs have been made to alleviate the sticking gas pedals and ill-fitting floor mats, Lentz acknowledged that the repairs won't completely solve the problems. He noted that electronics could be a possible cause of the sudden acceleration incidents that has led to Toyota drivers losing control of their vehicles. Lentz says the automaker intends to install electronic programming that will let the brake override the throttle on more autos than what was previously announced.

Toyota exec says recall won't 'totally' fix problem, Los Angeles Times, February 23, 2010

LI mom sues Toyota over death crash, New York Post, February 23, 2010

Related Web Resources:
NHTSA Launches Probe into Timeliness of Three Toyota Recalls, National Highway Traffic Safety Administration, February 16, 2010

Toyota Motor Corp.

The family of 66-year-old Noriko Uno is suing Toyota for California wrongful death. They are claiming auto products liability over the fatal car crash that occurred when her Camry accelerated out of control on August 28, 2009--the same day that four people died in San Diego when their Lexus accelerated out of control. That runaway car crash led to the recall of over 4 million vehicles because the gas pedal could get entangled in the floor mat.

According to witnesses, Uno's Camry accelerated to 100 mph. She wove in and out of traffic until her vehicle hit a curb, flew into the air, struck a pole, and hit a tree. Uno died from her Los Angeles County car accident injuries.

The family's Los Angeles County wrongful death lawsuit claims that Uno died because of a defect with her Camry's electronic "drive-by-wire" throttle system. The automaker has maintained that this system is not a cause of the numerous runaway Toyota car accidents that have been happening.

Uno's family is seeking unspecified damages and is calling on Toyota to expand its recall further. The car manufacturer has recalled 2.3 million vehicles over the sticking gas pedal problem, but Uno's Camry, a 2006 model, is not included in the recall.

The family's California auto products liability lawyer says Toyota should recall its 2002 - 2006 Camry models. He says the National Highway Traffic Safety Administration and the automaker were aware of 389 complaints filed involving these models over accelerators that went out of control but that the NHTSA closed its probe because it couldn't obtain enough data to arrive at any final findings.

This week, Toyota recalled hundreds of thousands of other vehicles over other defects. The auto manufacturer recalled 437,000 Prius and Lexus hybrids so that the software that controls the brake system can be repaired. It also recalled 7,300 Camrys ( 2010 model) because of a problem with the brakes.

The federal government is also looking into complaints that there may be a problem with the steering on the 2009 and 2010 Corollas. About 80 complaints have been filed in the US.

Toyota Corolla steering problems prompt complaints to feds, February 9, 2010

Toyota To Recall 437,000 Hybrids As Prius Concerns Add To Woes, February 9, 2010

Calif. suit blames Toyota throttle for fatal crash, Reuters, February 4, 2010

Related Web Resources:
Recall Information, Toyota

NHTSA

On Tuesday, Chrysler announced the recall of 24,177 vehicles over an auto defect that can lead to brake failure. The vehicles included in the recall are the:

• Dodge Avenger
• Chrysler Sebring
• Nitro
• Commander
• Jeep Liberty
• Grand Cherokee SUV
• Dodge Ram Trucks (2009 and 2010 models)

Except for the 2009 Dodge Ram trucks, all of the vehicles are 2010 models. There have been no reports of accidents or injuries so far. Chrysler says that because of a manufacturing error, the brake booster road retaining clip either wasn't installed or was placed incorrectly in the vehicles. Car owners can take their vehicles to a Chrysler dealership where the part can be reinstalled.

