Pennsylvania Personal Injury Blog

Toyota Motor Corp. announced on November 25 that it would replace accelerator pedals on about 4 million recalled vehicles in the United States because the pedals can get stuck in the floor mats.

The Philadelphia Inquirer reported that, temporarily, Toyota will have dealers shorten the length of the gas pedals beginning in January. The company is going to develop replacement pedals for their vehicles. New pedals will be available beginning in April, and some vehicles will have brake override systems installed as a precaution.

The Toyota Camry and the Toyota Prius are among those recalled. Also included is the luxury Lexus ES350, the model in a fatal accident in California that focused public attention on the danger.

Toyota announced the massive recall in late September and told owners to remove the driver’s side floor mats to prevent the gas pedal from potentially becoming jammed. The recall has prompted Toyota’s top executives to push for improved quality controls.

The recall involving the accelerators was Toyota’s largest recall in the U.S. It was prompted by a high-speed crash in August involving a 2009 Lexus ES350 that killed a California Highway Patrol officer and three members of his family. The Lexus hit speeds exceeding 120 mph, struck a sport utility vehicle, launched off an embankment, rolled several times and burst into flames.

A family member in the Lexus made a 911 call moments before the crash and told emergency responders that the accelerator was stuck and the driver couldn’t stop the car.

Continue reading "Toyota to Replace 4 Million Gas Pedals that Could Jam" »

A Cherry Hill woman riding a bike in Medford, NJ was hospitalized with multiple fractures because of a driver texting about a drug deal. According to an article in the Philadelphia Inquirer, the bicyclist was riding along Route 70, wearing a reflective vest and a helmet on November 16 when she was struck by a car.

The male motorist told police he was texting when his 1994 Oldsmobile Cutless wandered onto the shoulder.

The article said that the text message related to a deal for a “controlled dangerous substance.”
Police were seeking the man’s car before the accident happened and had reports he was driving erratically.

The biker suffered multiple injuries, including fractures to her face, a vertebrae and a leg.

Unauthorized prescription drugs were found in the car, and the motorist was charged with possession with intent to distribute.

Continue reading "Driver Injures Biker While Texting about Drug Deal" »

A man from Tabernacle, PA said a defective Toyota seat belt contributed to his paralysis. According to an article in The Philadelphia Inquirer, he thinks that the company may be withholding crash data that could prove it.

The injured man’s attorneys argued in court that Toyota had been evasive when asked whether crash-test videos still exist for the 1991 short-bed, deluxe pickup.

On January 4, 2005, as the plaintiff was heading to work, he stopped to make a left turn onto in Barnegat, Ocean County, NJ and was struck from behind and then by a second vehicle. He filed a year later against the first driver, Toyota, and the seat-belt manufacturer. The man’s legs are paralyzed, although he does have some upper-leg strength that allows limited walking with a walker or crutches.

The seriously injured man claims that he was wearing his seat belt because he always buckled the restraint before starting the vehicle, as required by his employer.

There are allegations in California accusing Toyota of withholding and destroying evidence during civil litigation in unrelated cases. The man’s attorneys said this may be indicative of a widespread practice to conceal damaging evidence.

On October 9, a Superior Court Judge ruled that the company had an obligation locally to clarify whether videos or other electronic information exist showing that vehicles have been properly tested and met all safety standards.

The plaintiff’s lawyers allege that the seat belt, with a design defect, opened upon impact and that he was thrown into the dashboard with such force that he fractured vertebrae. Had the seat belt worked properly, the man would not have been thrown from his seat.

One of his attorneys also alleges that Toyota engineers knew in 1991 the seat belts installed in some vehicles were defective and that they later installed a properly designed belt. But the company never issued a recall.

The case is scheduled for trial in February.

According to the article, attorneys for the injured man are questioning if the company has a broad practice of withholding evidence.

Continue reading "Burlco Man's Suit Has Toyota Safety Data at Its Center" »

A bankruptcy court judge overseeing certain Chrysler assets approved a $24 million settlement in the death of a California longshoreman run over by a Dodge pickup. According to an article, the settlement comes more than two years after a Los Angeles Superior Court jury awarded damages of more than $55 million to a deceased man’s family. The family argued the automaker had failed to fix and adequately warn consumers about a transmission defect that made it appear trucks were in park position, when they actually were between gears.

An appeal of the jury verdict by the former DaimlerChrysler was delayed by Chrysler’s Chapter 11 bankrupcty filing in April, leading to negotiations that resulted in a settlement.

The 38-year-old suffered fatal head injuries when he was run over by a 1992 Dodge Dakota at the Port of Los Angeles on April 13, 2004. Both sides in the lawsuit said he had left the truck running without setting the parking brake, but they differed on who was to blame for the accident.

Attorneys for the man’s family argued that the truck slipped into reverse after the man got out. Those attorneys said DaimlerChrysler had received more than 1,000 “park-to-reverse” complaints involving 1988 through 2003 model Dakotas. The family’s attorneys argued that the company issued a recall in 2000 but it was for repairs that failed to fix the problem.

Jurors found in March 2007 that DaimlerChrysler was negligent in the truck’s design, and for failing to warn consumers or adequately recall the vehicle.

