North Carolina Car Accident Lawyer Blog

William Lee Hemphill, 88, has filed a North Carolina auto products liability lawsuit against Toyota Motor Sales USA, Toyota Motor Corp, and car dealer Flow Imports Inc. for injuries he sustained when his 2004 Lexus LS43) accelerated out of control.

Hemphill’s Guilford County, North Carolina injury lawsuit claims that his Lexus went into “uncontrolled rapid acceleration” as he was driving out of a parking garage on December 11. The Greensboro driver managed to avoid striking any pedestrians, but his car struck a building pillar before driving into an electrical transformer.

The 88-year-old broke his leg and is now at a Greensboro rehabilitation center. Hemphill claims that his Lexus had accelerated involuntarily before. He says that before the North Carolina car crash happened, he took his Lexus to Flow. The dealer repaired a broken hook on the driver’s side floor mat before telling him that the vehicle was safe to drive.

According to Hemphill’s North Carolina car accident attorney, Toyota’s acceleration issues have injured or killed over 2,000 people. More than 8.5 million Toyota vehicles have been recalled.

Yesterday, in front of the US house, a woman that lost her son, daughter, son-in-law, and granddaughter when the Lexus ES 350 sedan they were riding accelerated out of control to over 100 mph before crashing and killing everyone in the car spoke about the need to make sure that another family does not suffer this kind of massive loss because of a Toyota auto defect. The August 2009 runaway Toyota car crash occurred because the gas pedal got stuck in the floor mat.

Also yesterday, Akio Toyoda, the grandson of the man who founded Toyota, went before Congress to apologize to the family and the millions of Toyota vehicle owners.

Greensboro man sues Toyota after accelerator problems, crash, News & Record, February 24, 2010

Lastrella puts tragic face on Toyota recalls, Washington Post, February 24, 2010

Related Web Resource:
Toyota Motor Corporation

Toyota says it has developed a remedy for the gas pedal problem that led to the recall of 2.3 million vehicles in the US last month. Another 1.9 vehicles have been recalled in China and Europe over this particular auto defect.

The sticky gas pedal issue is causing huge safety concerns and further damaging the automaker's reputation as a manufacturer of reliable, safe cars. It doesn't help that Toyota just expanded its recall of 4.2 million vehicles last November for an unrelated accelerator defect—this one involving the gas pedal and the floor mat on the driver’s side—with with another 1.1 million autos.

Four family members died last August when the gas pedal got trapped under the floor mat, which prevented the driver from being able to stop the Lexus they were riding. Instead, the vehicle accelerated to excessively high speeds before going off the road and crashing. The driver, his wife, child, and brother-in-law died from their injuries.

In December, another four people died in what could be another runaway Toyota car crash. A floor mat was not involved in this deadly collision. More than 60 runaway Toyota car incidents are said to have occurred in the past few months. Toyota has asked motorists to stop using the ill-fitting floor mats and it is replacing the gas pedals.

With this latest gas pedal defect, Toyota says it will fix the problem by reinforcing pedal assembly so that excess friction doesn’t cause the part to stick. A precision-cut steel reinforcement bar will be installed to reduce tension.

Motor vehicle and pedestrian accidents can happen when a driver loses control of his/her auto. A gas pedal defect is a serious problem and auto manufacturers should make sure this kind of issue doesn’t exist or has been fixed before distributing them for sale.

Our Charlotte, North Carolina auto products liability lawyers represent North Carolina car accident victims and their families throughout the state. With law offices conveniently located in Hickory, Monroe, and Charlotte, we are committed to helping North Carolina and South Carolina injury victims recoup their losses.

Toyota announces gas pedal fix, CNN Money, February 1, 2010

Toyota recalls 2.3 million autos, MSNBC, January 22, 2010

Related Web Resources:
Toyota Motor Corporation

Safercar.gov

The National Highway Safety Administration is reporting that auto manufacturers recalled 16.4 million motor vehicles last year—that’s 6 million more autos recalled than in 2008. Granted, the 492 vehicle recalls of 2009 is less than the number of vehicles recalled in 2007 and 2008, respectively, but significantly large campaigns by Ford Motor Co. and Toyota resulted in an increase in the total number of vehicles recalled for the year.