On Thursday, Toyota recalled 2.3 million trucks and cars over a faulty gas pedal. This latest recall comes in the wake of nine large recalls by Toyota last year that impacted approximately 4.9 million motor vehicles. This latest Toyota recall involves:

• Tundra pickups, 2007 - 2010 models
• Matrix hatchbacks, 2009 - 2010 models
• Avalon sedans, 2005 - 2010 models
• Camry sedans, 2007 - 2010 models
• Corolla, 2009 - 2010 models
• Sequoia SUV's, 2008 - 2010 models
• Highlander, 2010 model
• RAV4, 2009 - 2010 models

Our Orange County, California auto products liability lawyers want to remind you that if you were injured in a car crash because of a defective auto part or because a vehicle malfunctioned you may be entitled to personal injury compensation. It doesn't matter whether a recall announcing the defect was issued. Car manufacturers owe consumers a duty of care to design and manufacturer autos that are free from hazardous defects.

Also, the National Highway Traffic Safety Administration announced this week that it is examining Ford Motor Co. F-150 pickup trucks (2004 - 2006 models) over a possible air bag defect. About 1.56 million vehicles may be involved in this probe. Ford thinks that an electrical short may be causing the problem.

The automaker received over 300 complaints that the airbag on the driver's side deployed without warning and not because of a motor vehicle crash. Over 60 people have been injured. Cuts to the hands, arms, and face are among the injuries. Two motorists lost consciousness.

NHTSA Expands Probe of Faulty Airbags in Millions of Ford Trucks, FoxNews, January 22, 2010

Toyota Recalls 2.3 Million Vehicles to Fix Gas Pedals, Bloomberg.com, January 22, 2010

Chrysler recalls vehicles over brakes, AP/Yahoo, January 19, 2010

Related Web Resources:
NHTSA

Defects and Recalls, Safercar.gov

Continue reading "Toyota Recalls 2.3 Million Autos Over Gas Pedal Defect and Chrysler Recalls 24,177 Vehicles Over Possible Brake Failure" »

More than three years after Jaklin Mikhal Romine sustained catastrophic injuries during a Los Angeles County car crash, she is now suing Nissan Motor Co., Nissan Design America, Nissan North America Inc., Vintec Co., and Ikeda Engineering for California auto products liability.

Romine was stopped at a Pasadena intersection on October 21, 2006 when another vehicle rear-ended her 2000 Nissan Frontier. In her Los Angeles County injury lawsuit, Romine claims that a seatback defect caused the seat she was on to collapse backward. As a result, her head struck the back seat, and she sustained serious head injuries and spinal cord injuries. Romine is now an incomplete paraplegic.

Romine's Los Angeles auto products liability complaint accuses Nissan of knowing that the seatbacks in her pickup truck were not strong enough to survive a modest rear-end crash. She says that other car accident victims have filed personal injury lawsuits over the same defect in the past. She also says in-house testifying verified that the seatbacks were faulty.

The plaintiff contends the seatback defect could have easily been corrected with stronger recliners, seatback frames, and belt-integrated seats. She is accusing Nissan of choosing profit over vehicle occupants safety.

Seat Back Defects
Seat back defects are not uncommon and they can prove fatal. A seat that collapses backwards can cause serious head and spinal injuries for the occupant in the seat that collapses, while the person riding behind the defective seat that falls backward is at risk of sustaining chest and head injuries. A seat that collapses forward during a collision can also prove catastrophic for vehicle occupants.

Car manufacturers are supposed to design and make seats that are free from defects and will not collapse during a collision. An automaker can be held liable for Orange County, California auto products liability if serious injuries or death results.

Fox Business News, January 13, 2010

Related Web Resources:
Products Liability, Justia

Seat Failures and Occupant Restraints

To protect children from injuries, the Consumer Product Safety Commission announced two large recalls this week. Today, along with the National Highway Traffic Safety Administration, the CPSC recalled 447,000 Dorel baby carriers following 77 reports of the carrying handle coming off. This creates a hazard that has hurt at least three infants. These injuries have included bumps, bruises, and one head injury.

The carrier can also be used as a stroller and a car seat. The CPSC says the hazard only exists when the handle is used on the carrier, which means it can still be used to secure infants in motor vehicles. Brands that use the Dorel carrier include Cosco, Safety First, Disney, and Eddie Bauer.

