Philadelphia Car Accident Lawyers Blog

The National Highway Traffic Safety Administration has launched an investigation into the Toyota Prius. Pennsylvania motorists who own and drive a 2010 Toyota Prius should be aware that there have been reports of the brakes failing on the vehicle.

There have been numerous reports to the NHSTA of brakes failing on Toyota Prius drivers when they encounter a hazardous road. The brakes are momentarily failing when they drive on slippery roads, hit a pot hole or drive on uneven road surfaces. Toyota has confirmed that there is a software glitch in the brake that is causing the vehicle to temporarily lose braking power but has not yet launched a formal recall. The investigation involves nearly 40,000 vehicles and is so far limited to the 2010 model. The problem is also being investigated in Japan by its government. The Prius was not named in the floor mat or the accelerator recall.

Toyota, its dealerships and its drivers are facing an especially trying time. Toyota was once renowned for its safety but these latest rounds of recalls and investigation has made many people questioning Toyota's reputation. The Secretary of Transportation, Ray LaHood, issued a statement for Toyota drivers to immediately stop driving recalled vehicles and take them back to the dealership. LaHood has since retracted that statement and said that drivers should get their vehicle fixed as soon as possible.

Related Web Sources:
Feds probing Prius brakes
Toyota checking 2010 Prius brakes; mum on recall
Confusion and fear at Toyota dealerships

A New Jersey woman was driving down I-95 when suddenly her car became extremely difficult to drive. The woman's power steering on her 2005 Chevrolet Cobalt had failed and she narrowly avoided crashing into the guardrail. According to the National Highway Traffic Safety Administration the woman is not alone and an investigation into the defect has begun.

NHTSA has received over one thousand complaints from about a power steering malfunction in models 2005 thru 2009 Chevrolet Cobalt. When the power steering on a vehicle shuts off the automobile becomes extremely difficult to maneuver and drivers can easily lose control of the vehicle. Motorists have described the feeling as trying to life a very heavy weight. There is not yet a recall but General Motors is cooperating with the NHTSA investigation.

Related Sources:
Probe Underway Into Chevy Cobalt Complaints

A Montgomery County woman unexplainably crashed into the store front of a laundromat in Glenside. The woman was attempting to place her Toyota Camry in park when the vehicle suddenly accelerated up the curb and through the window of the local laundromat. Luckily no one was injured in the accident and the laundromat owner estimates the woman was travelling 50 mph.

This accident comes as Toyota announces another 1.09 million vehicles recalled because of sudden acceleration concerns. This recall is in addition to the 2.3 million vehicles Toyota has recalled.

Vehicles affected by the mats recall:
• 2008-2010 Highlander
• 2009-2010 Corolla
• 2009-2010 Venza
• 2009-2010 Matrix
• 2009-2010 Pontiac Vibe
•
Vehicles affected by the accelerator recall:
• 2009-2010 RAV4
• 2009-2010 Corolla
• 2009-2010 Matrix
• 2005-2010 Avalon
• 2007-2010 Camry
• 2010 Highlander
• 2007-2010 Tundra
• 2008-2010 Sequoia

Toyota has decided to halt production at six North American car-assembly plants starting February 1 and will halt sales in North America on the vehicles named in the recalls to fix the problem before it reaches consumers. Toyota has yet to set a date when production and sales of the vehicles will resume.

Related Web Sources:

Woman's Toyota crashes into Laundromat
Toyota recalls an additional 1.09M vehicles

Toyota has announced another massive recall on older model vehicles after continuing reports of vehicles suddenly accelerating on drivers. This latest recall covers 2.3 million vehicles and comes at a surprise to Philadelphia drivers and others nationwide.

In December 2009, Toyota launched its largest recall in history. The recall was a response to a problem that had plagued the company for years, floor mats that interfered with accelerator pedals. The recall finally offered a permanent solution to problem.

However The National Highway Traffic and Safety Administration is still receiving numerous complaints of Toyota vehicles suddenly accelerating and causing severe accidents. Drivers are reporting that the accelerator pedal is sticking in a partially depressed condition and causing the vehicle to suddenly accelerate. The reports come from drivers who have removed the floor mats from their vehicles. In Toyota's last massive recall the company stated that there is no mechanical defect with the pedal but this latest recall alters the company's stance. Investigations by Toyota have discovered that when the pedal mechanism is worn it can take longer to return to an idle position or more dangerously remain partially depressed.

