Lexus ES 350 similar to model driven in
fatal crash of California family.
It was the panic-stricken voice captured seconds before the sounds of a fiery crash that finally vaulted Toyota's runaway cars to national attention. "We're going north on 125 and our accelerator is stuck… there's no brakes… hold on and pray." The Lexus ES 350 sedan then careened through a fence and burst into flames, killing an off-duty California Highway Patrol officer, his wife, daughter and brother-in-law who had made the 911 call.
Turns out Toyota had fielded more than 2,000 complaints of unintended acceleration going back to at least 2002. Worse, it appears that the company downplayed the problem, prematurely claimed loose floor mats were solely to blame, and may have deliberately withheld evidence from families, their lawyers and government investigators.
Understanding Recalls, Your Car, Your Rights
You can start protecting yourself from unsafe cars by understanding the recall system:
- NHTSA depends on consumer complaints to uncover possible safety defects.
- Recalls are issued either voluntarily by the manufacturer or ordered by NHTSA.
- Manufacturers must notify the vehicle owner and offer to fix the defect at no charge.
- Dealers are under contract to do the work for free and should be reported to the manufacturer if they refuse.
- Sometimes you can be reimbursed for repairs done to fix a defect that later prompts a recall.
Download the Defects and Recalls handbook.
Check For Recalls On Your Car
Unfortunately, many recall notices never get to the vehicle's owner. Those that do are often ignored because owners perceive the problem as too minor to have repaired. That's not a good idea, say safety experts, because seemingly minor defects can trigger bigger problems in other parts of the vehicle.
Use these free online services to look up recalls by make, model, year, etc. Just keep in mind that the defects you find may not exist in every vehicle manufactured for that given year:
- NHTSA's Safecar.Gov – Their vehicle lookup is easy to use, and you can now have future recalls sent to your e-mail automatically for five different vehicles.
- Edmund's Maintenance Guide – Includes all of NHTSA's recall data plus recommended maintenance based on your car's mileage.
Call An Expert If You Think A Defect Caused An Accident
An opinion piece that recently appeared in the Wall Street Journal points out that crash vicitms, their families, and their lawyers deserve credit for forcing action on the Toyota case. In fact, cars are just one example of thousands of products that are now safer because Americans demanded justice. (Download article here)
If you've been involved in an accident that you suspect was caused by a safety defect – especially if there were injuries – contact us immediately. These are difficult and highly complex cases, and will require experienced legal counsel with the resources necessary for detailed mechanical and accident scene inspections. |
