Trouble in Toyotaville

The last month’s news has generated enough tarnish to all but blot out Toyota’s sterling reputation, built over decades. To recap: Toyota launches largest recall in the company’s history for all-weather floor mats that may entrap the accelerator pedals after four die in a sudden unintended acceleration (SUA) crash in California; the company is under investigation for a severe rust problem with Tundras; former corporate attorney Dimitrios P. Biller, former in-house attorney who accuses the automaker of destroying and concealing evidence in rollover cases, produces four boxes of documents to a court in Texas. Continue reading

We’ll Just have to Work Harder…

Just when we thought we’d stirred the pot but good, Jim Smith comes along to set us straight. In a scathing Tire Review editorial, editor Smith takes aim at industry leader, the Rubber Manufacturers Association for leading the retail side of the industry off a cliff on two important issues: tire fuel efficiency and tire age.

In the former case, the RMA helped craft a tire fuel efficiency testing and grading and a consumer education provision in the Energy Bill of 2007. Smith was underwhelmed by the RMA’s role in a measure he called unnecessary and unfounded on any science.

Then Smith shakes Sean Kane in the association’s face on tire age, but even Kane “pounding the industry about old tires going bad,” barely rouses it. Despite, “countless lawsuits…alleging that older tires – six years or more in chronological age – failed and maimed or killed people; despite “Kane-led” attacks, bad press, proposed state laws, the RMA has only managed to burp out one squishy statement questioning the science behind tire age. Retailers are left to control the damage over the store counter.

Well, Mr. Smith, SRS knows a challenge when we hear one.

Read Smith’s Editorial in Tire Review

Toyota and NHTSA Issue Urgent Safety Alert to Remove Floor Mats: Will it Stop Sudden Acceleration?

Toyota and the National Highway Traffic Safety Administration have issued urgent consumer safety alerts to owners of a wide range of Toyota and Lexus models to take out any removable driver’s floor mat and NOT replace it with any other floor mat.

“Recent events have prompted Toyota to take a closer look at the potential for an accelerator pedal to get stuck in the full open position due to an unsecured or incompatible driver’s floor mat,” Toyota said in a press release.

The advisory follows an August 28 crash in Santee, California that killed four. California Highway Patrolman Mark Saylor was at the wheel of a 2009 Lexus ES350, when the vehicle apparently suffered an sudden unintended acceleration (SUA) event. Some investigators suspect that the floor mat may have entrapped the pedal.

The affected models are:

  • 2007 – 2010 Camry
  • 2005 – 2010 Avalon
  • 2004 – 2009 Prius
  • 2005 – 2010 Tacoma
  • 2007 – 2010 Tundra
  • 2007 – 2010 ES350
  • 2006 – 2010 IS250 and IS350

“Have all-weather floor mats caused unintended acceleration in some Toyota and Lexus models?  Probably.  But is it the only cause in these vehicles?  I don’t think so” says Sean Kane, president of Safety Research & Strategies.  “Reviewing complaint data, interviewing owners, and examining evidence from SUA incidents leads us to conclude there is more going on here.  This not likely the last we’ve heard of Toyota and Lexus sudden acceleration.” Continue reading

Fatal California Crash Highlights Toyota’s Sudden Unintended Acceleration Problem

SANTEE, CALIFORNIA—A horrific sudden unintended acceleration crash that killed four – including a California Highway Patrol officer who was at the wheel of the 2009 Lexus when it plunged over an embankment and burst into flames – may raise the profile of SUA incidents as the National Highway Traffic Safety Administration weighs granting a defect petition to re-investigate the problem in Lexus vehicles.