If a vehicle suddenly accelerates drivers are being told to firmly press down on the brake and shift the car into to neutral. Once in neutral they are told to steer the vehicle off the road and turn off the engine. Drivers should not turn off the car in traffic as they are likely to lose power steering, making the car difficult to maneuver. There is no remedy yet for this recall.

The following Toyota Division vehicles were named in the recall:

• 2009-2010 RAV4,
• 2009-2010 Corolla,
• 2009-2010 Matrix,
• 2005-2010 Avalon,
• 2007-2010 Camry,
• 2010 Highlander,
• 2007-2010 Tundra,
• 2008-2010 Sequoia

Related Sources:

Toyota issues recall for 2.3 million vehicles

Toyota Files Voluntary Safety Recall on Select Toyota Division Vehicles for Sticking Accelerator Pedal

Philadelphia drivers may be unknowingly driving around on defective valve stems. Over twenty three million valve stems from China have been recalled in fear the stems can crack.

A cracked valve stem can lead to decreased tire pressure, one of the leading causes of a tire blowout. It is extremely difficult to control a vehicle during a tire blowout and ultimately most blowouts end in a serious collision. As a way to increase profits, the Chinese manufacturer removed the chemical applied to the valve stem to prevent cracking. Unfortunately there is no way to know if your tire has a defective Chinese valve stem because there is no part number or model number stamped on the stems. Drivers can check for cracks on their valve stems by rotating the stem clockwise and checking the surface for cracks.

Related Sources:
Valve Stem Problem in Chinese Tires

The Insurance Institute for Highway Safety released its annual list of its safest vehicles and the list is significantly smaller than in years past. In 2009, the institute awarded 94 vehicles compared to only 27 vehicles in 2010. In order for vehicles to qualify they needed to achieve the highest possible score in the roof strength evaluation, something that was never required before. With the increased attention to roof strength the institute now covers the four most common types of crashes: front, side, rear and rollover.

While rollover accidents are the least common of the four they do result in the highest number of fatalities. A roof crush limits the amount of head room in vehicles and detrimentally impacts the way safety devices such as seat belts and airbags protect the occupants. The windows are also routinely broken during a roof crush which substantially increases occupant ejection from the vehicle resulting in higher degrees of injury.

Ford and its Volvo unit received the most top awards from the Insurance Institute for Highway Safety with six and Subaru and Volkswagen received five awards. Chrysler had four vehicles awarded with Honda and General Motors receiving two awards. Toyota, Mazda and Mitsubishi vehicles did not achieve any awards. The Honda Accord and Ford Fusion, winners in 2009, were left off the list because they did not score high enough on the roof test.

Related Web Sources:
Insurance Industry Picks Safest Cars

An SUV is a vehicle that presents a driver with unforeseen problems with handling, stability, and safety. The treads on steel belted radial tires of an SUV as well as light trucks and passenger vehicles have a tendency to separate. When this happens on an SUV, the vehicle often rolls over due to the their high center of gravity and narrow wheelbase. This phenomenon known as tread separation can be extremely dangerous, because when this happens, the driver has a tremendous amount of difficulty controlling the vehicle. Tread separation can occur when the steel belts do not adhere well to the rubber on the tires. This can be the result of a problem with the way the tire was made (manufacturing defect) or the failure to incorporate important safety features into the design of the tire (design defect). When this happens there are often catastrophic consequences.

Philadelphia Toyota Drivers, there is finally a permanent solution to a problem that has been plaguing Toyota and its drivers for years. After years of reports of the floor mats causing the vehicle to suddenly accelerate, Toyota announced a recall in October that urged all drivers to remove the floor mats until a vehicle-based remedy could be implemented. The remedy announced by Toyota will be a reconfiguration of the accelerator pedal and a brake-to-idle override that will allow the driver to quickly stop the vehicle in an unintended sudden acceleration situation. Toyota will also install new floor mats in the vehicles.

