SAN 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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