Illinois Car and Truck Accident Lawyer Blog

As Toyota executives have been less than forthcoming about the issues surrounding the recalls, their consumers are becoming increasingly more agitated as many have invested in new, nice, and what they thought were safe cars, only to be fearful of driving them to the point that they are beginning to turn to rental cars. Since Tuesday, “when the Japanese automaker said it would stop making and selling some of its top-selling models, the company has had few answers for dealers and drivers - most notably when Toyota owners could get their cars fixed and hit the road without worrying” (AP for FindLaw, McClam and Fredrix, 1/29).

"I'm stuck with this car," said Tony Raasch of Hales Corners, Wisconsin, who collided with another driver in his 2010 Corolla two weeks ago when the car suddenly accelerated. "I really don't know what to do. I just feel - I guess - ripped off is the best way to put it."

Almost certainly multiplying consumer frustrations, “Toyota is sending new gas pedal systems to its factories, not to dealerships that want the parts to take care of customers' cars.” On Friday, the company said that details regarding the solutions to the acceleration problem will be made available next week and should take about a month to implement. Of course, drivers do not have a month to be without their Toyota for daily uses.

However, as a Chicago car and truck accident attorney, I urge drivers to take this recall seriously. No matter how frustrating and inconvenient it may be, it is imperative to take the necessary precautions to avoid unnecessary injuries.

The New York Times reports from Detroit, “Toyota issued its second large recall in two months on Thursday to fix a problem with accelerator pedals that can get stuck, causing vehicles to speed up unintentionally” (Nick Bunkley, 1/22). The recall covers over 2 million cars and trucks between model years 2005 and 2010, and is separate from the 4.2 million vehicle recall in November. The National Highway Traffic Safety Administration website has more detailed information regarding which cars are affected.

The November recall targeted a floor mat design flaw that could potentially cause the gas petal to become trapped, which was the suspected culprit in a fatal accident this summer in California. However, even after removing and replacing floor mats, reports of jammed petals continued to plague the automaker.

Two recent accidents in Texas and New Jersey have prompted the NHTSA to consider launching an investigation. Until Thursday, the automaker denied any mechanical or electronic problems with the gas pedal, but is now saying that in “rare instances” there may be a mechanical mechanism malfunction leading to gas pedals to get stuck accelerating.

Although Toyota seems to be making thorough and appropriate recalls, all consumers must be sure to have their recalled vehicles fixed as soon as possible. The issue plaguing Toyota vehicles is one that is more serious than many other recalls. Three major accidents in six months have occurred as a result. Therefore, as a personal injury attorney, I encourage all people to take whatever steps necessary to avoid possible fatal car accidents.

CNN reports, “the FAA said Friday it is closely watching and reviewing American Airlines after the carrier had three landings go wrong in December (12/27, Ahlers and Alsup).” Between December 13 and 24, 3 American Airlines planes had incidents upon landing. The worst involved the December 24 landing of a Boeing 737 in Kingston, Jamaica, which overran a runway during a rainy landing injuring 91 passengers. The two other landing incidents involved planes landing in Austin, Texas and Charlotte, North Carolina.

FAA spokesman Lynn Lunsford stated that heightened scrutiny of airlines involved with several incidents over a short period of time is routine. American Airlines spokesperson stated that the airline intended to comply with all FAA demands.
The review, although routine after landing incidents, aims to determine if the incidents are “indicative of a larger issue.” As a personal injury attorney in Chicago, I am relieved to see the FAA taking regulatory action after three extremely close landing incidents with American Airlines.

As a truch and car accident attorney in Chicago, I always urge people to keep track of recalls and act quickly if they own an affected product.

Christopher Jensen reports, “Harley-Davidson is recalling almost 111,600 motorcycles because the fuel tanks could leak following a severe crash. The company told the National Highway Traffic Safety Administration that it discovered the problem during its own crash testing, and it is not aware of any “fires, injuries or fatalities” related to the defect. The recall covers 2009–10 Touring, CVO and Trike motorcycles” (NYT, 12/11).

Subaru also announced a recall involving a concern about fire regarding a fuel leak in extremely cold temperatures in the 2002-3 models of the Impreza WRX.

This week, The AAA Foundation for Traffic Safety, announced “that it was making its computer program that assesses the ability of older drivers available free online” (Tanya Mohn, NYT, 12/8).

The “Roadwise Review” program is “designed to help older drivers test their abilities through exercises that measure eight physical and mental areas that can predict crash risk, like memory, visual processing speed, leg strength, and head and neck flexibility.”

The program was originally released five years ago to be distributed throughout the AAA network, although no substantive changes have been made to the program, it is not free and accessible to all with an internet connection.

The beauty of the program is that it “allows users to check their driving skills at home,” which can be a non-threatening first step for families with elderly drivers who need to be reevaluated. As a automobile accident attorney, I encourage families with older drivers to try this program to ensure their loved ones are capable of driving safely. To try the program, go to www.seniordrivers.org.

Hurley McKenna & Mertz is proud to represent Mark Stephan who was injured when the front wheel of his bicycle fell off as he was riding on a Chicago area roadway. Mark has inspired our firm with his tireless efforts to return to his prior life. Mark embodies the American spirit. He simply refuses to quit and he never complains. It is an honor and privilege to represent a man of his incredible courage.