Starting in January, drivers can bring their Toyota or Lexus to a dealer and the dealership will shorten the length of the accelerator pedal until replacement pedals arrive. They will also install an "extra measure of confidence" by programming the car to idle when the brake and accelerator are pressed simultaneously. Toyota hopes this extra measure will alleviate concern and re-instill confidence in their vehicles. In many sudden acceleration accidents the driver has stated that no amount of braking could slow down or stop the vehicle.

The recalled vehicles include:
2005 - 2010 Avalon
2007 - 2010 Camry
2004 - 2009 Prius
2005 - 2010 Tacoma
2007 - 2010 Tundra
2007 - 2010 Lexus ES 350
2006 - 2010 Lexus IS 250
2006 - 2010 Lexus IS 350

There have also been reports that some Toyota sudden unintended acceleration accidents are not due to the floor mat. The problem lies with the electronic throttle and while the "extra measure of confidence" that is being installed in the recalled vehicles the 2002 thru 2006 Camry/Lexus ES also have electronic throttles and have been reported to suddenly accelerate on drivers. Toyota currently has no plans to address these situations and is only offering the solution to the vehicles mentioned in the recall.

Pennsylvania Ford drivers have a new cause for concern. The automobile company has added 4.5 million vehicles to an already extensive recall. With the newest addition Ford now has recalled over 14 million vehicles, some being a decade old because a faulty cruise control switch can cause a fire under the hood.

In February 2008 Ford began investigating its Windstar model after numerous reports surfaced of fires under the vehicles' hoods. The company discovered that a defective cruise control had an internal leak that could lead to a fire. Since that initial investigation Ford has recalled every model and vehicle with the defect which now stands at over 14 million and includes Ford, Lincoln, and Mercury vehicles from 1992 until 2003.

The faulty switches are manufactured by Texas Instruments and the internal leaking can cause the switch to overheat and ignite. There have also been reports from The National Highway Traffic and Safety Administration (NHTSA) that the leaking switch could spill onto the antilock brake control module and start a fire. Ford no longer uses the switch and stopped installing them into its vehicles in 2003. Even vehicles without cruise control are being recalled because they still contain the switches with brake fluid routed through them.

Until the owner can bring the defective vehicle to a dealer, Ford has advised that the vehicle be parked outside of their home. The dealer will install a harness that will prevent the brake fluid from flowing anywhere it could start a fire.

The following models are affected by the recall:
1995-2003 Ford Windstar
2000-2003 Ford Excursion Diesel
1993-1997 and 1999-2003 Ford F-Super Duty Diesel
1992-2003 Ford Econoline
1995-2002 Ford Explorer
1995-2002 Mercury Mountaineer
1995-1997 and 2001-2003 Ford Ranger
1994 Ford F35 Motorhome Vehicles

Pennsylvania Toyota drivers may want to remove their floor mats on the driver's side. Toyota has announced a recall of almost 4 million vehicles and is urging all Toyota and Lexus drivers to remove their floor mats and not replace them until the automaker can come up with a permanent solution to a dangerous problem.

Toyota has received numerous reports of the floor mat causing the accelerators to jam causing drivers to lose control of their vehicle which can ultimately end in a high speed collision. The first known reports came to Toyota in 2004 and concerned the Prius but since then there have been over 100 reports with dozens of crashes, nearly twenty injuries and five deaths.
The National Highway Traffic Safety Administration has warned drivers to remove floor mats from the following vehicles:

• 2007-2010 Toyota Camry
• 2005-2010 Toyota Avalon
• 2004-2009 Toyota Prius
• 2005-2010 Toyota Tacoma
• 2007-2010 Toyota Tundra
• 2007-2010 Lexus ES 350
• 2006-2010 Lexus IS 250 and IS 350

One of the fundamental aspects of car safety design is to assume that accidents can and will happen. So when taking into consideration the design and placement of the most dangerous part of the car, the fuel system and fuel tank, it is important that it is properly placed and protected so as not to burst into flame, particularly following an accident. A single gallon of gasoline explodes with the same amount of force as eight (8) sticks of dynamite.

Despite this common sense logic it is alarming to know that there are millions of cars on our nation's highways and roads that have unsafe and defective gas tanks with fuel systems which are unable to endure even the slightest rear impact collision without bursting into flames. This well-known automobile phenomenon known as post collision fuel-fed fires (PCFFF) have the potential to cause severe burns, agonizing pain, and death, which can easily be avoided if manufacturer had designed the vehicle properly.

