Petersburg Personal Injury Lawyers Petersburg Office   220 North Sycamore Street, Petersburg, VA 23803-3228   (804)733-3100
Petersburg Office   220 North Sycamore Street, Petersburg, VA 23803-3228   (804)733-3100

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Petersburg Personal Injury Blog

Friday, February 5, 2010

Product Defect Recalls

Failure to pay attention to motor vehicle recall notices we receive in the mail or hear about on TV or in the newspaper can lead to serious car and truck accidents. As a personal injury lawyer in Petersburg, Virginia, I know from professional experience that motor vehicle or other product defects can cause severe injuries and even death. Therefore, I suggest you pay close attention whenever you learn of a manufacturer's recall.

What brought this issue to mind? Recently, I read that Toyota had recalled various Toyota and Lexus models after reports of one or more accidents involving unintended vehicle acceleration.

One story was particularly horrifying. Last August, an off-duty California Highway Patrol officer was driving near San Diego when he realized his car was suddenly accelerating, and he couldn't slow down or stop. In panic mode, his wife telephoned 911 to report they were travelling at 120 miles an hour and couldn't slow down. Shortly thereafter, the vehicle ran off an embankment, crashed, and caught fire. Four people were killed. What had happened?

An initial investigation indicated the floor mat on the driver's side had trapped the accelerator pedal. Owners of about 4 million Toyota and Lexus automobiles were warned to remove the floor mats immediately. The car company issued a recall and will begin fixing the problem early this year. First, the floor mats will be redesigned to reduce the risk of pedal entrapment due to floor mat interference.

Two further modifications have also been proposed. Toyota will shorten the accelerator pedal by about three-quarters-of-an-inch. Eventually, it will replace the pedals altogether.

Most important, in my opinion, however, is the company's decision to install a brake override system. This system will ensure a vehicle will stop even if the accelerator and brake are applied simultaneously. In other words, the brake will override the accelerator. In practice it will mean that, if an accelerator is entrapped for some reason and remains depressed, the driver only has to depress the brake to stop the car.

If you own a Camry, Avalon or Lexus 350, IS 350 and IS 250 models, check with your dealer to determine if your vehicle is one of those affected by the recall.

In the future, whenever you hear about a recall, ask yourself the following. Do you own the make and model vehicle subject to recall? If the recall doesn't involve a car or truck, does it include another type of product you have like a baby crib? If the answer to the first question is yes, take your car, truck or motorcycle to the dealership for repair as promptly as possible. If the product is not a motor vehicle, follow the manufacturer's guidelines for having the defect repaired. Your safety or a family member's may be at stake.

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