With so many parents taking such great care to ensure that they don't accidentally drop their babies or allow them to fall onto the ground unprotected, a child carrier with an improperly working carrier handle can be cause for concern--especially if the baby ends up striking his/head on a hard surface. An experienced Anaheim head injury attorney can help you determine whether you have grounds for filing a products liability claim because of a defective baby carrier.

Just three days ago, the CPSC announced the recall of 50 million roll-up and Roman shades because they can cause strangulation injuries if a child's neck gets tangled in the window covering's cord or becomes trapped between the cord and the blind or shade. At least 16 near strangulations and 8 deaths have been linked to these window coverings since 2001.

The CPSC and Window Covering Safety Council are reminding adults to keep the shade cords away from kids. If a cord does extend low enough for a child to reach, then it needs to be properly secured so the cord can't wrap around a child's neck. Furniture that toddlers and young kids can climb onto should be kept away from corded window coverings.

While recalling defective or hazardous products is a good way to prevent injury accidents from happening, it would be even better if manufacturers were to stop making dangerous and defective goods. Entrapment injuries, choking injuries, strangulation injuries, lead poisoning, and fall-related injuries are just some injuries to children that have been known to happen.

447,000 baby carriers recalled, CNN Money, December 18, 2009

Fall Hazard Prompts NHTSA, CPSC and Dorel Juvenile Group to Announce Recall of Infant Car Seat/Carriers, CPSC, December 18, 2009

Retailers Recall 50 Million Blinds on Choking Risk, Bloomberg, December 15, 2009

Related Web Resources:
Window Covering Safety Council

Baby Products, Consumer Reports

Continue reading "CPSC Recalls 447,000 Dorel Baby Carriers and 50 Million Roll-Up Blinds and Roman Shades to Prevent Injuries to Children" »

The US Supreme Court is refusing to review the $83 million verdict awarded in the California SUV rollover lawsuit against Ford Motor Co. The auto manufacturer has sought to have the auto products liability award against it overturned since 2004 when a jury awarded $369 million to Benetta Buell-Wilson for her personal injuries. That was the first time Ford had ever lost a products liability lawsuit involving a Ford Explorer.

During the appeals process, the award amount was reduced. Eventually Buell-Wilson and her husband were awarded $55 million in punitive damages and $27.6 million in compensatory damages.

In 2002, Buell-Wilson sustained a spinal cord injury that left her a paraplegic. The then 46-year-old mother of two swerved her Ford Explorer to avoid striking a metal object that fell from another vehicle. Her sport utility vehicle then rolled over four times.

Buell-Wilson and her husband sued Ford for California personal injury. They claimed that the Ford Explorer had a poorly designed roof and that it was prone to rollovers.

SUV Rollover Accidents
Thousands of motor vehicle crashes are caused by auto rollovers. The vehicle may be an SUV, a van, a passenger vehicle, or a light truck. Out of all these vehicles, however, SUV's have the highest rollover rate.

Auto defects that can lead to SUV rollover injuries:

• Poor vehicle design with its higher center of gravity
• Defective tires
• Roofs that easily crush inward during a rollover accident
• Defective seat belts
• Inadequate safety features

An Orange County, California SUV rollover accidents can lead to spinal cord injuries, traumatic brain injuries, massive internal injuries, and wrongful death.

Auto manufacturers are supposed to design vehicles that are not easily prone to rolling over. The motor vehicles should also come with the proper safety devices to protect passengers in the event of a rollover accident. An SUV rollover can be caused by a defective auto part or by a negligent motorist. Injured parties may have grounds for filing an Orange County, California auto products liability lawsuit.

Supreme Court rejects Ford's appeal in rollover case, Los Angeles Times, December 1, 2009

$369M Verdict In SUV Rollover, CBS, June 4, 2009

Related Web Resources:
Statement of Benetta Buell-Wilson, Public Citizen, March 23, 2004

US Supreme Court

Rollover: The Hidden History of the SUV

On Wednesday, Toyota announced that it is replacing the accelerator pedals on at least 3.8 million Toyota and Lexus autos to prevent future accidents involving unintended acceleration. The car manufacturer announced its largest recall ever in September following growing evidence that catastrophic car crashes can occur if the floor mat jams the gas pedal.