Continue reading "$24M Chrysler Wrongful Death Settlement Approved by Judge" »

Two Philadelphia police officers suffered severe injuries after being struck by a car driven by a suspected drunk driver, according to this Fox News report. The two police officers had just arrested another drunk driver when a black Honda Pilot sideswiped their police car and plowed into the arrestee's red Chevy. One of the officers, who was still searching the Chevy, suffered critical head injuries including multiple facial fractures from the car accident in Philadelphia. The other officer, who was standing by the Chevy, suffered injuries to his arm and legs, but is said to be in stable condition. Police arrested the driver of the Honda on suspicion of aggravated assault, speeding and driving under the influence.

Driving under the influence in Pennsylvania has serious consequences on the lives of those who cross paths with the drunk driver in an accident. When a drunk driver injures or kills another person, he or she could be held criminally and civilly liable for the accident and resulting injuries. Drunk driving is the worst form of negligence and causes grief that no family should have to endure.

Continue reading "Philadelphia Police Officers Struck and Injured by Drunk Driver" »

A safety foundation has asked General Motors Corp. to recall its 2000-01 sedans and refit their trunks with emergency-release latches. According to this article by the Associated Press on Philly.com, this comes after two Arkansas children were found dead in the trunk of a 2000 Chevrolet Malibu.

Kansas-based Kids and Cars said that although Ford has installed glow-in-the-dark handles inside all trunks since 2000, General Motors offered the latches only as an option on models made before 2002.

GM did not say what action the company might take in the wake of deaths regarding their trunk's auto product liability.

A Washington County Coroner said it appears a 5-year-old and a 4-year-old of Springdale died accidentally in the car’s trunk last week.

Police said it is likely that the children were playing in the trunk when it closed and they likely died of asphyxiation. Temperatures were nearly 90 degrees the day they died. Further investigation of the wrongful deaths is needed.

The National Highway Traffic Safety Administration released data for “non-traffic” deaths in January that showed three people died in 2003-04 after being closed inside a trunk. In a one-month period of 1998, 11 children were found dead in car trunks, prompting calls for trunk-release latches.

Continue reading "Safety Group Asks GM for Trunk-Latch Recall" »

A 23-year-old Indiana County man died and a teenage girl suffered major injuries after the all-terrain vehicle they were in crashed into a utility pole, according to this news report. Ryan Dixson Henry was driving around the borough with a 15-year-old passenger when he drove off the road near 3rd and Main streets. Pennsylvania State police officials said Henry first struck a newspaper box and then a utility pole, causing both him and the girl to get thrown from the vehicle in this PA wrongful death accident. Neither person was wearing a helmet. Henry was taken to an area hospital where he was pronounced dead shortly after the ATV crash. He apparently died of head and chest injuries. The girl, who has not yet been identified, suffered serous injuries, the report stated.

ATV auto accidents in Philadelphia can cause serious injuries and even deaths. In this case, it is unfortunate that both the rider and the passenger were not wearing helmets. Safety gear is a must while riding an ATV. According to the U.S. Consumer Product Safety Commission (CPSC), there were 750 deaths and 146,600 injuries reported in 2006 as a result of ATV accidents in the United States. Officials say that at least one-third of ATV accident victims are children under 16 years of age.

ATV accidents can happen because of driver error, inattention or simply inexperience. However, often times, ATV crashes also occur because of a manufacturing or design defect. If you believe you have been seriously injured in an ATV accident because of a product defect, you would be well-advised to consult with an experienced Pennsylvania product liability attorney. You may be eligible to receive compensation from the manufacturer of the defective product to cover medical expenses, loss of earnings and other related damages. If you have been seriously injured as a result of a product defect, please call Cherry, Fieger & Marciano LLP. for a free and comprehensive consultation.

General Motors Corp. is recalling 1.5 million vehicles because of potential engine fires, according to an Associated Press news report. The recall includes the 1998-1999 Oldsmobile Intrigue; the 1997-2003 Pontiac Grand Prix; 1997-2003 Buick Regal; and the 1998-2003 Chevy Lumina, Monte Carlo and Impala. So far there have been no known cases of engine fires. The auto product liability defect involves vehicles with a 3.8-liter V6 engine. According to the National Highway Traffic Safety Administration (NHTSA), drops of oil could fall into the exhaust system and cause a fire in the engine.

Auto product defects are responsible for a number of traffic accidents and collisions. When a vehicle malfunctions because of a mechanical problem or a defective product, it is tough even for an experienced driver to avoid an auto accident. Examples of vehicle product defects are seatbelt defects, airbags that won't deploy, tire tread separation, engine fires, gas tank explosions and seatback failure.

In cases where there have been serious injuries or deaths as a result of auto product defects, the auto manufacturer or the company that made the defective product such as a tire, may be held liable. Victims in such cases could receive compensation for medical expenses, loss of earnings and other related expenses. If you have suffered serious injuries or have lost a loved one as a result of an auto product defect, please call the experienced Pennsylvania product defect attorneys at Cherry, Fieger and Marciano LLP for a free consultation today.