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Archive for the ‘Wrongful Death’ Category

FORD MOTOR PARK TO REVERSE ISSUES STILL PLAGUE CERTAIN MODELS: THE FORD RANGER

August 11th, 2010 jbenson No comments

Last week Honda Motor Company recalled thousands of Honda Accords and Civics due to faulty gear shifter in the early 2000 models.  The investigation revealed the Honda’s key can be removed when the car is other non-Parked positions.  This will create a reverse situation if the car is left in Neutral or in the reverse position.  Just after this Honda recall, in a similar park to reverse case in Kingman, Arizona, A 6-week-old girl died after being run over in a driveway in Lake Havasu City on August 10, 2010. The Police Department Sgt. Joe Harrold said officers responded at 11:26 p.m. Monday to a home on Newport Drive and that a 24-year-old Lake Havasu City woman had parked her 2004 Ford pickup on an inclined driveway and that the vehicle rolled backward as she was unloading items from the passenger side.

Obviously, this case is under investigation as the cause of the the reversal, but truly this vehicle model has been plagued by issues surrounding the vehicle’s brake shift interlock device which allows for movement of the gear shifter when the vehicle is in the ON or MIDDLE key position without depressing on the brake pedal.  It is unclear to this author whether the 2004 is even available in a stick shift, or the circumstances of why the vehicle even was allowed to move given the location of the driver–in the passenger seat.   This is the exact auto injury case that Benson & Bingham will investigate for you should you suffer this unusual, but not unheard of, event.   Call Benson & Bingham today if you have experienced this type of automotive tragedy: 702-382-9797

Distractions While Driving: What should be allowed?

June 6th, 2010 jbenson No comments

Using a cell phone, Eating and drinking, Talking to passengers, Grooming, Reading, including maps, Using a PDA or navigation system, Watching a video, Changing the radio station, CD, or Mp3 player are all major causes of accidents because they are examples of distracted driving.   Wouldn’t be a shame if your airline pilot decided to text while landing the airplane and missed the runway?

Well, the fixed attention required to operate machinery is and should be a mandatory choice for the driver, but we are all human and we can actually think and do two things at once.  Society appears to be at ease with a certain level of distractions while driving:  the radio, billboards, etc, all take your eyes off the road, but we tend to allow certain distractions for the sake of functioning.   Imagine no billboards on the freeways?  Not likely to ever happen, but certainly, at least one auto accident has occurred because someone looked too long at the billboard and didn’t realize traffic had stopped in front.  Should we sue the billboard company for creating the distraction, or the county for allowing the billboard?  Likely not given our tolerance for certain levels of distractions.  If you have been the victim of distractive driving call Benson & Bingham today 702-382-9797.

Below are some statistics from the U.S. department of Transportation:

In 2008, there were a total of 34,017 fatal crashes in which 37,261 individuals were killed.

In 2008, 5,870 people were killed in crashes involving driver distraction (16% of total fatalities).

The proportion of drivers reportedly distracted at the time of the fatal crashes has increased from 8 percent in 2004 to 11 percent in 2008.

The under-20 age group had the highest proportion of distracted drivers involved in fatal crashes (16%). The age group with the next greatest proportion of distracted drivers was the 20- to-29-year-old age group (12%).

Motorcyclists and drivers of light trucks had the greatest percentage of total drivers reported as distracted at the time of the fatal crashes (12%).

An estimated 21 percent of 1,630,000 injury crashes were reported to have involved distracted driving.

Driving while using a cell phone reduces the amount of brain activity associated with driving by 37 percent. (Source: Carnegie Mellon)

Nearly 6,000 people died in 2008 in crashes involving a distracted driver, and more than half a million were injured. (NHTSA)

The younger, inexperienced drivers under 20 years old have the highest proportion of distraction-related fatal crashes.

