Toyota/Lexus Recall – Are you Safe?
Feb 22nd, 2010 | By Michael L. Saile, Jr., Esq. | Category: BlogsIn October 2009 Toyota issued a recall for nearly 4 million of its Toyota and Lexus vehicles, model years 2004-2010, due to unintended acceleration caused by the gas pedal getting stuck under the floor mat. It was originally thought that the floor mats were faulty in that when the gas pedal was depressed it would sometimes become entrapped in the floor mat. However, in December, four people died near Dallas, Texas as a result of their 2008 Toyota uncontrollably speeding off the road, crashing through a fence and landing upside down in a pond. Upon investigation of this car accident, the floor mats were found to be in the trunk.
The National Highway Traffic Safety Administration (NHTSA) reports that it received notification of one hundred acceleration-related incidents at the time Toyota issued the October recall. It has been determined that among these 100 incidents, there were 17 crashes and 5 fatalities. It has been confirmed that the 5 fatalities occurred in two separate fatal accidents.
Toyota says that in the short term they will shave off a portion of current owners’ gas pedals to keep them from getting caught under the floor mats. The company is working on a new gas pedal design for the affected models, which it hopes to have ready by April. Those owners who choose to have their gas pedals reconfigured now by the dealer are also eligible to have the new and improved accelerator installed in April, or as soon as they are available.
Though the immediate remedy of a gas pedal reconfiguration has been offered by the car manufacturer, both Toyota and the NHTSA strongly urge all owners of the recalled models to promptly remove the floor mats from the driver’s side of their vehicles. Do not replace these floor mats with any other product or material.
The Toyota and Lexus models included in the October 2009 gas pedal/floor mat recall are:
- 2005-2010 Avalon
- 2007-2010 Camry
- 2009-2010 Corolla
- 2008-2010 Highlander
- 2009-2010 Matrix
- 2004-2009 Prius
- 2005-2010 Tacoma
- 2007-2010 Tundra
- 2009-2010 Venza
-
2007-2010 Lexus ES 350
2006-2010 Lexus IS 250 and IS350
In January 2010 Toyota issued another recall on nearly 2.3 million more automobiles for further accelerator pedal problems. Relative to the 2009 recall, Toyota rejected any notion of a mechanical flaw in the accelerators. However, the manufacturer has recently been investigating some reports of incidents involving unintended acceleration in the absence of floor mats. The company has conceded that there is a possibility that in certain models the accelerator pedals may remain in a partially depressed position or return to slowly to the idle position after the driver presses down on the gas pedal. This creates a very dangerous situation for drivers, as well as any passengers in a car afflicted with the accelerator defect.
The Toyota vehicles affected by the January 2010 recall are:
- 2009-2010 RAV4
- 2009-2010 Corolla
- 2009-2010 Matrix
- 2009-2010 Avalon
- 2009-2010 Camry
- 2010 Highlander
- 2007-2010 Tundra
-
2008-2009 Sequoia
Roughly 1.7 million Toyota vehicles are subject to both recalls. To find out if your vehicle is involved in the recent recalls, enter your VIN on the Toyota owner’s website, www.toyotaowners.com.
If your Toyota or Lexus car, truck, or SUV has malfunctioned due to manufacturer error bringing harm to you or others, contact the personal injury lawyers at Saile & Saile LLP to help you fight for the compensation you deserve.
- 2009-2010 RAV4
This is a note taken from Toyota’s web site:-
http://www.lexus.com/recall/
Quote:- 3. What is the function of “brake override system”?
When the vehicle is moving and both the gas and brake pedal are pushed at the same time, this software forces the vehicle to respond to the brake only. The brake takes precedence over the gas pedal. end of Quote.
I have just had the recall work done on our 2007 ES350 but find the “brake override system” does not work in all situations. For example, when driving at 20-30 mph and gently apply the foot brake without taking my foot off the accelerator the car will slow down slightly relative to brake pressure BUT the accelerator pedal is still fully functional. With my foot on the brake, engine revs are not reduced and can actually be increased by pressing the accelerator. With the brake pedal pressed, the engine still responds to the accelerator and the engine is actually trying to accelerate the vehicle. At 30-40 mph with my foot on the accelerator pedal, if I press hard on the brake pedal, nothing happens for a one or two seconds, then eventually the engine revs subside. Those few seconds can result in the car traveling down the road a significant distance before slowing at a rate appropriate to brake peddle pressure. Imagine you experienced an unexpected acceleration problem. You would expect the engine revs. to diminish immediately so as to take maximum advantage of the braking pressure that is being applied. You would not expect the engine to fight against the braking action for a few seconds.
So for people who drive using two feet [the left for the brake and the right for the accelerator] – and quite a high percentage of people do – this recall is not the answer. Keep in mind Toyota concede some drivers use both feet by use of the wording “both the gas and brake pedal are pushed at the same time this software forces the vehicle to respond to the brake only”.
I have been back to the dealership and demonstrated that the brake override software revision does not operate in accordance with Toyota’s statement to owners. After discussing at the dealership I was advised that the recall has been carried out exactly per Toyota instructions.
It would appear that the Toyota wording “this software forces the vehicle to respond to the brake only” is a false statement.
Raphael
P.S. If I pull up to traffic lights or an intersection and have my left foot on the brake, the accelerator can still be used. At an intersection on level road, if I only have light pressure on the brake pedal, I can move the car forward using the accelerator – the car is moving !!!!!!!!. Further evidence that the Toyota wording “When the vehicle is moving and both the gas and brake pedal are pushed at the same time, this software forces the vehicle to respond to the brake only” is a false statement.
Extra comment: The point is a driver cannot simulate unintended acceleration. Ask yourself how can I have confidence that the brake override system will work in an emergency, when it does not work as outlined in an official Toyota statement.