With 9 recalls involving 4.87 million autos, Toyota led the list as the auto manufacturer with the most recalls for 2009. This included the recall of at least 3.8 million vehicles after four people were killed when the floor mat on the driver’s side jammed the gas pedal, making it impossible for him stop the vehicle as it accelerated to speeds of over 100 mph before crashing.

Other large vehicle recalls of 2009:

• Ford Motor Co. announced 8 recalls involving 4.5 million motor vehicles. The car maker recalled just 1.5 million autos in 2008.

• General Motors. Co. recalled 2.2 million autos during 16 campaigns.

• Nissan Motor. Co. recalled 706,000 autos during 7 campaigns.

• Chrysler Group LLC recalled almost 590,000 autos during 15 campaigns.

• Honda announced 4 recall campaigns involving 454,000 motor vehicles.

• Hyundai Motor Co. recalled 1.3 million autos during 8 campaigns.

• Volkswagen AG recalled 100,000 autos during 8 campaigns.

Auto defects can prove dangerous for vehicle occupants and others on the road. Poorly designed seat belts, faulty seat backs, engine defects, accelerator defects, defective tires, poorly designed roofs, airbag defects, and defective brakes are just some of the many reasons why an automaker might decide to recall a particular make and model. Unfortunately, North Carolina personal injuries and wrongful deaths may already have occurred before the defective part is identified and the recall is announced.

Auto recalls surge in '09, NHTSA says, Detroit News, January 12, 2010

AutoRecalls, Justia

Related Web Resource:
Motor Vehicle Safety Defects and Recalls Campaigns, NHTSA

Continue reading "North Carolina Auto Products Liability?: NHTSA Reports 16.4 Million Vehicles Recalled in 2009 " »

On December 4, the Governor's Highway Safety Program presented the “Tree of Life,” which is dedicated to the people that were killed in North Carolina car accidents in 2008. The tree stands on the State Capitol lawn in Raleigh and is decorated with 1,453 lights. 440 of the lights are red to note the people that were killed by drunk drivers.

Friday also marked the beginning of North Carolina's “Booze It & Lose It” campaign, which runs until January 3, 2010 and targets drunk drivers. Throughout the US this holiday season, federal and local safety and enforcement officials will be participating in similar initiatives to prevent drunk driving accidents.

On Monday, US Transportation Secretary Ray LaHood reminded drivers that there is nothing wrong with having fun as long as you don’t drive when you are drunk. While the national drunken driving rate dropped 7% between 2007 and 2008, too many people are still getting killed in drunk driving accidents.

Drunk driving accidents are preventable.

Nationwide, the drunk driving campaign "Over the Limit. Under Arrest” began yesterday and runs through the holiday season. Some $7 million in national radio and TV ads will air from December 16, 2009 – January 7, 2010 to remind people not to drive while impaired.

According to the National Highway Traffic Safety Administration, there were:

• Out of the 1,231 North Carolina motor vehicle deaths in 2008, 423 of the North Carolina car accident victims died in collisions involving alcohol-impaired motorists.
• 1,676 North Carolina traffic deaths in 2007.
• 497 2007 North Carolina car accidents deaths involving drunk drivers.
• 403 South Carolina drunk driving fatalities in 2008.
• 920 2008 South Carolina car accident deaths.
• 403 South Carolina drunk driving fatalities in 2008.
• 464 South Carolina drunk driving fatalities in 2007.
• 1,077 2007 South Carolina car accident deaths.

U.S. Transportation Secretary Ray LaHood Announces Intensive Holiday Drunk & Impaired Driving Crackdown & Advertising Blitz, NHTSA, December 7, 2009

Drunken driving fatalities down 7% in USA, USA Today, December 7, 2009

Related Web Resources:
Fatalities and Fatality Rates in Alcohol- Impaired-Driving Crashes by State, 2007-2008, NHTSA (PDF)

Governor's Highway Safety Program

Continue reading "“Tree of Life” Remembers 1,453 North Carolina Car Accident Victims that Died in 2008 as State Troopers Get Ready for "Booze It & Lose It” Campaign" »

Ford Motor Co. says it is recalling another 4.5 million autos to its already lengthy list of autos that need to be brought back in because of a faulty cruise control switch that could start a fire. This latest recall, the automaker's largest single recall ever, ups the total of vehicles the carmaker has recalled in the last 10 years because of these defective switches to about 16 million autos, says the National Highway Traffic Safety Administration. Texas Instruments made the switches.