Drivers who use hand-held devices are four times as likely to get into crashes serious enough to injure themselves. (Source: Insurance Institute for Highway Safety)

Using a cell phone use while driving, whether it’s hand-held or hands-free, delays a driver’s reactions as much as having a blood alcohol concentration at the legal limit of .08 percent. (Source: University of Utah)

Brake Shift Interlock Attorneys

May 27th, 2010 jbenson No comments

The brake shift interlock device installed in SOME vehicles prevents the vehicle from moving from the P park position in the transmission to Reverse, Neutral, or Drive position.   These systems have been around for numerous years, yet many car manufacturers have yet to install such devices.   These safety devices are an excellent precaution against children who might shift gears imitating an adult.  If they are not tall enough to touch the brake, the system will not allow the shifter to engage another position.  A brake shift interlock expert can determine whether the vehicle had such a device and whether it failed.   Many Ford and Chrysler vehicles have had issues with the BSI as the shifting created an issue with the solenoid pin, in that, it would not engage.    The NHTSA, National Highway Transportation Safety Administration will information on most recalls and consumer complaints. www.nhtsa.gov  Most vehicles will have the Brake shift interlock device in 2011 given a voluntary agreement amongst vehicle manufacturers.  Most Ford Rangers do not have a properly working Brake shift interlock device even though they claim to be install as of 1995.  If you need a brake shift interlock attorney, please call Benson & Bingham today to help you with your issue at 702-382-9797.

Do You Have a Defective Products Liability Case?

May 18th, 2010 bbingham No comments

Over the past decade Benson & Bingham has been helping personal injury victims with on-the-job and at-home injuries caused by defective products. However, most personal injury victims are unsure if they have a case against a product manufacturer. In focusing on a product we look at several aspects to determine wether or not that product is defective. First, did the defect exist at the time the product was designed. In other words, does this product have a design defect. Even if the product came off the manufacturing line as it was designed, it is still defective in its original design. Secondly, has a safely designed product become dangerous because the manufacturer did not follow plans or specifications while making the actual product. Third, we look to see if the product has inadequate directions or warnings notifying the user of the potential dangers associated with the product. Any product can be defective ranging from infant or baby car seats, baby toys, lawnmowers, car tires, automobiles, and even industrial machinery. Often Benson & Bingham will retain engineering experts to determine wether or not you have a products liability case. In some circumstances the manufacturer will be held to a “strict product liability” standard rather than a “negligence” standard. Many victims of a defective product case suffer serious injury or death, including loss of a limb, loss of sight, paralysis, burns, or brain damage. If you believe you have a defective product liability case contact Benson & Bingham at (702)-382-9797 and speak to one of our attorneys to see if you have a “strict products liability case.

Broadside Accidents; T-Bone Accidents; and Side Impact Accidents

April 2nd, 2010 bbingham No comments

Broadside accident, T-Bone accident, and Side impact collision all refer to the scenario upon which the front of one vehicle impacts or collides with the driver side or passenger side of another vehicle.  Occupants experiencing a T-Bone collision are at higher risks of injury as the force impacting the broadsided vehicle are close in proximity to where the occupants are positioned.  As a result, occupants are subjected to tremendous force.  While many newer vehicles do employ side and side curtain airbags, older vehicles are not equipped with such technology.  Most T-Bone accidents occur at intersections and parking lots from the failure of drivers to obey traffic signals or yield to the right of way.  Occupants typically strike the inside frame of their vehicle and often strike other passengers traveling within the same vehicle.

Side impact accidents occurring at high rates of speed may cause a vehicle to overturn.  In roll-over accidents,  occupants who are seat-belted or restrained properly are subjected to a heightened risk of ejection.  Common injuries from Side impact collisions are: fatalities, wrongful death, pelvis fractures, hip dislocation, shoulder injuries, brain trauma, rib fractures, arm fractures, bleeding of the brain, leg fractures, spinal cord injuries, amputation, head trauma, lacerations from glass, close head injuries, broken ankles, fractured feet, and burns from the deployment of side airbags.

If you are a victim suffering injuries from the negligence of another driver in a T-Bone or side impact accident call Benson & Bingham at (702)-382-9797. We have helped thousands of injured T-Bone victims, ensuring each client receives proper medical attention and just compensation.

