Toyota in Crisis: Death Tolls and Complaints Escalate

Toyota is an automaker in crisis. Recently, the company recalled more than 5.4 million of its vehicles due to sudden acceleration problems caused by sticking gas pedals. News reports surrounding this issue indicate that since 2004, federal regulators have received complaints of 34 deaths tied to sudden acceleration in Toyota models, with 13 of those deaths reported since mid-January of this year alone. This is up from 21 reported deaths prior to the January 2010 recall.

In a recent news article from Detroit, the National Highway Traffic Safety Administration (NHTSA) has confirmed that five of these deaths were due to sudden acceleration and that all five were tied to floor mats that actually trapped the vehicles' gas pedals to the floor. Time will tell what federal investigations reveal about the remaining deaths.

As expert auto defect attorneys, we're fully aware of the problems that exist with virtually every major automaker's products today, including defective seatbelts and restraint systems, rollover propensity due to narrow track widths and high centers of gravity, defective tires prone to blowouts and tread separations, weak windshield headers and roof rails that lack strength to withstand a vehicle's weight during a rollover, and in Toyota's case, sudden acceleration issues that lead to traffic accidents, severe personal injuries and death.

While these auto defects produce tragic results, what's most tragic is the primary reason they exist in the first place. A majority of auto defects can be linked directly to an automaker's unwillingness to invest the money and resources required to build cars properly from the beginning, or to fix defective products and parts after the fact, even when enhanced technologies are readily available at very little additional cost. We've seen this time and again, not only in the thousands of personal injury cases we've handled, but also in our exhaustive research to develop Still Unsafe at Any Speed: Auto Defects That Cause Wrongful Deaths and Catastrophic Injuries, a must-read for people evaluating an auto products liability case and an invaluable resource offering readers in-depth specifics about common vehicle defects.

Even though Toyota is in the midst of a massive recall to remove its defective products from American roadways, there's no legitimate reason why its defective products should have been on American roadways in the first place. This fact further supports our longstanding and ardent opinion that automakers have a very long way to go when it comes to adequately protecting the lives of today's consumers who buy and drive their products.

BISNAR | CHASE is very well aware of Toyota's problems. In fact, we recently filed a products liability lawsuit against Toyota due to a June 2009 side impact t-bone car crash that left our client, Eleanor Gnup, catastrophically injured. As a result of the crash, the driver's side of the 1999 Toyota Camry Eleanor was driving was severely crushed, failing to protect her during the collision. We allege that Toyota was fully aware its Camry performed poorly during side impact crash tests, that its restraint system also performed poorly and that it knew the potential for injury to occupants in side impact crashes due to the lack of side airbags yet it did nothing to warn consumers, including Eleanor, of these risks. What's more, our firm is currently in the process of evaluating and pursuing two Toyota sudden acceleration cases. Finally, we've gone head-to-head with Toyota, and have won significant settlements against the automaker, in previous products liability lawsuits -- two of which were tried and settled as recently as August 2009.

If you think you or a loved one has a potential products liability case against Toyota, we want to hear from you. Contact our office at 1-800-561-4887 for a free, completely confidential, no-obligation personal injury case review.

Going Toe-to-Toe with Automakers: Is your Case a True Auto Defects Case?

Unlike the story of David and Goliath, winning an auto defects case against a behemoth automaker requires more than just precision aim with a slingshot and some stones. It consists of an in-depth evaluation of your case to determine whether or not an auto defect -- or a series of defects -- actually caused the accident and the ensuing injuries.

In this section, we highlight scenarios that represent just a small sampling of the kinds of automobile defects that lead to multiplied numbers of deaths and catastrophic injuries every year. What's more, we outline a sampling of vehicle defects that have prompted past and current recalls, such as Toyota's current recall of more than 5.4 million vehicles.

Believe it or not, it's quite common for someone to be the victim of a defect case and not even know it. For example:

• An accident in which an SUV rolls over may involve more than simple driver error. It may very well be a rollover case. It may also be an electronic stability control (ESC) case.
• When someone who was seat-belted gets ejected from his/her vehicle, the case may involve a defective restraint system. Ejection doesn't necessarily mean the person was not wearing their seat belt.
• If a vehicle flips over and a portion of the roof is flattened down, this may be a roof-crush case.
• If someone's car becomes engulfed in flames or explodes, the case may involve a defective gas tank.
• If a car seat falls backward in an accident, this may be a defective seatback failure case.
• If a tire fails, this may be a defective tire tread separation case.
• If someone is partially ejected from a vehicle even while wearing their seat belt, this may be a lack of a side curtain air bag case.
• If someone is ejected through the door of a vehicle during an accident, it may be a defective door latch case.

Again, this is just a small sampling of the kinds of automobile defects that lead to deaths and catastrophic injuries each year. Unless an auto defects case is correctly identified as such by an attorney who is skilled in these matters, justice will not be served and the victim will not obtain the recovery he or she deserves.

An inexperienced lawyer may conclude that all a claimant is entitled to is the amount of the other driver's automobile insurance, typically between $50,000 and $100,000. However, an attorney with experience in auto defects claims will have the knowledge and the resources to investigate the case and litigate it properly -- which could result in a far more substantial recovery.

Just a few vehicle defects that have prompted past and current recalls, such as Toyota's January 2010 recall, include:

• Tire treads that separate or blow out on the road
• Airbags that fail to deploy in an accident, or that activate suddenly and without warning
• Faulty braking systems
• Rupture-prone gas tanks
• Accelerators that "stick"
• Steering wheels that don't function properly
• Emergency brakes that fail

Again, this list contains a small sampling of defective parts that have been singled out in recalls. Bear in mind that many defects have yet to be addressed by a majority of automakers...and they won't be addressed until the National Highway Traffic Safety Administration (NHTSA) or litigation forces them to.