On August 28, Mark Saylor and his wife Cleofe, both 45, their 13-year-old daughter, Mahala, and 38-year-old brother-in-law, Chris Lastrella, were killed after reporting to a 911 operator that they could not stop their Lexus ES 350, as it careened down Route 125. The tape of the brief call, released to the public last week, features the voice of Lastrella, telling the operator that the vehicle had no brakes. The call ended with occupants calling on each other to pray. Continue reading

NHTSA Agrees to Correct Impala Star Ratings; GM, Enterprise Try to Allay Concerns over Deleted Airbags

REHOBOTH, MA – As Enterprise Rent-A-Car and General Motors scramble to correct the false advertising that claimed former fleet vehicles being sold used were equipped with “standard” side curtain airbags, the National Highway Traffic Safety Administration has agreed to correct the information on its consumer website.

Over a three-year period, GM had offered fleet buyers as a cost savings the option of deleting the standard side airbags in 2006-2008 Chevrolet Impalas and MY 2008-2009 Chevrolet Cobalt and Buick LaCrosse models. Last month, investigations by SRS and the Kansas City Star revealed that the troubled automaker and Enterprise, its biggest fleet customer and the nation’s largest used car seller, were re-selling these altered fleet vehicles – mostly the Impalas –  to retail consumers and advertised them as having the important safety feature. Continue reading

Chrysler Accepts Future Liability; Current Claimants Still have no Recourse

Two-and-a-half months after Chrysler took a pass on accepting responsibility for injuries and deaths caused by its defective products via an expedited bankruptcy plan, the automaker announced that it was going to accept future liability claims for vehicles made by the old company.

It would be heartwarming to imagine a corporate come-to-Jesus moment, but cooler calculations apparently prompted this new tack, including increased pressure from injury victims, Congress, and the threat of state-by-state litigation into the legality of wiping away future claimant’s rights.

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Chrysler, GM Bankruptcies Concluded, Defect Victims Cheated

WASHINGTON, D.C. – The Obama administration’s drive-by bankruptcies have left the victims of defect-related crashes to eat their dust, but consumer advocates are turning to other strategies to force Chrysler and General Motors to do the right thing.

Consumers for Auto Reliability and Safety, along with Consumer Action, Center for Auto Safety, Center for Justice & Democracy, and National Consumers League, have petitioned the Federal Trade Commission to require labels informing buyers of a used Chrysler’s unique liabilities. The label they’ve suggested goes like this:

“WARNING    This vehicle was produced prior to the date when the Chrysler bankruptcy was approved. If you buy this vehicle and are injured or killed, even if your injuries were caused by the manufacturer, you or your survivors will not be able to recover your losses by taking action against the manufacturer. If your passengers are injured or killed, even if their injuries were caused by the manufacturer, they and their survivors will not be able to recover their losses by taking action against the manufacturer.” Continue reading

Stick a Fork in It

Barring a successful appeal by some crash victims, the General Motors bankruptcy is a done deal. Over the Independence Day holiday weekend, Judge Robert E. Gerber of the federal bankruptcy court in Manhattan declared independence for General Motors from all previous liabilities. On Sunday, Gerber approved the sale of the automaker’s assets to a consortium consisting of the governments of the U.S. and Canada and a health trust owned by the United Auto Workers union. The parties were racing to beat the Obama administration’s clock of a bankruptcy and sale by Friday. The deal is expected to close on Thursday, after the judge’s four-day stay runs out.

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Caveat Emptor

Pity the poor used Chrysler dealer trying to peddle some pre-bankruptcy bargain with this sticker:

“WARNING    This vehicle was produced prior to the date when the Chrysler bankruptcy was approved. If you buy this vehicle and are injured or killed, even if your injuries were caused by the manufacturer, you or your survivors will not be able to recover your losses by taking action against the manufacturer. If your passengers are injured or killed, even if their injuries were caused by the manufacturer, they and their survivors will not be able to recover their losses by taking action against the manufacturer.”

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GM’s End Run Starts to Falter

Opponents of Chrysler and General Motors’ bid to play the get-out-of-liability-free card scored a partial victory Friday. GM agreed to amend the terms of its bankruptcy to assume liability for future death and injury claims. The deal was reportedly hammered out late Friday between the Treasury’s auto task force, GM and more than a dozen states attorneys general.

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