What constitutes unsafe fuel systems?

• Fuel tanks placed on the side or in the rear where they can be easily punctured during a collision.
• Placing fuel lines in positions where they can be ruptured during a crash.
• The use of inexpensive and weak materials to connect the fuel tank to where the fuel is inserted into the vehicle (the fuel filler neck) causing the two to separate and fuel to pour out during a collision.
• The use of unsafe materials to manufacture fuel lines, causing lines to decay or break during a crash.

An evasive maneuver triggered this rollover of a small SUV. The driver turned from the left hand lane into the right hand lane to avoid the car in front of him, then he turned back into the left hand lane. This classic double lane change maneuver was too much for the physics of the vehicle, the design of which features a short wheelbase. The driver was unable to maintain control, and even though he was driving the speed limit and wearing his seat belt, he suffered fatal injuries when the SUV rolled over. His passenger survived but sustained permanent injuries. This SUV rollover lawsuit recently settled. If you are interested in learning more about SUV rollover lawsuits, contact the attorneys of Eisenberg, Rothweiler, Winkler, Eisenberg, and Jeck. P.C.

Why does this happen?

Companies have been known to cut corners and costs by choosing fuel tank and fuel system designs which are less expensive. These designs often sacrifice safety for corporate profit. Despite the fact that for the past thirty years there have been safer fuel system designs (that have been tested to withstand crashes at speeds of 70mph) automobile manufacturers stubbornly refuse to incorporate proper safety measures into their designs.

These companies feel that it is more cost effective to come to court to defend themselves in lawsuits rather then making the needed safety improvements in their vehicles.

Car Fuel Fire

In terms of crashworthiness, a fuel fire, such as that seen in Ford Crown Victoria fires, refers to a car fire that is fed by fuel leaking from the gas tank of a vehicle. While some car fires can be caused by wear and tear or design defects, most result from accidents. A car that sustains a significant impact may have the structural integrity of its fuel system damaged. If the gas tank or any of its hoses, connectors, or seals is damaged, fuel can spill and potentially ignite. The fuel fire produced can be very intense and may cause an explosion or vehicle fire.

A fuel-fed vehicle fire can cause serious injury or death to vehicle occupants. It is for these reasons that automobile manufacturers must follow certain safety regulations. Automakers who are negligent in their duties to protect consumers can be held liable for the damage done by defective products. If your loved one was seriously injured in a Ford vehicle fire or fuel fire, you may be entitled to seek compensation. Contact the lawyers of Eisenberg, Rothweiler, Winkler, Eisenberg, and Jeck. P.C. today.

Van Fire

Similar to a car fire, a van fire is generally caused by the ignition of fuel leaked from a gas tank damaged in an accident. Of course vans usually carry more passengers than cars, and one would think that they are safer. One van in particular, the Ford Econoline has shown that this is not necessarily the case. The Econoline van has a defect in the fuel system whereby the dual gas tank under the vehicle tends to overheat. This can cause the gasoline to boil, which cause vapor lock and fuel expulsion. If the expelled fuel is ignited, a van fire ensues. Learn from the lawyers of Eisenberg, Rothweiler, Winkler, Eisenberg, and Jeck. P.C. about your van fire lawsuit.

Injuries associated with unsafe fuel systems

Tragically, every year hundreds of individuals lose their lives in fuel-fed fires and explosions. However, if someone survives an explosion and the ensuing fire caused by an unsafe fuel system, they will likely suffer from severe, disabling and disfiguring thermal third degree burns. A full description of burn categories, burn severity, and the extensive treatment and costs associated with burn victims may be viewed by clicking on this link.

Continue reading "Unsafe Fuel Systems and Fuel-Fed Fires" »

Integral to the functioning of a vehicle are the tires it sits on. According to the National Highway Traffic Safety Administration, there are over 8,000 traffic accidents each year caused by Tire Blowouts. Though some of these may be attributed to driver error, many are the result of a manufacturing or design defect.

What is a Tire Blowout?

A Tire Blowout, or tire shredding as it also known, occurs when a vehicle's tires lose air rapidly, sometimes almost explosively, causing a loss of control over the vehicle.