BISNAR | CHASE -- As Seen in Newsweek

In its December 28, 2009/January 4, 2010 issue, Newsweek featured BISNAR | CHASE in its "The Best of Los Angeles Law" section. The issue was designed to build awareness of law firms in the Los Angeles area that specialize in particular areas of litigation, such as personal injuries or death due to an accident, defective product or negligence.

We were personally approached by Newsweek to participate in this issue based on our reputation as a leading personal injury law firm, and we were asked a series of questions to help readers understand who we are, what we do and some of the innovative things our law firm is doing to help personal injury victims.

An excerpt of the Newsweek article follows:

What has been your firm's most significant case and what was the result?

Christopher Chan vs. The City of Hanford is one of our most significant cases that we are at liberty to discuss. On his way home from school one day, Christopher was struck by a car. He suffered very serious injuries, including a life shattering brain injury. The intersection where the accident occurred was a main crossing point for children going to and from school. It had no light, stop sign, crossing guard or crosswalk. The city was aware the intersection was dangerous and had agreed with a parents' group to make it safer, yet it did nothing. After Christopher's injury, the city refused to take financial responsibility for his injuries. We sued the city and recovered enough to cover Christopher's lifetime 24/7/365 care, his lifetime lost income, his pain and suffering and all his litigation expenses and attorneys' fees. Christopher's father called us "the guardian angels I prayed for."

What would you consider to be your firm's individual greatest legal achievement?

Our greatest legal achievement is a case we won in the California Supreme Court which clarified California law. As a result, it is now easier and more economical for injured people to present their medical histories and conditions from the doctors who are actually treating them. It was a long battle but it was great to win a case that benefits all plaintiffs in California personal injury cases.

What are some innovative things your firm is doing to help personal injury victims?

We've written books that provide guidance to personal injury victims. We teach other attorneys techniques to improving the representation and care they provide their personal injury clients. And in January 2010, we're launching a national campaign designed to wipe out hit and run accidents.

BISNAR | CHASE gets MADD!

At BISNAR | CHASE, we're committed to our community and to improving the lives of others through charitable contributions, sponsorships and event participations. That's why this year, we're proud to be a corporate patron and water sponsor of Walk like MADD 2010 on Saturday, May 8, 2010 in Huntington Beach. This event is designed to help Mothers Against Drunk Driving (MADD) support programs for both victims of drunk driving as well as programs to help prevent drunk driving and underage drinking in Orange County.

As part of our sponsorship, members of the BISNAR | CHASE staff are currently raising money and will be participating in the 5K walk. Additionally, our team members will be on-hand, manning our booth and educating people about the services we offer and how we help victims of drunk driving as well as hit-and-run accidents, in addition to providing water to all of the participants who care enough to make a difference.

To be a part of this event, or to learn how MADD helps victims of drunk driving click here...

Or visit the Walk Like MADD 2010 OC website today.

In the California Injury Blog

Here are a few recent car accident stories that have been in the news, as covered on http://www.CaliforniaInjuryBlog.com ...

• February 4 - Three Children Injured in San Bernardino Dog Attack
• February 16 - Orange County DUI Car Accident Kills Woman
• February 17 - Scuba Diving Fatality - Galapagos

Visit the California Injury Blog today to get regular updates on local injuries and accidents in California.

Lawyer Joke -- Three Wishes

A paralegal, an associate and a partner of a prestigious law firm were walking through the park on their way to lunch when they found an antique oil lamp. They rubbed it and a Genie came out in a puff of smoke.

The Genie said, "I usually only grant three wishes, so I'll give each of you just one."

"Me first! Me first!" said the paralegal. "I want to be in the Bahamas, driving a speedboat, without a care in the world." Poof! He disappeared.

"Me next! Me next!" said the associate. "I want to be in Hawaii, relaxing on the beach with my personal masseuse, an endless supply of gourmet food and the love of my life." Poof! She disappeared.

"You're next!" the Genie said to the partner.

The partner said, "I want those two back in the office after lunch."

Do You Know The Seven Fatal Mistakes?

John Bisnar, founding partner of BISNAR | CHASE, is well known for his experience and expertise litigating personal injury claims. John's book, The Seven Fatal Mistakes That Can Wreck Your California Personal Injury Claim, provides the guidance victims need to successfully settle a personal injury claim.

According to John, he wrote the book because "I don't like to see the average guy being taken advantage of by insurance companies, government agencies and other powerful entities."

Get a free copy of The Seven Fatal Mistakes That Can Wreck Your California Personal Injury Claim.

Are You Still Unsafe At Any Speed?

Did an SUV roll over? An airbag fail to deploy? A tire come apart? A fuel tank explode? A seat collapse? A roof sustain severe deformation and crush? A seat belt unlatch or otherwise pop open?

This book enables readers to evaluate an auto products liability case by offering valuable information of the specifics of common vehicle defects. To illustrate the traffic implications of defective autos in people's lives, real-life accounts have been included, reminding us that we are dealing with much more than statistical and technical information here.

Get your own copy of Still Unsafe At Any Speed: Auto Defects That Cause Wrongful Deaths and Catastrophic Injuries.

Be Prepared With Your Free Car Glovebox Accident Kit

BISNAR | CHASE has designed a car accident kit for your glovebox to keep your car documents organized and to assist you if you are involved in a car accident.

The organizer has a slot to put your automobile certificate of insurance, a place to put your car registration, an accident information form with instructions on what to do after a traffic accident and what information to collect at the scene of a car accident, a pen, a flashlight with batteries, a tire pressure gauge, and a note pad.

Get your Free Car Glovebox Accident Kit right now!