Published 3-9-2010
Article provided by Harris Penn & Lowry, LLP
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Recalls Continue for Automaker

Following the recall of more than 8 million Toyotas for sudden acceleration problems, Toyota announced another world-wide recall in early February of its popular Prius model. The recall came on the heels of the announcement by the National Highway Transportation Safety Administration (NHTSA) that it had received more than 300 complaints about braking problems with the 2010 model of the vehicle.

Consumers have described the problem as a sudden surge or lurching by the car when the brakes are applied, particularly when the car is driven over uneven surfaces, on slippery roads or in other poor conditions.

Even though the time between applying the brakes and the car responding is reported to last only seconds, this still is enough time for drivers to become involved in a serious accident. For example, a vehicle traveling at 30 miles per hour can cover an additional 50 feet if there is a one second lapse in time between applying the brakes and the vehicle actually stopping.

Similar braking issues also have been reported in two other 2010 hybrid models manufactured by Toyota: the Lexus HS250h and the Sai, a hybrid mainly sold in Japan.

In the US, eight accidents involving Prius models have already been attributed to braking problems.

Regenerative Braking System to Blame

The NHTSA ordered Toyota to begin a formal investigation into the Prius braking problem on February 3. The following day, Toyota announced that a glitch with the software program that controls the vehicle's anti-lock braking system was to blame. Toyota admitted that it already had detected the software problem and had corrected it in models that had been produced since late January 2010.

Less than one week later, Toyota officially recalled more than 437,000 2010 Priuses, 103,000 of which were sold in the United States.

The regenerative braking system used in the 2010 Prius model is a different system than what was used in previous models of the hybrid car. Regenerative braking systems increase the fuel efficiency of hybrids by using the vehicle's momentum to recharge the battery. The 2010 Prius model has a complex electronics system that controls the regenerative braking system to ensure maximum energy absorption by the car's battery.

Nearly all hybrid vehicles - not just those produced by Toyota - use regenerative braking systems.

Recalls unlikely to cure defects

In addition to braking issues, the Prius has also been subject to the same reports of defects with sticky gas pedals and sudden acceleration that have continued to plague numerous other vehicles manufactured by Toyota.

Yet another victim of sudden unintended acceleration has appeared in the media spotlight this week giving his horrifying account of literally standing on his brake pedal while his vehicle accelerated out of control in excess of 90mph - this time behind the wheel of a Toyota Prius.

James Sikes, the driver of the runaway Prius, previously received a recall notice for a potential braking issue with his vehicle. Mr. Sikes took his Prius to a Toyota dealership and was told that no repair was necessary. "I gave them my recall notice and they handed it back and said I'm not on the recall list," proclaimed Sikes.

"Unfortunately, we have heard this story from victims too many times," said Steve Lowry of Harris Penn & Lowry, LLP who is representing injury victims from Toyota sudden acceleration and defective gas pedals. "They took their cars to the dealer complaining of problems with braking and acceleration only to have the dealer turn them away telling them their cars were fine. Then weeks or months later they are involved in serious accidents for these same problems they tried to have fixed. These cars are dangerous."

Even more disheartening, on February 24, 2010, Toyota representatives made assurances to congressional leaders that any concerned Toyota owner in the United States could request a recall repair on their vehicle even if that particular model vehicle had not yet made it onto one of Toyota's recall lists.

Akio Toyoda, President and CEO of Toyota Motor Corporation, further testified that Toyota was launching a national campaign allowing any Toyota owner affected by a recall to have their vehicle picked up, repaired and returned to them by their local Toyota dealership ensuring that the consumer would not be required to get behind the wheel of their potentially defective vehicle. In addition, Toyota agreed to reimburse the consumer for all transportation expenses incurred while the repair was in progress.

Based on Sikes' experience, it appears as though Mr. Toyoda's promises have proven empty thus far.

As more information comes to light about Toyota's knowledge of the defects in their vehicles, the mass failure of the company to adequately protect the public from its dangerous products is becoming increasingly evident.

Toyota built its auto empire on the reputation of the safety, quality and reliability of its vehicles. With more than eight million of its cars now subject to recall, the auto manufacturer's reputation may be permanently tarnished.