What causes a Tire Blowouts?

Tire Blowouts usually occur when there is tread separation. Tires are built with many different layers and when these 'plies' start separating from one another, tread separation occurs. This separation is often the result of poor design, misplacement of the overhead belts, or the tread and belt separations are poorly bonded to the components of the tire due to:

• Using old and out of date adhesives


• Incorrect temperatures and unclean manufacturing facilities


• Introduction of some contaminant such as rust, moisture, grease, or oxidation

The role of the manufacturers

Millions of tires have been recalled over the years because of defects in the manufacturing process. Some of these defects the manufacturers knew about for some time without warning the public. There are even some experts who claim that the tires produced in the United States are the worst in the world.

Perhaps what is most startling is that there is a new technology for tires that actually prevents tread separation from occurring, which has been around for a number of years. Does that mean your car is fitted with these new improved technology tires?

No, because manufacturers are reluctant to incorporate such tires because of the increased costs associated with production.

Tire Blowouts

Integral to the functioning of a vehicle are the tires it sits on. According to the National Highway Traffic Safety Administration, there are over 8,000 traffic accidents each year caused by Tire Blowouts. Though some of these may be attributed to driver error, many are the result of a manufacturing or design defect.

What is a Tire Blowout?

A Tire Blowout, or tire shredding as it also known, occurs when a vehicle's tires lose air rapidly, sometimes almost explosively, causing a loss of control over the vehicle.

What causes a Tire Blowouts?

Tire Blowouts usually occur when there is tread separation. Tires are built with many different layers and when these 'plies' start separating from one another, tread separation occurs. This separation is often the result of poor design, misplacement of the overhead belts, or the tread and belt separations are poorly bonded to the components of the tire due to:

• Using old and out of date adhesives


• Incorrect temperatures and unclean manufacturing facilities


• Introduction of some contaminant such as rust, moisture, grease, or oxidation

The role of the manufacturers

Millions of tires have been recalled over the years because of defects in the manufacturing process. Some of these defects the manufacturers knew about for some time without warning the public. There are even some experts who claim that the tires produced in the United States are the worst in the world.

Perhaps what is most startling is that there is a new technology for tires that actually prevents tread separation from occurring, which has been around for a number of years. Does that mean your car is fitted with these new improved technology tires?

No, because manufacturers are reluctant to incorporate such tires because of the increased costs associated with production.
Tire Blowout injuries and SUV's

Driving in a less stable vehicle, such as an SUV, increases your chance of sustaining injuries due to Tire Blowouts. SUV's tend to be narrower and taller and therefore less stable then a sedan. So when a Tire Blowout does occur, SUV's are much harder to control and the risk of rollovers is higher. An SUV rollover lawyer can help you receive just compensation if you have experienced one of the serious consequences of such an accident, which can include:

• Death


• Traumatic brain injury


• Paralysis


• Quadriplegia


• Spinal Cord Injuries

An SUV rollover attorney can assess the strength of your case if you have sustained such an injury due to a rollover. People are also at a greater risk of sustaining such injuries when traveling at higher speeds due to the difficulty of controlling the vehicle.

Continue reading "Tire Blowouts" »

Traumatic brain injury (TBI), which is alternatively termed a "closed head injury" or "intracranial injury", occurs when there is any kind of external event that causes trauma that damages the head and brain. Every year, millions of people suffer from TBI, with the overwhelming majority resulting from motor vehicle accidents.

The two different kinds of TBI

Penetrating brain injury: Any kind of injury to the head or brain that results in an open or penetrating wound.

Closed brain injury: A closed brain injury occurs when the trauma does not penetrate the skull and there is no open wound. This is the most common type of brain injury in a motor vehicle accident, and is usually confirmed with a CT scan.

It is caused by the rapid acceleration and deceleration of movement, causing the brain to shake inside the skull. This often results in the immediate bruising and tearing of brain tissue and blood vessels, and in the following days, significant alterations in cerebral blood flow may occur, along with fluctuating pressure within the skull.

Possible effects of TBI

TBI can cause a variety of medical conditions and symptoms, which are classified as "mild", "moderate" and "severe", which is defined by victim's Glasgow Coma Score. Some of these symptoms include:

• Coma


• Confusion


• Amnesia


• Paralysis or weakness


• Poor coordination


• Double vision


• Difficulty speaking (word salad)

Impaired ability to complete daily tasks Changes in behavior Dizziness Headache Irritability Anxiety and depression Memory loss Death.

