New Jersey Lemon Law Lawyer Blog

TOYOTA RECALL AND POSSIBLE LEGAL CLAIMS

The questions must be asked!!

What if the manufacturer and/or distributor Toyota Motor Sales was aware that the cars had these defects when distributed to the dealers?

What if the defects were not addressed quickly enough?

What roles did the dealers play and what of the Toyota dealers were aware that the cars had defects and failed to disclose this information to the consumers?

What if the Toyota dealers made misleading disclosures about the known defects to potential purchasers?

Is there a breach of warranty claim even if they fix the problem?

How long have they known about the defect?

Is there a consumer fraud claim under New Jersey law against the dealer the manufacturer or both?

What did the dealers really know about the issues with these cars since they were the ones doing the repair work?

ANSWERS SOON TO FOLLOW

TOYOTA STOPS SELLING CERTAIN CARS

Toyota Recall

The law firm of Carton & Rudnick is investigating claims that individuals and/or entities have against Toyota Motor Sales for allegations that the vehicle is working improperly. As it has been reported recently, there is a significant recall underway with regard to problems which are currently widely known with various models distributed by Toyota Motor Sales U.S.A.

There is breaking news that there has been political implications for this issue

House Energy and Commerce Committee Chairman Henry Waxman said he would hold a hearing next month to consider "how quickly and effectively" the car maker responded to complaints about sticking pedals and slipping floormats.

Feel free to call the law office of Carton & Rudnick if you have any questions pertaining to your rights or obligations under this recall and the status of any claims that you might have against any entities including the dealership.

On January 21, 2010 Toyota Motor Sales U.S.A. issued a press release indicating there would be a recall of approximately 2.3 million vehicles to fix/correct a sticking accelerator in various specific Toyota Division models.

This press release stated that this action was distinct from an ongoing recall of approximately 4.2 million vehicles, Toyota and Lexus, to reduce the risks of pedal entrapment.
The press release indicates that Toyota had been investigating isolated reports over a lengthy period of time to determine if there was a risk under certain circumstances of danger to the drivers and the public with regard to this pedal condition. This is according to the Toyota website.

According to the Los Angeles Times reported per the internet, ‘Toyota found to keep tight lid on potential safety problems’, and that the website indicated a Times investigation shows the world largest automaker had delayed recalls and attempted to blame human error in cases where owners claimed vehicle defects.

This is per the December 23, 2009 internet posting by Ken Bensinger and Ralph Vartabedian. Apparently, this was discovered in a routine test on a Sienna minivan in April 2003 where the engineers found a plastic pedal could come loose and gas pedal could stick potentially making a vehicle accelerate beyond control.
The article asserts/alleges that in January, six years after discovering the potential hazard, the automaker recalled 26,501 vans made with this old pedal. The article states, ‘The automaker knew of a dangerous steering defect in vehicles including the 4Runner sport utility vehicle for years before issuing a recall in Japan in 2004. But it told regulators no recall was necessary in the U.S., despite having received dozens of complaints from drivers. Toyota said a subsequent investigation led it to order a U.S. recall in 2005’.

The law firm of Carton & Rudnick handles breach of warranty and other various consumer claims against both dealers and manufacturers. If you feel that the dealer and/or the manufacturer made material omissions of fact pertaining to the Toyota that you purchased, contact his office and you will receive a consultation.

The National Highway Safety Administration did an investigation on this issue

This is scary stiff taken from a NHTSA report: Be carefull

Driving home from work, I experienced a sudden uncontrollable surge in
acceleration causing my speed to increase from about 60 mph to 80+ mph.
Immediately I began to brake hard as I was rapidly approaching traffic just
ahead of me. Fortunately the inside left lane was unoccupied and I was able to
make an immediate lane change. Initially I depressed the brake pedal as hard as I
could using both feet but only managed to slow the vehicle to 40-45 mph. With
my speed reduced, I alternated between pumping the accelerator pedal and
pulling up on it from the underside with my right foot as it became clear that the
throttle was stuck in an open position. The vehicle continued to speed back up to
over 65 mph with less pressure on the brake pedal.
With traffic just ahead of me, I moved over to the left shoulder next to the
center barrier and continued to try to release the open throttle. There were
clouds of smoke around the vehicle and the smell of burning materials from the
overheating brakes. After finally getting the vehicle slowed down to about 25-30
mph, I shifted into “Neutral” and depressed the start/stop push button a number
of times hoping to stop the engine but nothing happened. Instead the RPMs
moved up into the redline range on the tachometer. I quickly shifted back into
“Drive”; the vehicle jolted and rapidly accelerated to 60+ mph.
As the brakes were fading quickly, I was certain that I would need to shift
back into “Neutral” and let the engine blow up to stop the vehicle. Suddenly the
acceleration surge stopped and I was able to bring the vehicle to a stop about 1 ½
to 2 miles from where it had started. I quickly shifted into “Park” and depressed
the start/stop push button to turn off the engine. The vehicle seemed to shutter as
I did so. Upon restarting the car, I drove cautiously to Lexus of Wayzata a short
distance away fully prepared to shift into “Neutral” if the acceleration repeated.
The car remains there over 5 weeks later.