Monthly Archives: September 2009

Biggest Recall in Toyota History; Stuck Accelerators; Important Info for Toyota and Lexus Owners!

Toyota recallYou may have read an article we wrote below about a fatal accident involving a family test driving a lexus and allegations that there may have been a defect that caused the accident.

Federal investigators have said of the 102 accidents caused by stuck gas pedals on Toyota vehicles, there are four possible causes involving the floor mats: The mats are too long or too thick, they weren’t properly secured, the gas pedal design is flawed or the floor geometry is defective.

The wide array of causes presents a challenge to Toyota engineers who are trying to come up with a way to fix the problem that is leading to a recall of 3.8 million vehicles, including the Camry, the top-selling car in the U.S.

“We’ve evaluated a number of different years, makes and models of Toyota and don’t believe that there is a one-size-fits-all answer as to why these incidents are occurring,” said National Highway Traffic Safety Administration spokesman Rae Tyson on Tuesday. “I think Toyota is going to have a challenge on its hands to come up with a remedy that is going to address the problem.”

Toyota spokesman John Hanson acknowledged the problem is more complex than vehicle floor mats alone, but involves the way the floor mat interacts with other parts of the vehicle.

“Other factors may be coming into play here,” he said. “That’s why we feel that probably the remedy could be different from vehicle to vehicle.”

On Tuesday, the Japanese automaker issued a safety advisory urging owners of 3.8 million car and trucks — including popular models like Camry, Prius and Tacoma — to remove driver-side mats. It wants drivers to watch out for loose or incorrect mats that could slide out of position and cover pedals.

Toyota is still studying the problem. Once it comes up with a fix, it will issue a recall of the models. It will be Toyota’s largest-ever U.S. recall, accounting for about 15 percent of all the automaker’s vehicles on U.S. roads, the company said.

The safety advisory was prompted by an accident last month killing four people near San Diego. In that incident, a floor mat trapped the gas pedal on a 2009 Lexus ES 350, causing it to accelerate out of control, strike an SUV, launch off an embankment, and burst into flames.

NHTSA said it had received reports of 102 incidents in which the accelerator may have become stuck on the Toyota vehicles involved. The problem has led to 13 crashes, 17 injuries and 5 fatalities in Toyota vehicles, according to NHTSA.

Toyota’s warning affects the following vehicles:
2007-2010 model year 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.

If you, your family, or friends have been in a Toyota vehicle, and had the accelerator stuck resulting in an injury accident in the State of California, you may be entitled to compensation, under California product liability laws.

Please call our Personal Injury Hotline at 800-816-1529 or click here now.

By California Product Liability Attorneys

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CHP Cruiser hits Pickup Truck in Santa Rosa, California; Driver Critically Injured.

Santa Rosa California Crash Involving CHP, Pickup Truck, and MotorcycleSanta Rosa – California

A California Highway Patrol cruiser spun out of control and struck a pickup truck, critically injuring the driver, on Highway 12 just east of the Highway 101 interchange in Santa Rosa Saturday night, the CHP said.

Officer Blair Hardcastle took evasive action when a motorcycle merged onto the highway from the Maple Street onramp about 6:30 p.m., driving partly onto the dirt center strip, Sgt. Kevin Mensior said.

The motorcycle crossed over to the fast lane in front of Hardcastle, who was responding to a call with lights and siren activated, Mensior said.

The cruiser spun across both lanes, struck the guardrail and hit the pickup, a 1991 Chevrolet Silverado driven by Cynthia Mae Dempsey, 44, of Santa Rosa. The pickup rolled over onto its roof, the CHP said.

Dempsey, who sustained a forehead cut and an injury to the right side of her head, was transported to Santa Rosa Memorial Hospital, the CHP said.

Dempsey was in surgery late Saturday and was listed in critical condition, a hospital spokeswoman said.

Officers said they had not determined if Dempsey was wearing a seatbelt.