Head-on Collisions in Nevada

April 1st, 2010 bbingham No comments

A head-on collision occurs when two vehicles traveling towards each other in opposite directions collide; typically, when the front of two vehicles collide.  However, when a vehicle strikes that of a second vehicle in the frontal area of the second vehicle, and continues its impact along the side of that vehicle, this may also be considered a head-on collision.  Head on collisions are responsible for more traffic fatalities than any other type of motor vehicle accident.  Head on collisions are often the most violent motor vehicle accidents (MVA’s) occurring on our roadways in Nevada. Two vehicles approaching each other in excess of 45MPH creates such significant forces that the impact often leaves occupants with life changing catastrophic injuries if not death.

Many head on collisions occur on interstate and rural roads, especially  Interstates 15 and 215 in Southern Nevada, and State Route 80 in Northern Nevada.  However, head on collisions may also occur on surface streets from an unsafe lane change, falling asleep at the wheel, traveling the wrong way on interstate entry/exit ramps, blind bends in the road, disobeying traffic signals, and failure to maintain ones travel lane.

Ben Bingham of Benson & Bingham has the experience needed to litigate injuries commonly associated with head on collisions, including: wrongful death, fatalities, brain injuries and brain trauma, frontal lobe damage, bleeding in the brain, close head injuries, memory loss, pelvis fractures, hip fractures, spinal fractures, spinal cord injury, paralysis, loss of limbs, amputation, disabilities and emotional trauma. If you or a family member has been involved in a head on collision contact Benson & Bingham at (702)-382-9797.  Let an experienced team fight for you.


Elevator / Escalator Malfunction Possibly Caused Man’s Death at the Plaza Hotel Casino in Las Vegas

April 1st, 2010 bbingham No comments

Personal injury firm, Benson & Bingham has been contacted by the family of a man found in a pool of blood inside an elevator on the casino floor at the Plaza Hotel. While investigations of said matter are in their infant stages, there have been comments suggesting that the elevator may have experienced a power outage. The deceased is seen on video footage entering the elevator on the nineteenth floor. The next segment of footage displays the door opening at the casino floor with the same gentleman lying on the elevator floor suffering a broken neck, broken nose, and missing teeth. Upon being retained, Benson & Bingham shall immediately file a lawsuit and begin discovery in this wrongful death action. Of most concern is the video footage inside the elevator which has not been released.

The family contacted Benson & Bingham after having previously retained counsel who essentially did not preform any work over the past year (i.e. obtain video footage).  In elevator/escalator negligence or elevator/escalator malfunction cases, it is of utmost importance to obtain and preserve all of the evidence immediately to preserve the elevator or escalators condition, as well as being able to retain engineers to inspect the elevator or escalator to determine the malfunction. Further, many witnesses to an event in a casino are likely from out of town. Their statements may play a crucial role in determining what precipitated the events surrounding the event. While most elevator/escalator cases result in broken bones, spinal injuries, hip and/or leg fractures, this family suffered a loss of a husband and father.  As discovery unfolds in this matter and maintenance records are obtained with video footage, the truth will surface.

Nevada’s Lack of Dram Shop Laws Protect the Bar Establishment and Casino Resorts from ALL Liability

March 31st, 2010 jbenson No comments

Nevada has long been a State that protects it’s own interests.  That protection is evident in the case law and statutes that protect innkeepers and Nevada Casinos from liability in over serving or from kicking out intoxicated patrons who later cause harm to themselves or others.  The rules for such acts are harsh as they run contrary to common law for innkeepers.  The duty of reasonable care apparently ceases for bartenders who are legally supposed to stop serving drunk patrons, but may do so anyway for that extra tip or simply because of the revenue that may drop in to the bar gaming machines.   Below is the most recent Nevada Law reinforcing the protection for innkeepers, and can be found at the official cite,  Rodriguez v. Primadonna Co. LLC, 125 Nev. Adv. Op. No. 45 (2009).

