• 05
  • June
    2010

Remember the old Toyota catch phrase? Reports are still coming in that Toyota vehicles are doing the driving and that the drivers are just there for the ride! Yesterday, there were two additional reports that that Toyota's Prius model is accelerating on its own, which is being blamed for one accident yesterday in New York and one dramatic high speed chase in California.

The driver in New York claims that the accelerator of her 2004 Prius stuck and that it forced her into a stone wall before finally coming to a stop. In California, the driver of a 2008 Prius called 911 while his Prius accelerated on its own to speeds of 90 mph! After weaving in and out of traffic for over 20 minutes, this vehicle finally came to a stop with the assistance of law enforcement. The owner was reported as shaken up over the ordeal.

Products Liability

What happens if one of these vehicles races out of control and seriously injures someone? In situations where a product leaves a manufacturer in an unsafe manner and is sold to a consumer, one theory of legal recovery is based in an area of law known as products liability. In these circumstances the manufacturer becomes legally and financially liable for the damage caused by its defective product. Almost certainly, Toyota has an army of lawyers lying in wait to defend these potential lawsuits. These kinds of manufacturing defect cases are usually defend ferociously. But, what if you own one of these vehicles that have been identified as a potential risk of accelerating and it hasn't been repaired? If the owner of one of these vehicles has not undergone the necessary repairs to prevent the vehicle from accelerating on its own, there will also be a strong theory of legal liability against the driver based in common negligence. Most likely you have insurance, but is it enough? Or, will the insurer even provide coverage? There's a chance that an insurer may try to escape from providing a defense or coverage for you if the insurance company can show you knew that you were driving a vehicle that was not safe to be driven on the road.

Toyota Recommendations

This raises an interesting issue for Prius owners because as of yet, Toyota hasn't developed a remedy for the accelerating Prius and a recall has not been enacted. Toyota recommends that drivers remove their floor mats to prevent sudden acceleration, but in the case in California, the driver reported that the floor mat was not affecting the accelerator. In New York, the Police Chief has stated that appears that the floor mat was not a factor in that crash either. Until this is resolved, be very cautious driving your Toyota. And, if you don't own a Toyota, be sure to keep an eye on your rear view mirror! If you would like to know more about how Corless Zinober can help you with Products Liability or Personal Injury issues, please call us at 1-866-969-2889 or request a free case evaluation.