TBI as a result of motor vehicle accident

TBI can result from any blow or aggressive force to the head. This can happen during a car accident when the occupant is ejected or collides with any part of the vehicle. Injury often occurs from defective design and/or manufacturing of a vehicle.

A common example is improperly designed roofs, which cause collapse during an accident. The intrusion of the roof into the vehicle is known to cause head injury. It also allows the occupant to be ejected from the vehicle through broken windows. Furthermore, TBI is often seen when a vehicle's airbag fails to deploy, or deploys too forcefully (commonly known as "aggressive deployment").

TBI can also be caused during a collision from faulty seat backs, faulty seat belts, or faulty door latches.

Continue reading "Traumatic Brain Injuries" »

What is a spinal cord injury?

A spinal cord injury (SCI) is damage sustained to the spinal cord that, as a result, leads to a loss of function such as mobility or feeling. A person can suffer from a broken back or neck without incurring a spinal cord injury if only the vertebrae (bone) around the spinal cord are damaged.

Such an injury is normally the result of a sudden, traumatic blow (such as a car accident) to the spine that contuses, compresses, or lacerates the spinal cord. The spinal cord, however, does not need to be severed for a loss of functioning to occur.

Spinal cord injuries fall under 2 categories:

• Complete: there is no function or sensation below the point of injury (paralysis)


• Incomplete: there is some functioning and sensation below the point of injury (recovery possible)

How can a spinal cord injury be sustained?

36% of spinal cord injuries are the consequence of a motor vehicle accident. There are a number of scenarios in which they can occur. Some examples are:

Rollover Accidents: When a vehicle is subjected to a severe roof crushing due to weakly constructed pillars, support structures and windshield headers occupants are at a much higher risk of sustaining a SCI. Our SUV rollover attorneys can better explain how the force of the rollover can result in a roof crush, which could cause permanent injury to passengers.

Malfunctioning Seatbelts: When functioning properly the seatbelt is without doubt the most important safety feature in a car. However, automatic seat belt systems and door-mounted seat belts can have safety problems that lead to malfunction and injury. If your seatbelt caused you injury, a seatbelt accident lawyer knows how to check if this was caused by a malfunction.

Tire Blowouts: Tire-shredding or blowouts can result in a loss of control of the vehicle, which can lead to serious accidents, including rollovers, and subsequent SCI.

Treatment and prognosis

The effects of a spinal cord injury can be emotionally and financially devastating for the victim and family. Depending on the severity of the injury some will allow for a complete recovery with physical therapy, skill-building activities, and counseling. However, some will end in the complete paralysis of the victim with no hope of rehabilitation. People who survive a SCI are also prone to secondary medical problems such as chronic bladder and lung infections, bowel discomfort, with an increased risk of respiratory and heart problems.

Continue reading "Spinal Cord Injuries caused by SUV rollovers and other crashworthy issues" »

The Chrysler Group LLC has agreed to accept product liability claims on vehicles manufactured before June 10, 2009. As part of the bankruptcy deal struck with congress Chrysler Group did not have to accept liability for cars manufactured before the bankruptcy deal was approved.

Stewart Eisenberg previously appeared on 6 ABC to discuss the ramifications the deal would have on injured consumers. That deal has changed and injured consumers will once again be able to fight the automaker for the compensation they deserve. If you believe you or a loved one has been harmed as a direct result of an auto defect in a vehicle please do not hesitate to contact our experienced crashworthiness attorneys to discuss your potential case.

Chrysler's Press Release:

Auburn Hills, Mich. - In a letter sent today to Members of Congress, Chrysler Group LLC announced that the company will accept product liability claims on vehicles manufactured by Chrysler LLC (now OldCarco LLC) before June 10, 2009, and involved in accidents on or after that date. On June 10, 2009, Chrysler Group purchased substantially all of the assets of Old Carco.

"We want our customers to feel comfortable and confident buying, driving and enjoying one of our vehicles," Bozzella said. "Chrysler Group vehicles meet or exceed all applicable federal safety standards and have excellent safety records."