The case law also includes reference to NRS 651.020  Eviction of disorderly persons.  ”Every owner or keeper of any hotel, inn, motel, motor court, or boardinghouse or lodging house in this State shall have the right to evict from such premises anyone who acts in a disorderly manner, or who destroys the property of any such owner or keeper, or who causes a public disturbance in or upon such premises.”  Obviously, what is “disorderly” is broadly construed and would likely apply to any intoxicated patron.

[2:256:1953] Rodriguez v. Primadonna Co. LLC, 125 Nev. Adv. Op. No. 45 (October 1, 2009)1 TORT LAW – DRAM-SHOP LIABILITY, ATTORNEY FEES, INDEMNIFICATION

Summary

Appeal and cross-appeal from an Eighth Judicial District Court’s grant of summary judgment in a tort action.

Disposition/Outcome

On appeal, the Nevada Supreme Court affirmed the district court’s rulings. The Court based its ruling on Nevada’s rejection of dram-shop liability and extended the protections to intoxicated minors injured after a reasonable eviction. The Court also denied respondent’s motion for attorney fees and costs, which was based upon an assertion that appellant’s claim was frivolous because it was barred based on relevant legal authority. The Court further affirmed the dismissal of the cross-claim for indemnity, finding that no right to implied indemnity exists for defense fees and costs when the underlying claim is dismissed but the fault of the third party is not determined.

Factual and Procedural History

Martin Rodriguez, grandfather and guardian ad litem of Fabian Santiago brought suit against Defendant, Primadonna Company, LLC, for spinal cord injuries sustained by Fabian in an automobile accident after he was evicted from Primadonna’s property for disorderly behavior. Fabian, who was 17 at the time of the incident, and his two adult step-uncles, were drinking and engaging in disorderly conduct at the defendant’s hotel property, including multiple physical altercations with hotel guests. At the hotel security officers’ request, the three agreed to leave the hotel property.

Prior to leaving, hotel security guards escorted the three to their hotel room to retrieve their belongings. While in the room, the three men spoke to Fabian’s mother and informed her that they had been asked to leave the hotel and intended to sleep in the car. However, once in the car, the hotel security guard’s informed the three that they needed to leave the parking lot.

After exiting the hotel parking lot, Fabian’s uncle, who did not have a valid driver’s license, mistook a frontage road for the freeway and rolled his vehicle, which was traveling at approximately 80 mph. Fabian sustained severe spinal cord injuries.

Fabian’s guardian brought suit alleging that Primadonna acted negligently when it evicted Fabian and his step-uncles from its property, thereby allowing or directing Fabian, a minor, to be a passenger in a motor vehicle driven by an intoxicated driver. Primadonna filed a third-party complaint against Fabian’s mother for indemnity, seeking indemnification and contribution for fees and costs incurred to defend the action. After the close of discovery, Primadonna filed two summary judgment motions, arguing that it had a duty and right to evict disruptive patrons and it did not owe a duty to keep Fabian, a minor, on its premises and, therefore, was not liable for his injuries. The district court granted the motions and dismissed the counterclaim for indemnity. Primadonna, as the prevailing party, then filed a motion for

1 By Keith Pickardattorney’s fees and costs against Fabian’s guardian, arguing that the underlying action was frivolous. The district court denied the motion, finding that the action was based on a negligent eviction rather than the dram-shop liability bar.

Primadonna subsequently filed a second motion for summary judgment on its third-party claim for indemnity against Fabian’s mother. Primadonna argued that Fabian’s mother had an affirmative duty to protect her child from harm and that she breached that duty when she knowingly allowed him to leave the hotel with a drunk, non-licensed driver. The district court, again, dismissed the motion. The dismissal was based on the ruling that any indemnity claim against Fabian’s mother was moot in light of the summary judgment entered in favor of Primadonna.