The motorcyclist, Justin Lee Oliver, 36, of Santa Rosa was not injured and his bike, a 2000 Kawasaki ZR-Z, was not struck.

Mensior said no citations or arrests had been made, and that the accident was still under investigation. A special accident investigation team was en route to the scene at 9 p.m.

Alcohol was not involved, Mensior said.

Westbound traffic on Highway 12 was detoured off the highway onto side streets from Farmers Lane to Santa Rosa Avenue. Officials said the detour might last until midnight.

Hardcastle sustained scrapes to the forearm, likely from his airbag deploying, the CHP said. His cruiser was totaled.

Santa Rosa Truck Accident, Car Accident, Motorcycle Accident Attorney Website

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Man killed, Six Injured in Truck Accident outside Salinas, California.

Salinas California Car and Truck Accident AttorneyA Salinas Valley farmworker was killed and six other people were sent to hospitals Wednesday when a truck smashed head-on into a car on Alisal Road outside Salinas, California.

The California Highway Patrol said the crash happened shortly before 7a.m. about a mile north of Hartnell Road.

Juan DeLeon Alcantar, 43, was pronounced dead at the scene after a Chevrolet Silverado stuck his Toyota Camry, the CHP said.

The driver of the Silverado, Jose Tinoco, 68, of San Luis, Ariz., was driving north on Alisal Road when the truck crossed over the double yellow lines, officers said. The truck sideswiped a Honda Accord traveling south and continued, colliding head-on with the Toyota.

Two of Alcantar’s passengers, Jose Ricardo DeLeon, 33, and Guadalupe Montoya, 33, suffered major injuries and were taken to Santa Clara Valley Medical Center, the CHP said. A third passenger, Javier Escobar, 38, suffered moderate injuries and was taken to Natividad Medical Center.

All of the men in the Toyota are from Salinas, and Monterey County coroner’s officials said the men were headed to Chualar to work in the lettuce fields.

Tinoco suffered minor injuries in the crash and was taken to Natividad Medical Center.

The driver of the Honda, Yesenia Flores, 21, of Salinas, suffered minor injuries when her car skidded out of control and went into a drainage ditch, the CHP said. She was also taken to Natividad.

A passenger in Flores’ car, Juana Robles, 20, of Salinas, was taken to

Salinas Valley Memorial Hospital, but CHP officers did not say if she was injured.
The CHP said there was fog at the time of the crash but the cause of the collision is under investigation.

Anyone who witnessed the crash is asked to call the CHP Salinas office at 796-2100.

Salinas California Truck Accident and Car Accident Attorney Website

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San Diego Band “A City Serene” involved in a Horrific Bus Accident.

city-sereneA few days into their first tour, promoting their debut album “The Art of Deceiving Perception” the San Diego band called “A City Serene” were involved in a horrific bus accident on Interstate 5 in Kern County, south of Bakersfield.

Six members of the band were traveling north on I-5, approximately a mile and a half south of Grapevine when the accident occurred. According to the California Highway Patrol, a driver in a Ford pickup heading south, lost control of the vehicle, and hit a dirt berm causing it to travel 100 feet before impacting and going over the center divider.

The truck then hit a Honda Civic, which crashed into the bus resulting in another collision. All of the members were air lifted to multiple hospitals in the Central Valley. The band members include singers Xander Bourgeois and Carly Baker, guitarists Kris Renfro and Michael Sherman, bassist/vocalist Marc Koch and drummer Mike Buxbaum.

The band manager Billy Candler released Information regarding their injuries, but for privacy reasons, details on who sustained each injury were left out. Four of the band members suffered concussions and broken bones that required surgery and intensive care. The remaining two musicians are in a coma.

Candler states, “The other two are still in a coma. One has signs of responsiveness. But we’re definitely not even close to being out of the water at all for either of them. Right now it’s kind of a waiting game with them. They are the two we are obviously the most worried about. (The doctors) said it was a good sign they’ve made it this far.”