At least five deaths have been linked to this defect, which claimed the life of four members of a Southern California family last August. Bloomberg.com reports that the sudden acceleration has led to over 2,000 complaints by Lexus and Toyota owners and that these incidents have involved 243 injuries and 16 deaths.

Now, Toyota says it is going to install a "brake override" that will sharply lower engine power if the brake pedals and accelerator are pressed at the same time to make sure that drivers can stop any vehicle that is out of control. Toyota says that temporary, shorter gas pedals will replace the current ones until replacement pedals are developed.

On Tuesday, Toyota also announced that it is recalling 110,000 Tundra pickup trucks due to concern that frame corrosion can cause spare tires to dislodge or damage brake lines. The recall affects 2000 - 2003 Tundra models in Northern states where de-icers are used treat roads during the winter.

Auto Products Liability
Auto defects can cause multiple injuries and deaths, which is why it is so important that defects be remedied and identified immediately. If you've been injured in an Orange County, California car accident that you believe was caused by a defective or malfunctioning auto part, you may be entitled to auto products liability compensation for personal injury or your loved one's wrongful death.

Brake defects, engine failure, defective seat belts, faulty airbags, roof defects, rollover-prone autos, defective door latches, faulty power windows, and defective window glass can cause catastrophic injuries and deaths during a collision.

Toyota Recalls Tundra Pickups for Frame, Bloomberg.com, November 24, 2009

Pedals to be replaced in Lexus, Toyota recall, Newsday, November 25, 2009

Toyota Sued by Consumers Over Sudden Acceleration of Vehicles, Bloomberg, November 7, 2009

Related Web Resources:
Toyota

Toyota Recall September 2009 Affects 3.8M Vehicles Crash Due To Gas Pedal Stuck On Floormats, Device Mag, September 30, 2009

Continue reading "Toyota Announces that It Will Replace Gas Pedals on Millions of Recalled Vehicles" »

Drop-side cribs are once again in the media headlines following news that the Consumer Product Safety Commission and crib maker Stork Craft are recalling over 2.1 million drop-side cribs in the US and Canada. The recall was announced because of concern that a baby or toddler might get injured in a fall accident, suffocation accident, or entrapment accident if the drop-side becomes detached from the crib.

Already, there have been at least 110 drop-side detachment incidents reported, including four suffocation accidents, 15 entrapment accidents, 20 fall accidents, and four deaths. The drop-side plastic hardware can deform or break or certain parts may be missing. The drop-side might also have been installed upside down. Parents and other caregivers are being told to stop using the cribs right away and to wait for the free repair kit.

These defects can be very dangerous for young infants, especially when they are in the cribs unsupervised. In the last two years alone, the CPSC has recalled over 5 million drop-side cribs. Earlier this year, major crib manufacturers signed off on a proposal banning drop-side cribs in the US.

With infants and toddlers so dependent on others to take care of them, parents need to be able to rely on product manufacturers to make goods that are safe for use. Yet this isn't always the case, and crib makers of defective cribs that have caused injury or death have been sued for products liability and wrongful death.

Earlier this month, the CPSC and Maclaren USA announced the recall of about 1 million umbrella strollers following reports that 12 kids' fingertips were amputated when they put their fingers in the hinge mechanism of the stroller.

While recalling a defective or dangerous product is a positive step forward, there are still the victims who were injured before the recall was announced. Losing a fingertip, sustaining a traumatic brain injury after surviving a suffocation accident, or breaking one's back during a fall accident can be very painful and traumatic and life-altering for a child victim.

