Comments on: Toyota/Lexus Recall – Are you Safe? http://www.sailelaw.com/blog/toyotalexus-recall-%e2%80%93-are-you-safe PA - NJ Car Accident Injury Lawyer Blog Fri, 03 Feb 2012 14:54:33 +0000 hourly 1 http://wordpress.org/?v=3.1 By: raphael http://www.sailelaw.com/blog/toyotalexus-recall-%e2%80%93-are-you-safe/comment-page-1#comment-51910 raphael Wed, 31 Mar 2010 15:32:57 +0000 http://www.sailelaw.com/blog/?p=507#comment-51910 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. 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.

]]> By: raphael http://www.sailelaw.com/blog/toyotalexus-recall-%e2%80%93-are-you-safe/comment-page-1#comment-51908 raphael Wed, 31 Mar 2010 14:28:25 +0000 http://www.sailelaw.com/blog/?p=507#comment-51908 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. 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.

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