Discussion

A. Standard of Review

The Nevada Supreme Court reviews orders granted summary judgment de novo.2 The Court is reluctant to affirm summary judgment in negligence cases because negligence is generally a question of fact for the jury;3 however, if the defendant is able to show that one of the elements of plaintiff’s prima facie case is “’clearly lacking as a matter of law,’” the Court will affirm the summary judgment.4

B. HotelProprietorshaveastatutoryrighttoevictdisorderlypatrons

The Court reaffirmed that Nevada hotel proprietors have a statutory right, based on N.R.S. 651.020, to evict disorderly patrons, including minors, from its premises.5 Accordingly, the Court concluded that when a hotel proprietor rightly evicts a disorderly, intoxicated patron, the hotel proprietor is not liable for any torts that an evicted patron commits after he or she is evicted, subscribing to the rationale that individuals, drunk or sober, are responsible for their torts.6 In reaffirming Nevada’s rejection of dram-shop liability, the Court further held that, while a proprietor has a duty to act reasonably under the circumstances,7 the proprietor is not required to consider a patron’s level of intoxication in order to prevent speculative injuries that could occur off the proprietor’s premises.8 Therefore, the Court concluded as a matter of law that, while Primadonna may have known that Fabian and his step-uncles were intoxicated and could

2 Wood v. Safeway, Inc., 121 Nev. 724, 729, 121 P.3d 1026, 1029 (2005). 3 Butler v. Bayer, 123 Nev. 450, 461, 168 P.3d 1055, 1063 (2007). 4 Id. (quoting Scialabba v. Brandise Constr. Co, 112 Nev. 965, 968, 921 P.2d 928, 930 (1996)). 5 The Court cited NEV. REV. STAT. § 651.005 (2007) in noting that “premises” includes parking lots. The court also cited Hinegardner v. Marcor Resorts, 108 Nev. 1091, 1096, 844 P.2d 800, 803 (1992) indicating that the rule applies to intoxicated minors. 6 See Hinegardner, 108 Nev. at 1093, 844 P.2d at 802. 7 Billingsley v. Stockmen’s Hotel, 111 Nev. 1033, 1037, 901 P.2d 141, 144 (1995). 8 See Mills v. Continental Parking Corp., 86 Nev. 724, 725-26, 475 P.2d 673, 674 (1970).

not safely drive, Primadonna did not have a duty to arrange safer transportation, prevent an 9 intoxicated driver from driving, or prevent Fabian, a passenger, from riding with a drunk driver.

C. Attorney’sfeesarenotappropriate

The Court affirmed the district court’s denial of attorney’s fees to Primadonna. Primadonna argued that as the prevailing party, it was entitled to recover attorney fees because the claim for injuries was frivolous and only one potential tortfeasor was sued. The Court found no authority supporting Primadonna’s proposition that the Plaintiff’s decision to sue one alleged tortfeasor and not others renders the claim frivolous. The district court may award attorney fees to a prevailing party when it concludes that the claims pursued against the prevailing party are not based upon reasonable grounds.10 In rejecting Primadonna’s argument, the Court recognized that the Plaintiff’s claim was based on reasonable grounds in that it presented a novel issue in Nevada, specifically, the potential expansion of common law liability to hotel proprietors for injuries sustained by an intoxicated minor guest after he is evicted from the premises. Therefore, the Court concluded that the district court did not abuse its discretion when it denied Primadonna’s motion for attorney fees.

D. Indemnification for attorney’s fees and costs not appropriate

The Court rejected Primadonna’s claim for indemnification for attorney fees and costs. The Court recognized that the question of whether a party for whom summary judgment has been entered may be entitled to indemnification for attorney fees and costs for defending the action is an issue of first impression in Nevada. While the Court has considered the issue of indemnification after a trial on the merits, it has not considered the issue when summary judgment has been granted. In the prior opinions after trial, the Court determined that at least some of the attorney fees and court costs incurred in defending the action may be recovered, however such recovery was limited to amounts attributed to defenses not “primarily directed toward rebutting charges of active negligence.”11 Following persuasive authority from West Virginia regarding implied indemnity, the Court adopted the rule that when a district court has disposed of the underlying liability claim, but has not established that the potential indemnitor was at fault, no right to equitable indemnity exists.12 Therefore, the Court determined that the motion for summary judgment was properly denied in the present case because implied indemnification may not be asserted without determined liability of the third party to the injured party and the showing of a nexus or special relationship between the indemnitee and proposed indemnitor.