The crash has impacted the families tremendously. Currently they are staying in hotels near the hospital to be closer to their children.

A City Serene’s CD release show was scheduled to take place Oct.3 at Soma. The show has now become a benefit for the band member’s families to help the large medical bills. The benefit will include Adestria, Casino Madrid, I Am The Heart Attack, Thy Kingdom Come, The Subtle Way and Welcome Seraph.

Tickets are $10 and are available at www.somasandiego.com. There are also a few ways to donate online. Please visit their merchandise website or a pay pal account manager Billy Candler has set up.

“Right now, I can’t stress how important it is for you to help spread the word about the band, their situation, and do anything you possibly can to help raise money for their families. The accident took place near Bakersfield and the whole ACS crew will be up there for a while and it will be expensive.” Band representatives ask to please follow updates @ACitySerene on Twitter and the band’s MySpace page at www.myspace.com/acityserene.

The driver of the Ford pickup truck is obviously at fault in this accident. We send our prayers and condolences to the band and their family.

Bakersfield, Kern County, and San Diego, Bus Accident, and Car Accident Attorney

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Motorcyclist suffers major injuries in Highway 1 crash in San Luis Obispo

Fatal Motorcycle Accident in San Luis Obispo, California

Fatal Motorcycle Accident in San Luis Obispo, California

San Luis Obispo – California

A 24-year-old San Luis Obispo man riding a motorcycle was taken to Sierra Vista Regional Medical Center this morning with major injuries after colliding with a stopped semi truck on Highway 1, the CHP said.

The man, whose name has not yet been released, was riding northbound in the highway’s fast lane when traffic stopped in front of him to allow a semi truck to make a right turn onto Stenner Creek Rd. around 9:05 a.m., according to CHP Officer Joe Vega.

The semi had to take up both lanes on the highway to safely make the turn, Vega said, and it appears the motorcyclist didn’t see the stopped cars behind it in time to slow.

“He swerved to the right,” Vega said, “squeezed between both lanes in attempt to avoid the stopped cars but then collides into the right rear corner of semi.” Drugs or alcohol don’t appear to be a factor in the accident, he added, and no other injuries were reported.

Investigators haven’t yet determined how fast the motorcyclist was going.

Most people would not realize it, but the motorcycle had the right of way in this instance and the truck driver will most likely be held to be at fault.

In California, a driver is not allowed to make a turn unless the coast is clear, notwithstanding the fact that drivers may have stopped for him. Secondly motorcyclist are allowed to lane split in the State of California, so long as they are not going more than 15-20 miles per hour faster than the flow of traffic.

This is an unfortunate accident.

If you or your family has been the victim of a wrongful death in the State of California, or you have had a motorcycle, car, truck, or other motor vehicle accident, feel free to call my firm for a free consultation at 800-816-1529 ext. 1.

California Wrongful Death Attorney, Car, Truck, Motorcycle Attorney Website

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Fatal crash continues to raise questions as to whether the Accelerator Stuck. What do you do when a Car Accelerator Sticks?

California Fatal Car Accident Attorney and LawyerSAN DIEGO, California –

A horrible car crash that killed a California Highway Patrol officer and three of his family members continues to raise questions as investigators try to determine whether their loaner car’s accelerator stuck and what – if anything – could have prevented Friday’s tragedy.

The 2009 Lexus ES 350 came from Bob Baker Lexus El Cajon, where CHP officer Mark Saylor of Chula Vista had dropped off his regular vehicle for servicing.

Toyota, which makes Lexus cars, had recalled the “all weather” floor mats in its 2008 version of that car model because of complaints about them sliding forward and jamming the accelerator. A sales manager at Bob Baker Lexus said he wasn’t sure which mats were in the Lexus loaned to Saylor.

On Monday, Toyota issued a statement saying the company is deeply sorry to hear about the Saylor incident.

