California Injury Lawyer Blog

Nissan Motor Company is recalling as many as 134,000 Infiniti G35 model sedans and couples because of a problem with the airbags, Reutuers reported yesterday. According to the NHTS, the wire harness connecting the belt tension sensor (BTS) and the occupant detection sensor (ODS) control unit under the front passenger seat can experience relative movement which can cause wear and oxidation of the terminals and may cause interruption of the signal.

In other words, in the event of a crash, the airbag might not deploy.

Most of the vehicles involved in the recall are located in the US, but some vehicles recalled are also located in South Korea, Canada, Puerto Rico, Taiwan, Guam and even the middle east. The affected G35 models were made at a Nissan plant located in Japan. The recall includes Infiniti G35 sedans from model years 2005-2006 and G35 coupes from model years 2005-2007. About 35% of the vehicles recalled are coupes, and 65% are sedans, Reuters reported. For more information, Infiniti owners may contact the Infiniti Consumer Affiars Hotline at (800)662-6200.

Although Nissan says no fatalities have been linked to the defective airbags, it is possible that injuries have occurred and have not been reported or linked to the defect.

Airbag Defects & Vehicle Manufacturer Liability

In the event of a collision, especially one at highway or freeway speeds, airbags play an important role. Statistically, airbags reduce the risk of being killed in a direct frontal crash pr head-on collision by about 30%. The failure of an airbag to deploy can result in catastrophic injury or death in an accident that might have resulted in minor or moderate injury if the airbag did deploy. If you have been seriously injured or if a family member has died in an accident where the airbag did not deploy and you believe it should have, you should consider speaking to an experienced defective products attorney about your legal rights in a personal injury or wrongful death claim. You may be entitled to compensation from the manufacturer of the vehicle.

Continue reading "Nissan Recalling 134,000 Infiniti G35 Sedans and G35 Coupes for Airbag Problem " »

The California Highway Patrol has reported an 86-year-old Kenwood woman died Monday morning after a devastating accident involving an all-terrain vehicle. The crash occurred on private property off Adobe Canyon Road in unincorporated Sonoma County. The victim, identified as Delores Sprague, was riding her ATV to retrieve some tools from her home when, according to the Sonoma Index-Tribune, she apparently lost control of the vehicle and struck a tree. The ATV overturned and crushed her. She died at the scene of the accident. Sprague's husband reported the incident at about 10:20 a.m. on May 3rd.

ATV Rollover Accident Fatalities

According to the website ATVSafety.gov, nationwide there were 832 reported ATV-related deaths in 2006, 699 reported deaths in 2007. In California, statewide from 1992 to 2008, there were 516 reported deaths. Because not all deaths are reported to the Consumer Products Safety Commision, the actual number of fatalities is likely slightly higher. Each year more than 100,000 people visit emergency rooms across the country for injuries sustained in ATV accidents.

Cause of the Accident and Possible Liability Issues

The limited information in news reports did not identify the type of all-terrain vehicle involved in this crash, or explain how this crash happened. However, in any fatal ATV accident, there is always the question of whether a mechanical defect played a role. Many ATVs have been recalled for serious safety issues. Just last week, Yamaha recalled 20,000 Grizzly model ATVs that had a problem with the steering column that could cause the rider to lose control and crash. In December, Polaris recalled 8,500 ATVs dued to a problem with the front suspension ball joint stem that can cause the rider to lose control and crash. Dozens of other similar recalls have been announced in the last couple years. It is possible that this Sonoma County accident that took the life of Deloris Sprague was due to a defect or mechanical failure in the ATV.

While the cause of the accident is under investigation by the CHP, the family of the victim would be well-advised to talk to a California wrongful death lawyer about having the vehicle inspected for design or manufacturing defects. An experienced attorney familiar with ATV accident liability issues will be able to advise their family of their legal options in a possible wrongful death claim and look into similar accidents involving the type of vehicle involved in this accident.

Continue reading "Kenwood Woman Killed in ATV Rollover Accident in Sonoma County " »

In their latest recall announcement, Toyota Motor Corp announced a voluntary safety recall to upgrade the software in the stability control system in about 50,000 early 2003 model year Toyota Seqouia sport utility vehicles. According to the automaker, the recall is necessary because "In limited situations, the Vehicle Stability Control (VSC) system could activate at low speed (approximately 9 mph) for a few seconds after acceleration from a stopped position. As a result, the vehicle may not accelerate as quickly as the driver expects." Toyota says it has received no reports of injuries or accidents related to the stability control issue, and believes the vehicles are safe to drive until they can be repaired.

Toyota will being notifying owners of the recall and making free repairs starting in late May. Apparently, Toyota discovered the issue seven years ago in 2003, and published a technical service bulletin then. The NHTSA started probing the issue in late 2008. If you own one of these vehicles and would like more information, contact Toyota at 1-800-331-4331. If customers have paid to have the problem fixed, Toyota is offering a refund.