Infant Entrapment and Suffocation Prompts Stork Craft to Recall More Than 2.1 Million Drop-Side Cribs, CPSC, November 23, 2009

Maclaren USA Recalls to Repair Strollers Following Fingertip Amputations, CPSC, November 9, 2009

Major manufacturers propose ban on drop-side cribs, Chicago Tribune, March 18, 2009

Related Web Resources:
Crib safety tips, Consumer Reports

Kids in Danger

Continue reading "Preventing California Injuries to Children: CPSC Recalls More than 2.1 Million Drop-Side Cribs and Approximately 1 Million Strollers " »

Hospital beds are used in Orange County, California hospitals, outpatient facilities, nursing homes, as well as in many private home care situations. According to the Center for Devices and Radiological Health, some 2.5 million hospital beds are used in this country. A hospital bed is one that meets certain requirements that make it a medical device.

The Food and Drug Administration is now reporting that between 1985 - 2009, there have been at least 803 reported incidents in the US of patients getting entangled, caught, trapped, or strangled in these beds. These injury accidents have resulted in 138 injuries and 480 deaths. In 185 incidents, hospital workers were able to prevent patient injuries. The majority of patients involved in hospital bed accidents are older people and/or those who are frail or confused.

According to FDA nurse-consultant Joan Ferlo, hospitals should check the hospital's beds to make sure they don't pose an injury hazard. The mattress any grab bar or rail that comes with the bed should be examined to make sure that they aren't entrapment hazard. Possible entrapment zones involving hospital beds:

• Between the mattress and rail
• Beneath the rail
• Between split bed rails
• Between the foot or headboard and a rail end
• Between the mattress end and the foot or headboard

Hospital beds can also present a possible fire hazard if there is damage to the bed's power cord, the bed's motor overheat, there is an electrical short, clothing or sheets are placed too close to power sources, or dust clogs up the motor. The patient can sustain serious and painful burn injuries as a result.

Product manufacturers must make sure that their products are designed in a way that won't cause injury or death to consumers. Failure to fulfill this responsibility can lead to a California products liability or wrongful death lawsuit. Hospitals, nursing homes, and other facilities must make sure there are no hazardous conditions on the property that can cause injury or death. Otherwise, they can be held liable for California medical malpractice, premises liability, or wrongful death claims.

Practice Hospital Bed Safety, FDA

Related Web Resources:
Untie the Elderly

Hospitals in California, Yellow Pages

Continue reading "California Personal Injury: Are Hospital Beds an Entrapment Hazard? " »

The daughters of 81-year-old Evelyn Rogoff and her 83-year-old husband Murray are suing bathrobe maker Blair Corp. for California wrongful death. The Rogoffs sustained fatal burn injuries when Evelyn's bathrobe sleeve caught fire on their stove's electric burner last February.

The fabric quickly caught fire, engulfing Evelyn and Murray who rushed to help his wife. The two of them died months later from their burn injuries. If they hadn't died so tragically, the couple would have been married 50 years.

The Rogoffs' daughters are seeking at least $1.9 million in damages from Blair Corp., which recently has come under fire for its highly flammable bathrobes, which is a product defect.

Evelyn and Murray are not the only ones who have suffered burn injuries because of the Blair bathrobes. At least nine burn-related fatalities have been linked to the Blair robes.

In April, 162,000 Blair Full-length women's chenille robes were recalled. The Consumer Product Safety Commission recalled 138,000 more women's apparel products last month.

In Connecticut, Sharon Davis is suing Blair for $30 million for her mother's wrongful death. Atwilda Brown's robe caught fire in 2005 while she was making tea. She was able to call 911 but did not survive her injuries. Police and fire workers who arrived at the accident scene said they hadn't seen material burn so fast before.

While the robes had previously passed flammability tests, testing since then have proven the robes to be a fire hazard.

At least five of the victims were women whose robes caught fire while they were cooking. The majority of the victims were elderly persons. Three of them were in their 80's.