9 In setting forth its holding, the Court cited cases from several other jurisdictions that have reached a similar conclusion, including DeBolt v. Kragen Auto Supply, Inc., 227 Cal. Rptr. 258 (Cal. Ct. App. 1986); McCall v. Villa Pizza, Inc., 636 A.2d 912 (Del. 1994). 10 NEV. REV. STAT. § 18.010(2)(b) (2007). 11 Piedmont Equip. Co. v. Eberhand Mfg., 99 Nev. 523, 529, 665 P.2d 256, 260 (1983). 12 Harvest Capital v. WV Dept. of Energy, 560 S.E.2d 509, 514 (W. Va. 2002).

Conclusion

In accordance with N.R.S. 651.020, proprietors have a statutory right, to evict disorderly patrons, including minors, from their premises. A hotel proprietor who rightly evicts a disorderly, intoxicated patron, is not liable for any torts that an evicted patron commits after he or she is evicted. In accordance with this holding, the Court affirmed the district court’s summary judgment in favor of Primadonna on Rodriguez’s negligence claim. Further, the Court concluded that Rodriquez’s claim was not frivolous because it introduce an issue of first impression. Accordingly, the Court affirmed the district court’s decision denying Primadonna’s motion to recover atporney fees and costs.   Finally, the Court concluded that, while Primadonna’s motion for summary judgment for indemnification against Fabian’s mother was not moot, the claim could not be sustained because there was no determination of liability of a third party to the injured patron and no showing of a nexus or special relationship.

If you have been injured in a hotel or casino, contact the Nevada Law Offices of Benson & Bingham to determine if you have an accident or injury case.

What Happens When a Client Dies? What Happens if the Client Becomes Incapacitated?

March 29th, 2010 jbenson No comments

As with everything in life, we are born and we pass on.  In the context of a Nevada lawsuit, if either the plaintiff or a defendant dies during the process of litigation—not a wrongful death issue (although a death can emanate from a car accident or original accident) a party and their respective personal injury lawyers must file a notice of death to the other party.  This is formally called a “suggestion of death.”   Nevada Rule of Civil Procedure [N.R.C.P.] rule 25 governs this issue.  This notice is usually filed with a copy of the death certificate. A party has 90 days from the date of the death to file the suggestion of death.  This is important because a failure to do the notice can and will result in a dismissal of the action.  Often a client will pass away from natural causes or an injury relating to the subject accident.  A wrongful death action may now be filed in the event of an accident that relates back to the original car accident.  The heirs will be the parties bringing the new action as well as an administrator of the estate.  These are complicated testamentary issues.  The successor then may be placed in the shoes of the decedent and the case will move forward as if the party was still alive.

It is also important to file within 90 days a motion to appoint a successor.  Failure to do this within 90 days will result in the lawsuit being dismissed with horrible ramifications.  Thus, someone must be appointed to carry on the lawsuit on behalf of the deceased party.   It does not matter who files the motion, but the party who stands to lose MUST file.  For example, in a single car accident case where a person gets a neck injury and files a lawsuit against the at-fault party, that victim would seek damages for the medical treatment, pain and suffering, and wage loss– if applicable.  If the defendant dies during the litigation, and a suggestion of death is filed, the person who stands to lose here is the Plaintiff.  If a defendant does nothing and 90 days passes after the notice of death is filed, the case is dismissed with tragic and unfair consequences to the Plaintiff.  Thus, a wise Las Vegas personal injury attorney will file and seek appointment of “any” suitable person to fulfill the rule.  If a person becomes incapacitated, they must file a similar “suggestion of incapacitation.”  This notifies the other party that a doctor or judge has ruled a party incompetent to continue to proceed.  Again a successor must be appointed to carry on the litigation or the lawsuit will be dismissed.

