A Tipping Point

[Editor’s Note: The following article is a response to best-selling author Malcom Gladwell’s recent podcast “Blame Game” on the Toyota unintended acceleration crisis. Gladwell’s depiction of the controversial defect issues plaguing Toyotas is wildly inaccurate and refuted in many public record documents.

Out-of-Control Toyotas, Out-of-Luck Owners

Earlier this month, Rich Grandy of Crystal Beach, Florida was easing his 2005 Toyota Tacoma into a parking space in front of his local 7-Eleven, when it took off, hit the front doors of the convenience store and shattered the adjacent picture window. The only thing that kept the Tacoma from advancing further into the convenience store was the low wall that framed the window and Grandy’s foot clamped on the brake. As his vehicle attempted to labor forward, Grandy shut off the ignition, and the event stopped.

Former NHTSA Administrator Strickland Gets Part 9 Spanking

When David Strickland went directly from representing industry’s interests as the Administrator of the National Highway Traffic Safety Administration to representing industry’s interests as a member of the Washington D.C. lobbying firm Venable, LLC, he was part of a proud agency tradition of lending the dignity of their public offices to private commercial interests.

NHTSA Denies Toyota Unintended Acceleration Defect Petition

Eight months after a Bristol, RI Toyota Corolla owner petitioned the National Highway Traffic Safety Administration to investigate low-speed surges into Toyota Corollas, the agency has denied the petition, concluding:

Unfortunate Chapter Continues: Toyota Bounced for $11 Million in UA Case

Toyota’s runaway success in blaming drivers for its defective vehicles, hit an $11 million pothole yesterday, after a Minnesota federal jury found that the automaker was 60 percent responsible for an Unintended Acceleration (UA) crash that killed three and severely injured two.

Attorney Robert C. Hilliard, who represented plaintiffs Koua Fong Lee, the driver, and the family in the vehicle that was struck, says it’s the first jury verdict against Toyota in a UA case involving a mechanical defect. The automaker made no offer to settle the case prior to the January trial.

Time to Close the Silver Book

For a report that’s a quarter of a century-old, testing old technology and resting on questionable assumptions, An Examination of Sudden Acceleration (also known as the Silver Book) has exerted an out-sized influence over the search for root causes in unintended acceleration events. Manufacturers have loved the document, for its emphasis on driver error as the cause of any event that cannot be readily reproduced.

NHTSA Seeks Input on Electronics Rule

The National Highway Traffic Safety Administration has published a Federal Register Notice seeking comments on the possibility of writing regulations to ensure the safety of automotive electronics. The 10-page request for comments, satisfying a directive from the federal legislation known as MAP–21 to “complete an examination of the need for safety standards with regard to electronic systems in passenger motor vehicles,” would have been an excellent addition to Volume 54 of the Federal Register (published in 1989).

What Good Can Come of Reporting Toyota UA?

Last week, two young clean-cut and preternaturally earnest lawyers travelled from the D.C. and New York offices of Cahill Gordon & Reindel LLP to meet with Bob and Kathy Ruginis, the Bristol, RI couple who reported their Unintended Acceleration incident while parking to the Toyota Special Monitor and to NHTSA.  

Toyota: A Series of Unfortunate Chapters

On a sunny June day, Kathy Ruginis, of Bristol, RI, had a low-speed Unintended Acceleration event in a 2010 Corolla, as she attempted to park. The car had already been remedied under the floor mat entrapment and sticky accelerator recalls, and presumably was as safe as a babe in its mother’s arms. Ruginis was making a slow, right hand turn to ease into the parking space; her foot was on the brake, when the vehicle surged forward and crashed into an unoccupied parked Jeep in front of it. Fortunately, only the Toyota and the Jeep were injured.

Kathy’s husband Bob, an electrical engineer with 35 years’ experience in embedded software and hardware design, wanted an explanation. And Toyota had one. After a June 24 physical inspection, a test drive and a download of the Corolla’s Event Data Recorder (which Toyota requested be performed), Toyota sent Bob and Kathy a letter, which basically said: we jiggled your pedal, we wiggled your floor mat, and we drove your vehicle for an exhaustive 16 miles. There’s nothing wrong with your car. So sorry. Goodbye.

Toyota’s Billion Dollar Web

Back in 2010, after Toyota announced that a federal grand jury in New York had subpoenaed the company on June 29 for documents regarding relay rod failures in Toyota truck models, we asked if the automaker would be the first to be prosecuted under the Transportation Recall Enhanced Accountability and Documentation Act (TREAD).

Well, right question, wrong defect.

Under the settlement with the Department of Justice announced today, Toyota is banged for $1.2 billion, and prosecution for committing one count of wire fraud is deferred for three years, for the lies it told about the floor mat entrapment and sticky pedal recalls. According to Toyota’s Statement of Facts, the automaker sought to limit its floor mat recalls, even though the entrapment hazard affected other models, and resisted the sticky pedal recall, even though Toyota had addressed the problem in Europe.

“This sends a mixed message,” says Sean Kane, president of Safety Research & Strategies. “On the one hand, a $1.2 billion fine is a very significant hit. But the government’s focus is only on the narrow areas of the floor mats and sticky pedals. The bulk of Toyota vehicles experiencing Unintended Acceleration problems were never recalled.  That billion dollars doesn’t do a thing for Toyota owners stuck with defective vehicles.”

The skeleton of this particular set of lies have been in the public domain for several years. In April 2010, when former Secretary of Transportation Ray LaHood announced that the agency had imposed a $16.4 million fine on Toyota for failing to recall 2.3 million vehicles with defective accelerator pedals – then the largest civil penalty NHTSA had levied against an automaker – the Secretary failed to make public the documents laying out his rationale. In May 2011, NHTSA quietly posted the sternly worded demand letter that explained why Toyota got slapped.

To remind our readers, Toyota recalled the CTS supplied pedal in Europe in September 2009, but waited until January 2010 to recall the pedals in the U.S. However, on October 7, 2009, “a staff member of the Toyota Motor Corporation Product Planning and Management Division sent a copy of an Engineering Design Instruction describing the pedal remedy that was already implemented in Europe to someone at Toyota Motor Engineering and Manufacturing North America, Inc. for the accelerator pedal of a RAV 4 manufactured in Canada. Two weeks later “a member of the TMC PPM inexplicably instructed a member of the TEMA PPM not to implement this Engineering Change Instruction. Furthermore, in November 2009, Toyota provided NHTSA with FTRs regarding sticking accelerator pedals on vehicles in the United States but not with information regarding Toyota’s extensive testing and determinations regarding the cause of the sticking accelerator pedals or an explanation of the significance of the FTRs, the demand letter said.

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