If you have not already seen it check out Mark Stephan's story as told by Mike Leonard on the Today Show.

Check out this u tube clip of Hurley McKenna & Mertz client Mark Stephan walking out of the Rehabilitation Institute of Chicago. Even though his arms and legs were nearly lifeless after breaking his neck when his front wheel suddenly came off his bike, Mark said he would walk out of the RIC someday. After months of therapy by the wonderful staff at the RIC Mark Stephan made good on his word.

New technology called ZoomSafer is a free service that uses a phone’s GPS sensors to determine whether the user is at driving speeds, and then disables the cellphone from making or receiving phone calls until the car is stopped (New York Times, 11/22, Grobart). Drivers can override this command, but doing so generates an e-mail to the account administrator alerting them of the override command. Of course, turning a cellphone off while driving is another solution to this problem, but most Americans will forget to turn off their phone or don’t have the discipline to do so as we are addicted to being in constant contact with the world.

In fact, not all consumers are comfortable with the idea of a service automatically disabling their phone, and some would rather continue to use cell phones with hands free devices. Ford and Microsoft, for example, “ are selling systems that rely on voice commands to dial phones.” These devices are more popular with consumers, but the auto shut off technology has “caught the eye of large auto insurers,” who are not convinced that hands free chatting is much safer and want to have less payouts for accidents.

As a Chicago attorney who has seen the repercussions of careless phone use while driving tear lives apart, I am intrigued by the new technology. Especially for young drivers, have an automatic cell phone “muzzling” mechanism may lead to a drastic decrease in auto accidents involving new drivers. I encourage all drivers to make sure they are being cautious will cell phone usage, whether hand free or otherwise, behind the wheel and to be sure to abide by any law regulating cell phone usage while driving.

Christopher Jensen reports, “General Motors is recalling almost 53,000 Chevrolet Cobalts, Saturn Ions and Pontiac G5s because a fuel leak could cause a fire” (New York Times, 11/6). General Motors has said it will “replace the fuel pump module on cares on cars used in states with weather hot enough to cause the problem.” The recall includes both 2006 and 2007 models of the Cobalt and Ion, and the 2007 model of the G5s. The 2006 Cobalt and Ion are being recalled in Arizona and Nevada, but the recall of the all the listed 2007 models includes Arizona, Nevada, California, Florida and Texas.

This type of recall is a geographic recall. Consumer groups have hotly objected to selective recalls contending that while it saves the automaker money, consumers who use vehicles to travel between states, and necessarily do so without the safety modification, are at extremely high risk of unnecessary danger. As a products liability attorney, I always encourage people to pay attention to vehicle recalls and act quickly to correct any defects in their vehicles.

As a personal injury lawyer and an advocate for vehicle safety, I urge all people to maintain awareness about vehicle recalls that affect your family. This week, Chrysler announced it is recalling “about 161,000 Jeeps because their automatic transmissions were assembled without a system to warn if the fluid is overheating” (New York Times, Jensen, 11/13). The issue with the transmission is particularly apparent when “operating a vehicle under rigorous off-road conditions,” which if done continuously “will cause the vehicle’s transmission temperature to elevate…[and] may lead to a transmission failure.”

All 2007-8 Jeep Wrangler drivers should act immediately to repair this defect and avoid possible injury. Other drivers may want to routinely check the National Highway Traffic Safety Administration website for additional recalls.

Recent events surrounding the two Northwest Airlines pilots who overshot their Minneapolis destination by 16 minutes and 150 miles, has raised questions about pilot responsibility in the cockpit (Lowy, AP for FindLaw, 10/28). Fortunately, the FAA acted swiftly in grounding the pilots indefinitely and revoking their licenses for a year.

The pilots told investigators that they lost track of time and location during flight because they were on their personal laptops while the flight was out of communication with air traffic control for 91 minutes. Air traffic control in two states tried a total of eight times to contact the pilots, and even suspected the plane was hijacked.

As a attorney who strives to compensate those whose lives have been harmed by the negligence of others, I am concerned about the careless pilot conduct that came to light in this story. Although I am hopeful that it was an isolated incident, the FAA should take steps to ensure the other pilots are not engaging in similar careless behavior, and should articulate standards for when a suspected hijacking should be reported to Washington.

Just under 4,000 off-road utility vehicles have been recalled due to the threat of unprompted acceleration (AP for FindLaw, 10/21). The vehicles are manufactured by Bad Boy Enterprises of Natchez, Mississippi and were recalled in response to “32 reports of unexpected acceleration” leading to injury to both the user and bystanders. The vehicles are new, and were sold in June and July of 2009. Affected models have serial numbers between 85004828 and 95010404. More information is available at http://www.cpsc.gov or 1-866-678-6701.

As a Chicago lawyer and automobile consumer, I am concerned about the exacerbated hazard of off-road utility vehicles. Off-road utility vehicles are hazardous by nature, and often attract thrill-seeking drivers. It is imperative that owners of these vehicles take care of the acceleration issue immediately before any more injuries occur.