Toyota announced several massive recalls of its cars, vans, and trucks in 2009 and 2010 because the gas pedal and throttle system in certain models could cause unintended acceleration. Along with the recalls came hundreds of lawsuits, brought by individuals and on behalf of large groups of people (called class action lawsuits). Toyota models affected by the recalls include the 2004-2009 Prius, 2005-2010 Avalon, 2007-2010 Camry, 2005-2010 Tacoma, and 2007-2010 Tundra. Affected Lexus models include the 2007-2010 Lexus ES350 and the 2006-2010 Lexus IS.
The individual lawsuits seek compensation for injuries or deaths caused by Toyota's faulty accelerator pedals. The class actions seek compensation on behalf of Toyota owners whose cars have declined in value due to the defects.
If a car manufacturer or the National Highway Traffic Safety Administration (NHTSA) discovers a safety defect in a particular car, motorcycle, or other vehicle, the NHTSA may order a recall or the manufacturer may voluntarily recall the vehicle. When a car is recalled, the manufacturer notifies vehicle owners of the problem and provides a remedy, such as a free repair. (To learn more about vehicle recalls, see Nolo's article Safety Recalls for Cars & Motorcycles.)
Between the fall of 2009 and the winter of 2010, Toyota recalled approximately 8.5 million vehicles worldwide.
September 2009. Toyota's string of recalls began when Toyota and the NHTSA received numerous complaints about faulty accelerator pedals that caused the cars to suddenly accelerate, sometimes resulting in injury or fatal crashes. Toyota recalled 3.8 million vehicles of various models. Toyota stated that the accelerator pedals were getting trapped in floor mats. It devised a fix for the problem, which many owners believe did not solve the safety issue.
January 2010. Toyota recalled another 2.3 million vehicles, now stating that the accelerator pedals themselves were faulty due to problems with an electronic throttle system.
January 26, 2010. Toyota suspended sales and production of eight vehicle models until the company could fix the accelerator pedal problem.
January 27, 2010. Toyota widened the accelerator pedal recall, adding another 1 million vehicles to the recall list.
January 29, 2010. Toyota recalled affected vehicles in Europe.
February 2010. Toyota recalled nearly half a million 2010 Prius vehicles due to braking problems.
Under NHTSA rules, Toyota is obligated to notify all owners of recalled vehicles. If you did not get a notice of recall, but believe your vehicle may be subject to the recall, visit Toyota's Recall Information website (at www.toyota.com/recall) or the federal government recall website (at www.recalls.gov) to see if your vehicle has been recalled.
The NHTSA launched an investigation into Toyota's actions relating to the defective accelerator pedal. On February 19, 2010, the NHTSA announced its determination that Toyota knew of the safety defect, but waited four months before reporting the problem. The NHTSA fined Toyota a whopping $16.375 million for its reporting failure -- the largest fine ever imposed by the NHTSA.
Not surprisingly, the massive Toyota recalls spurred hundreds of lawsuits nationwide. The lawsuits typically fall into two categories:
So far, over three hundred lawsuits have been filed in both state and federal courts, and that number is likely to increase.
Many Toyota owners and passengers claim they've been injured in crashes caused by Toyota's defective accelerator pedal. Typically, these individuals bring a personal injury lawsuit in state court, including defective product liability claims.
To prove a defective product claim, the plaintiff (the person bringing the lawsuit) must demonstrate that:
In the Toyota cases, the second element -- whether the accelerator pedal was defective -- is likely to be a foregone conclusion. In most cases, the litigation will revolve around the first and third elements. That is, did the accelerator pedal cause the accident and, if so, was the plaintiff's injury a result of the accident?
Depending on the particular circumstances of a case, Toyota might argue that some other factor caused or contributed to the crash (for example, the driver was drunk or speeding, or another car crashed into the vehicle) or that the injury was not a consequence of the crash (for example, that plaintiff's back pain existed prior to the crash). (To learn more about the elements and defenses in product liability lawsuits, see Nolo's article Product Liability Claims Involving Defective Cars.)
If the crash resulted in an individual's death, plaintiffs may bring a personal injury lawsuit for wrongful death. In a wrongful death claim, a representative (usually the executor of the decedent's estate) brings a lawsuit on behalf of the decedent's survivors alleging that the death was caused by the legal fault of another -- in this case, Toyota. (To learn more about wrongful death actions, including who may bring an action, what damages are available, and applicable time limits for filing, see Nolo's article Wrongful Death Claims: An Overview.)
Since the Toyota recalls, nearly 200 class action lawsuits have been filed in both state and federal courts. For the most part, the class action lawsuits seek compensation for Toyota owners who have suffered economic losses due to the recall. Those losses include:
The lawsuits allege that Toyota violated various warranty laws, state consumer protection laws, and other common laws. The legal claims revolve around the allegation that defects in the vehicles caused "sudden unintended acceleration."
A number of the class action lawsuits around the country have been consolidated into one large lawsuit, called the Multi-District Litigation (MDL). The Toyota MDL is being litigated in a federal district court in central California. (To learn more about Multi-District Litigation, see Nolo's article Multidistrict Litigation (MDL) in Drug Lawsuits and Other Cases.)
The MDL plaintiffs allege that Toyota's electronic throttle system caused "sudden unintended acceleration" in the vehicles and that Toyota should have used (but didn't) a failsafe measure along with the electronic system. Plaintiffs argue that Toyota knew about the problem (because of numerous consumer complaints and reports of injuries and deaths), but continued to manufacture, market, and sell the vehicles. The defect and recall, plaintiffs argue, have caused the value of their vehicles to decline.
If you were injured in a crash because a Toyota accelerated unintentionally, or if you are a Toyota owner and suffered economic damages because of the Toyota recall, you may be able to bring a lawsuit against Toyota or join an existing class action. (To learn more about joining a class action lawsuit, see Nolo's article Product Liability Claims Involving Defective Cars.)
by: Kathleen Michon, Attorney
Reprinted with permission from the publisher, Nolo, Copyright 2010, Nolo.com
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