The Cochran Firm Legal Blog

When Toyota recalled 3.8 million vehicles in September in the wake of an auto accident that killed four people in San Diego county, it was believed to be because of a defect in the vehicles. While focus was on the possibility that the gas pedal was trapped beneath the floor mat, the wide recall led many, including the National Highway Traffic Safety Administration, to believe there were other issues that may have caused the Lexus involved in the accident to accelerate.

Toyota sent a letter out to those affected by the recall stating there is "no defect" in their vehicle and that they simply need to remove the driver side floor mat to correct the problem. In a video statement, Toyota disputed claims that the acceleration issue was related to other problems than the floor mat. This has caused a public rebuke by the NHTSA telling Toyota to clarify their "inaccurate and misleading" statements that no defect exists.

Toyota has responded that they never meant to mislead or provide information that could be construed as inaccurate. Furthermore, the corporation adds that it is still looking into "vehicle-based" solutions to prevent unintended acceleration in vehicles that may cause an accident. Ideas include changing placement of the pedals or changing engine control software in onboard computers.

Since 2003, the NHTSA has investigated acceleration incidents in Toyota vehicles eight times. There were smaller vehicle recalls at the time that were based around two cases of carpet paneling in minivans and floor mats in Lexus and Toyota Camry sedans affecting the gas pedal. However, in six other cases the investigation was closed without pinning down a defect in the vehicles.

Vehicles still affected in the recall include:

• 2007-2010 model year Toyota Camry
• 2004-2009 Toyota Prius
• 2005-2010 Toyota Avalon
• 2005-2010 Tacoma
• 2007-2010 Toyota Tundra
• 2007-2010 Lexus ES 350
• 2006-2010 Lexus IS 250 and IS 350

While Toyota continues to focus on the floor mats, the NHTSA has stated evidence could eventually point to additional reasons the vehicles are accelerating.

If you or a loved one has been injured in an accident caused by a defective vehicle, please contact the experienced defective vehicle attorneys at the Cochran Firm. We serve clients nationwide.

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