Setting the Record Straight About Toyota Sudden Unintended Acceleration and NHTSA

Letter to the Editor, Pioneer Press, 3-24-10

I have to disagree with Mr. Kotin on a number of issues. Toyota has not issued a recall for anything related to "computer software." Lawyers and engineers studying these issues on behalf of consumers have argued for many months that Toyotas have defects in their computer systems. Toyota has vigorously denied this. NHTSA, which has been slow to act in this crisis, has not ordered a recall relating to Toyota's computer systems.

Toyota, belatedly, has issued recalls relating first to floor mats and then to accelerator pedals. There have been reports of sudden unintended acceleration with Toyota vehicles that have been through the floor mat and accelerator pedal "fixes." In those situations, I suspect that there are problems that go beyond floor mats or pedals. Neither NHTSA nor Toyota has been forthcoming with a satisfactory explanation.

A reliable source for information on Toyota sudden unintended acceleration is www.safetyresearch.net. Its head, Sean Kane, testified before Congress on the topic of Toyota defects. Its website has a thorough report available: http://www.safetyresearch.net/Library/ToyotaSUA020510FINAL.pdf.

I also disagree with Mr. Kotin's assertion that "The system works like this: The government recommends a recall, and after much negotiation, manufacturers usually comply and offer either refunds or repairs." Most of the time, the government receives many reports of occurrences and does not recommend a recall-- even where a recall is warranted. NHTSA has a long history of missing opportunities to order prompt recalls of unsafe products; it took civil jury verdicts to expose the dangers of the Ford Pinto gas tank design, not NHTSA. Just an example.

The way to protect the public is to have a strong enforcement mechanism against those who design and manufacture unsafe products. That mechanism should be part governmental and part by private lawsuits to redress harms caused by unsafe products. Our governmental agencies have let us down in recent decades and need to step up to the plate.

The idea of fixing something after it is out in the public domain is inherently less reliable than the manufacturer doing its job right before selling the product. Safety begins with designing hazards out of products; if that is not possible, then the manufacturer must guard against the dangers of its design. Simply issuing a recall notice is no substitute for safe product design or good corporate behavior.

Sincerely, Bruce R. Pfaff, Pfaff & Gill, Ltd., Trial Lawyers, Chicago.

Toyota Recalls in the Face of Deaths and Injuries

Today, workers at the National Highway Traffic Safety Administration demanded documents from Toyota Motor Corp. to evaluate whether Toyota issued its recalls "in a timely manner." U.S. law requires automakers to notify the federal agency within five days of identifying a safety defect. The law also requires a prompt recall when a safety defect is identified.

It is good news that NHTSA is taking this step to evaluate Toyota's conduct. Too many people have been injured or killed in Toyota runaway vehicles (also called "sudden unintended acceleration" cases) for the federal government not to step in to enforce the law. If Toyota has violated its reporting or recall responsibilities, it can be fined millions of dollars. Such an action would provide an important safety incentive for all other manufacturers. For many years our federal agencies have been toothless and more interested in protecting corporations rather than consumer rights. Today's action is a sign that the Obama Administration is taking its responsibilities to protect consumers seriously.

The trial lawyers at Pfaff & Gill, Ltd. have been working to protect consumers from auto defects for thirty years and will gladly help any family who has been harmed by unsafe vehicles or other products.