Defective Clothing
While all clothing can catch fire, garments must meet certain standards under the Flammable Fabrics Act. Failure to comply with these standards can create a highly flammable product that can prove fatal for the wearer and those around. It can also be grounds for an Orange County, California products liability or wrongful death lawsuit.

Bathrobe company sued in deaths of elderly Oceanside couple, Sign on San Diego, October 28, 2009

Woman Blames Robe For Mother's Death, WFSB, October 27, 2009

Blair LLC Expands Recall of Highly Flammable Robes, Consumer Affairs, October 30, 2009

Related Web Resources:
Flammable Fabrics Act

Consumer Product Safety Commission

In its largest recall ever, auto manufacturing giant Toyota announced that it will recall 3.8 million Toyota and Lexus autos in the United States. The recall involves removable floor mats on the driver's side that can cause the accelerator to get stuck. This can result in the vehicle moving at high speeds, making it hard to stop and possibly resulting in catastrophic consequences.

The recall announcement comes one month after four people were killed while riding in a Lexus in which the accelerator got stuck. Witnesses report seeing the vehicle speed through traffic at speeds as high as 120 mph before it hit another car, crashed through a fence, and soared some 100 feet before landing and bursting into flames.

CHP officer Mark Saylor, his spouse Cleofe, brother-in-law Chris Lastrella, and teenage daughter Mahala died in the August 28 Southern California auto collision. Someone from the Lexus reportedly called 911 before the deadly crash to report that the brakes weren't working.

A Consumer Reports article noted that there have been reports that the car dealer may have fitted the vehicle with accessory all-weather floor mats that were too big. However, the Saylor family's auto accident is not the first time that someone has gotten hurt because of a stuck accelerator in a Toyota vehicle. People have filed some 102 incident reports with the National Highway Traffic Safety Administration. Injuries and deaths have resulted from some of these auto accidents.

Our Orange County, California products liability lawyers continue to remain concerned about the number of people who are injured each year because an auto or auto part was defectively designed or manufactured. Many auto products liability accidents could have been prevented if only the automaker had been more careful.

Toyota is working with the NHTSA to determine how to remedy this problem. In the meantime, the carmaker is asking drivers who own or lease one of the affected vehicles to take the floor mat out of the car.

Vehicles included in the Toyota recall:

• Lexus IS250 (2006-2010 models)
• Lexus IS350 (2006-2010 models)
• Toyota Camry (2005-2010 models)
• Toyota Prius (2005-2010 models)
• Toyota Avalon (2004-2009 models)
• Toyota Tundra (2007-2010 models)
• Toyota Tacoma (2007 - 2010 models)
• Lexus ES350 (2007-2010 models)

">">Toyota Recall September 2009 List Includes 3.8 Million Vehicles with Faulty Floor Mats, Associated Content, September 29, 2009

Toyota to recall 3.8M vehicles over floor mats, OC Register, September 29, 2009

Misaligned floor mat may have caused calamity, ConsumerReports.org, September 23, 2009

Related Web Resources:
CHP Officer, Family Killed in Crash, NBC San Diego, September 1, 2009

Toyota Motor Corp

NHTSA

Continue reading "Toyota Says It Will Recall 3.8 Million Motor Vehicles Following Fatal Southern California Car Crash Involving Misaligned Floor Mat" »

More than five years after Richard Mraz's death from being run over by a Dodge pickup truck, a bankruptcy judge has approved a $24 million wrongful death settlement to be paid by Chrysler to Mraz's family. A California jury had previously awarded the plaintiffs over $55 million for Los Angeles County products liability, but the former DaimlerChrysler filed an appeal that was delayed after the auto manufacturer filed for bankruptcy last April.

Mraz sustained fatal head injuries on April 13, 2004 when he was run over by the 1992 Dodge Dakota he was operating while working at the Port of Los Angeles.