It is extremely important to find have an attorney who understands the ramifications of life events and can file the necessary legal documents when those occasions arise.  The law firm of Benson & Bingham understands the issues of death surrounding a personal injury lawsuit, and can help other attorneys that may need assistance.

Toyota Attorneys and the Toyota Recall in Nevada

February 24th, 2010 info No comments

Toyota Auto

Recall for Toyota one of Auto Industry's Largest Recalls Ever

Have you been affected by the Toyota Motor Recall?  Toyota’s apologies come a little late given the enormous consequences that will forever plague this troubled company.   Everyday more information is leaked about the issues of Toyota recalls and Toyota accidents, and the real problem inside the computer systems causing rapid, unexpected acceleration is still a mystery.  Often the brakes do not help overcome the forward movement.  From floor mats, to steel pedal friction issues, to accelerator module problems Toyota has a myriad of unreasonably dangerous issues.  Benson & Bingham is spearheading its own litigation for the victims of this horrible tragedy.  If you need a Toyota Attorney to fight for your rights call Benson & Bingham.

Vehicles

2005-2010 Toyota Avalon

2007-2010 Toyota Camry

2009-2010 Toyota Corolla

2008-2010 Toyota Highlander

2009-2010 Toyota Matrix

2004-2009 Toyota Prius

2005-2010 Toyota Tacoma

2007-2010 Toyota Tundra

2009-2010 Toyota VENZA

Alleged Accelerator Problems

2009-2010 Toyota RAV4

2009-2010 Toyota Corolla

2009-2010 Toyota Matrix

2005-2010 Toyota Avalon

2007-2010 Toyota Camry

2010 Toyota Highlander

2007-2010 Toyota Tundra

2008-2010 Toyota Sequoia

What to Do if your Toyota or Lexus Rapidly accelerates?

Toyota Vehicles can rapidly accelerate without depressing the gas pedal.  If your vehicle does rapidly accelerate, attempt to use the brake to overcome the forward movement, and quickly shift the vehicle into neutral.  It appears this is the only way to stop the car.  Most cars will stop with brake use, however, these cars will not as they are electronically controlled.  Don’t worry about the engine revving as the engines are electronically controlled to not over revolutionize.  Do not turn of the car or pull the keys out or you might lose the steering wheel function.  Once the vehicle drifts to a safe stop, you may take the keys out.  Remember to stay calm as smart drivers will remain calm is a stressful moment—it just may save your life!

What did Toyota Know and When Did they know?

Toyota Motors is now under the gun for what they didn’t do.   The television is blasting with new ads creating this “we are on our problem and its fixed” theme in the wake of a serious image problem created by horrific car accidents with Toyota vehicles suddenly accelerating for no apparent reason.   As if a phantom is controlling the vehicle, the cars act by themselves, and what’s worse is that the driver has no control in stopping.  This issue is by no means new to Toyota and their upper management.  Toyota USA is now defending their response to the fatal crashes indicating their recalls and fixes were appropriate.  The problem appears to have been much greater than Toyota is acknowledging.  The internal reports of accidents from dealerships and the NTSB have likely showed a trend of accidents going back many years, and they have kept this a giant secret.  To avoid the catastrophe that has emerged anyway, Toyota tried to save money by not publicly addressing the lethal problems plaguing the now recalled models.  Investigations will reveal the internal notes, tests, and history of accidents that they sat on without notifying the public of the true danger.  This nightmare is just beginning for Toyota, as it appears it did not do the right thing.  Instead, they did the wrong thing by internalizing and ignoring the public safety issue.  Corporate Criminal Charges are likely as this reckless behavior has serious legal consequences.  If you or a loved one has been affected by an out of control Toyota call the Toyota victims rights attorneys at Benson & Bingham.

Toyota Motor Testifies before Congress regarding the serious malfunctions of its products and the major recall.

Of importance is the brake pedal assembly, the computer system controlling acceleration, and the response of the company in the wake of the mounting evidence of problems including Toyota Crashes, Fatal Toyota accidents, and Toyota recall.   As of February 23, 2010, The President of Toyota will be testifying before members of Congress to address the serious issues of their products.

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