“We are unable to comment on this tragic accident until all the facts are known,” the statement said. “It is important to avoid speculation and allow any investigation to run its course.”

It’s not known whether Saylor, a 19-year CHP officer whose job entails vehicle safety inspections, tried to shut off the engine or put the car in neutral – the two most common ways to slow down a vehicle with a stuck accelerator.

Car experts said it’s not always that simple.

An electrical or mechanical failure could have made it impossible to shift into neutral, said Daniel Vomhof III, a vehicle accident reconstructionist with La Mesa-based Expert Witness Services.

Shutting off the engine also can be tricky because most modern vehicles will then lock the steering wheel, leaving the driver unable to steer, Vomhof said.

Asked if drivers have a third option, he replied: “Pray a lot.”

Another complication: A report by the National Highway Traffic Safety Administration found that some Lexus drivers with stuck accelerators tried to turn off the car with the engine control button but didn’t know the button must be held for three seconds.

The agency’s researchers recorded seven crashes, 12 injuries and 40 complaints involving the recalled floor mats in Toyota vehicles.

They also said that when the throttle pedal is fully open unintentionally, some drivers react by hitting the brakes multiple times. This action depletes the vehicle’s vacuum-based power assist, and without that assistance, the brakes must be applied with much more force. Continued driving in that manner can result in overheating the brakes, further diminishing their effectiveness.

Toyota acknowledged the complaints and created new instructions for installing the mats properly. There have been no recalls of the 2009 ES 350, the traffic safety administration said.

On Friday, someone in the Saylors’ Lexus called 911 just after 6:30 p.m. to report the stuck accelerator. Witnesses said the car was traveling northbound on state Route 125 in Santee at more than 100 mph when it entered a T-intersection with Mission Gorge Road.

The vehicle slammed into the rear end of a Ford Explorer and then plowed over a curb and through a fence before hitting an embankment and going airborne. It rolled several times before stopping and bursting into flames in the nearby San Diego River basin.

The CHP said those killed were Saylor, 45; his wife, Cleofe, 45; his daughter, Mahala, 13; and his brother-in-law, Chris Lastrella, 38.

The accident was a wake-up call for some Lexus owners.

Marcelle Khalil of Del Mar, a pharmacist who drives a 2006 Lexus GS 300, said she had a problem with her accelerator two weeks ago. It stuck as she drove into her employer’s parking lot and she narrowly missed a truck before slamming into a curb.

Khalil said she was positive she didn’t step on the gas instead of the brake, but began to doubt herself until she read about the Saylors.

“This could happen to anybody,” she said. “I’m scared to drive my car.”

Blair Carter, a sales manager at Bob Baker Lexus, said “our hearts sunk when we heard” about Friday’s accident.

He said the vehicle had a double redundant fail-safe system that should have shut the car off if there were a major malfunction, and that he had never heard of a situation in which the accelerator was stuck and the car couldn’t be stopped.

“I would get in any of our cars today with my family and drive to Maine,” Carter said.

Product Liability Law –

If it can be proven that the vehicle had a manufacturing or design defect, the family of the persons who were killed in the car crash would be able to sue for wrongful death for a defective product, and not have to prove negligence in Court.

However, if the vehicle which was loaned to the decedent’s had the mats that were recalled by Toyota, then the dealer could be sued under negligence or product’s liability law.

In the end, this is a horrible tragedy for the family of the victims. We have posted this story to provide education to the public on stuck accelerators, and what can be done pursuant to California law if you are the victim of a defective product.

What do you do when your Car Accelerator Sticks?

Car experts recommend trying the following actions if the accelerator becomes stuck while a vehicle is moving:

  • Repeatedly step on the gas pedal to jar it loose.
  • Step on the clutch to disengage the gears or shift the vehicle into neutral.
  • If all else fails, turn the vehicle off. This option could cause loss of power steering or lock the steering wheel in place.

California and San Diego Products Liability and Personal Injury Lawyer and Attorney Website

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