The plaintiffs' lawyers contend that after Mraz got out of the truck, the vehicle slipped into reverse before striking him. While the plaintiffs and defendants were in agreement that the 38-year-old motorist left the truck running and did not activate the parking brake, the two sides did not agree on who caused the Los Angeles County, California wrongful death accident.

DaimlerChrysler argued that the truck wasn't defective and that Mraz died because he neglected to follow proper safety procedures. The plaintiffs, however, claimed that a truck defect--per the over 1,000 "park-to-reverse" complaints that had been filed involving Dakotas, 1988 - 2003 models--caused the fatal truck accident. In 2000, the automaker issued a recall for repairs that failed to fix this defect.

The family's Los Angeles products liability lawyers contended that DaimlerChrysler could have fixed the defect if it hadn't been so worried about the personal injury claims and wrongful death lawsuits it would have to pay.

In March 2007, a California jury issued its $55 million verdict after finding that the auto manufacturer was negligent for failing to issue a proper recall, neglecting to warn consumers about the defect, and for the truck's defective design.

"Park to Reverse" Defect
This defect can prove very dangerous. It lets drivers put the automatic transmission shift selected in the position located between reverse and park modes while the vehicle is in operation. Also called "false park," the "park to reverse" defect can make it look as if the vehicle is in park mode when in fact, it is not. If the driver leaves the vehicle while the engine is running and the auto is in "false park" mode, the car can go into reverse, striking the motorist or a pedestrian.

Judge OKs $24M Chrysler wrongful death settlement, AP/Google, September 24, 2009

Related Web Resources:
More Chrysler Personal Injury Lawsuits Will Be Recognized by New Company, About Lawsuits, August 31, 2009

Chrysler LLC

In August 2007, Griselda Bernardino and several other people were injured in an SUV rollover crash in San Bernardino County, California. According to the plaintiffs' San Bernardino County, California auto products liability complaint, the catastrophic motor vehicle crash happened because the tread separated from the SUV's left rear tire. As a result of the tire defect, Bernardino lost control of the Ford Expedition and the SUV rolled over.

Bernardino sustained permanent spinal cord injuries and crushing head injuries. Also injured in the San Bernardino County SUV accident were Alonso Martinez, Ayari Martinez, Melani Elizardi, Diana Orozco, and Bianca Orozco. They were all ejected from the vehicle and sustained serious injuries. The latter three are minors. The five of them are also plaintiffs in this California personal injury case. There were other passengers in the SUV who were partially ejected and also were hurt.

The defendants in the San Bernardino motor vehicle crash case are Ford Motor Corporation, TRW Vehicle Safety Systems, Continental Tire Corporation, Beceril Tire Shop, and Chino Hills Ford. The plaintiffs claim that the SUV, made by Ford and purchased at Chino Hills Ford, did not properly protect them during the California rollover accident.

The SUV did not have Electronic Stability Control, which was already available when the auto accident happened. The plaintiffs say that ESC could have allowed Bernardino to stay in control of the vehicle. They also allege that the safety restraint system in the vehicle was defective and dangerous (alleged defects included inertial unlatching, retractor failure, false latching, inadvertent unlatching, and lack of pretensioners) and that the plaintiffs knew that these systems and parts could fail.

Other defects in the SUV noted by the plaintiffs include the lack of side curtain air bags, the windows' defective tempered glass, the driver's side door latch, and the SUV's seat backs and seats. They also say that the SUV's pillars, roof rails, and windshield headers were not built to withstand the weight of the Ford Expedition when it rolled over and the roof crushed inward.

The decision to use Continental ContiTrac SUV tires on the Expedition, say the plaintiffs, was a dangerous choice for a vehicle that nonprofessional motorists would drive.

Some Catastrophic Injuries that Can Arise During SUV Accidents:

• Spinal cord injuries
• Crushed bones
• Burn injuries
• Traumatic brain injuries
• Broken bones
• Internal injuries
• Death

Frontline Rollover, PBS

Related Web Resources:
NHTSA

Safercar.gov

Ford Motor Company