Ford vehicles affected by this recent recall include:

• Ford Excursion diesels (2002 – 2003 models)
• Ford Econolines (1992 – 2003 models)
• Ford Windstars (1995 – 2003 models)
• Ford F-Super Duty diesels (1993-1997, 1999-2003 models)
• Mercury Mountaineers and Ford Explorers (1995 – 2002 models)
• Ford F53 motor homes (1994)
• Ford Rangers (1995 – 1997, 2001-2003 models)

The defective switches have resulted in numerous fires that have led to auto products liability lawsuits and hundreds of complaints. NHTSA investigators discovered that the switches are at risk of leaking internally, overheating, and catching fire. The NHTSA also said that there have been a number of instances involving leaking fluid damaging the antilock brake control module that is charged with electrical current.

Ford is no longer using the Texas Instruments-manufactured switches. This latest recall includes the last batch of autos in use that were made to include the switches. Meantime, Texas Instruments has said that its switches exceeded the specifications that Ford requested. Texas Instruments also noted that the switch is just one part of the cruise control deactivation system.

Fires caused by defective auto parts can result in catastrophic injuries for vehicle occupants and those around them. Burn injuries are very painful and can be costly to treat. An experienced North Carolina auto products liability law firm can help you obtain your financial recovery from an auto manufacturer and other liable parties.

CONSUMER ADVISORY: NHTSA Warns Consumers of Fire Hazards in Additional 4.5 Million Ford Vehicles, NHTSA, October 14, 2009

Ford recall hits 4.5 million vehicles, CNN Money, October 13, 2009

Related Web Resources:
Ford Cruise Control Switch Fires, Safety Forum

Ford Motor Company

Texas Instruments

One month after four people died in a car accident that involved a floor mat that may have jammed the Lexus’s gas pedal to the floor, Toyota announced that it will recall 3.8 million vehicles. This is the automaker’s largest recall ever and affects eight Toyota and Lexus models, including the 2004 – 2009 Toyota Priuses and the 2007-2010 Camrys. While most of the affected autos use key ignitions, many of the vehicles have start-stop buttons, which means that unless someone presses the button for three seconds, the engine will continue to run.

According to Toyota, if the floor mat on the driver’s side comes loose and causes the accelerator pedal to jam, the vehicle may accelerate to high speeds and the driver may not be able to stop the car. Toyota is waiting to figure out a solution before recalling the affected autos. In the meantime, the auto manufacturer wants vehicle owners to remove the driver’s side floor mat from the vehicle.

On August 28, California Highway Patrol Officer Mark Saylor, 45, his wife Cleofe,45, brother-in-law Chris Lastrella, 38, and daughter Mahala, 13, died in what investigators believe is a car accident that was caused by the floor mat causing the accelerator to become stuck. Witnesses say Saylor’s Lexus was weaving through traffic at a high speed. While turning left, his auto struck a Ford Explorer before driving through a fence, hitting a dirt embankment, flying over 100 feet through the air, and catching fire after landing.

Prior to the deadly car crash, someone from the vehicle called 911 to report that the brakes on the car was not working. The car accident victims died from blunt force trauma to the torso or head.

The government has noted that this floor-mat issue has been reported 102 times and has been linked to 13 car accidents, 17 injuries, and five deaths.

Car makers can be held liable for any auto part defect that results in a North Carolina car crash. Filing an auto products liability claim against a car manufacturer can be challenging without the help of an experienced Charlotte, North Carolina products liability law firm representing you.

Toyota to recall 3.8 million vehicles, Los Angeles Times, September 30, 2009

Toyota says floor-mat recall will be its largest ever, as it's blamed for 13 crashes and five deaths, USA Today, September 29, 2009

Deadly Accident Prompts Floor Mat Warning, NBC San Diego, September 15, 2009

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