In the last seven months, Toyota has issued about 10.5 million recall notices, the LA Times reported today.

Toyota Recall Attorneys

When automakers, in pursuit of profits, cut corners that jeopardize the safety of their customers, they must be held accountable. The auto defect attorneys at Estey Bomberger fight for the rights of victims injured or killed by defective cars, trucks, vans and SUVs. If you have been hurt or lost a loved one in an accident involving a defective or recalled automobile, contact Estey Bomberger for more information and a free consultation of your legal rights in a personal injury or wrongful death claim.

Continue reading "Toyota Announces Recall of 50,000 Sequoia SUVs To Fix Stability Control Software" »

The Boston Globe reported today that investigators at the National Highway Traffic Safety Administration (NHTSA) has received two complaints about an accident on October 12, 2009 that killed four people, including three in a Toyota Highlander. The NHTSA will inspect to the vehicle to see if sudden unintended acceleration was a factor in the crash.

According to the Globe, a nearly 160 page report of the accident by local law enforcement could not identify the cause. The victims of the accident included Harvard professor and medical researcher Stephen Lagakos of Wellesley; his wife Regina; and his mother, Helen. The driver of a Chevrolet that the Highlander crashed into head-on was also killed. Next month, the NHTSA will dispatch a team to Massachusetts to inspect the Highlander, which is currently being stored in a salvage yard.

In a statement made to the Globe yesterday, Toyota said, ""Toyota sympathizes with the individuals and families involved in any accident involving our vehicles. We are making an all out effort to ensure our vehicles are safe and we remain committed to investigating reported incidents of unintended acceleration in our vehicles quickly.'' Read the full story here.

The luxury German automotive manufacturer Porsche has announced it is recalling certain 2010 Panamera models to fix an issue with the seat belts, Edmunds reported today. According to the recall summary on the National Highway Traffic Safety Administration (NHTSA) website, "Porscche has notified NHTSA of a defect in certain model year 2010 Panamera S, 4S and turbo 4-door sedan. If the front seats are adjusted towards an extreme position, resulting in unfavorable tolerance of the mating components, it is possible that the function of the locking mechanism of the seat belt mount can no longer be guaranteed. The seat belt mount could detach from the anchoring system when the seat belt is fastened or opened."

According to the NHTSA, the consequences of the defect are in the event of a crash, the seat belt may not provide adequate protection for the occupant, which may increase the risk of injury or death.

To fix the problem, dealers will install an additional locking element free of charge. Porsche recall no. AA01 includes certain Panamera S, Panamera 4S, and Panamera Turbo models. Edmunds Inside Line reported the recall affects 3,176 vehicles. For more information, contact the NHTSA's vehicle safety hotline at 1-888-327-4236, or contact Porsche at 1-800-545-8039.

If you have been involved in a crash due to a recalled vehicle, contact the attorneys at Estey Bomberger for more information and a free consultation about your legal rights to compensation from the vehicle's manufacturer.

Continue reading "Porsche Recalls Some 2010 Panamera Models for Defective Seatbelts " »

After Consumer Reports magazine issued a rare "Don't Buy: Safety Risk" warning on the Lexus GX460 SUV, Toyota says it will stop selling the vehicle to conduct its own testing about the safety of the vehicle. According to Consumer Reports, the seven seat SUV did not handle well in safety tests, and slid until it was nearly sideways before the electronic stability control system regained control. Consumer Reports said, "When pushed to its limits on our track's handling course, the rear of the GX we bought slid out until the vehicle was almost sideways before the electronic stability control system was able to regain control. We believe that in real-world driving, that situation could lead to a rollover accident, which could cause serious injury or death. We are not aware, however, of any such reports."

The "Don't Buy" warning is the first warning issued since 2001. The Toyota 4Runner, which shares the same platform as the GX 460, doesn't have the same problem.

Toyota initially responded in a statement, "We're concerned with the results of Consumer Reports testing on the Lexus GX 460 and their suggested buyer recommendation. Our engineers conducted similar tests during the development of the new GX and had no issues. However, we will try to duplicate the Consumer Reports' test to determine if appropriate steps need to be taken. Please keep in mind that the 2010 GX 460 meets or exceeds all Federal Government test requirements. Customer safety and satisfaction remain our highest priorities. We take the Consumer Reports' test results very seriously and appreciate them bringing it to our attention." Later in the day, Toyota announced it would stop selling the vehicle, at least temporarily.

About 5,000 GX460's have been sold in the three months since they went on sale. The GX460 debuted at the China International Automobile Exhibition in November 2009.

Continue reading "Toyota to Suspend Sales of Lexus GX460 SUV After Consumer Reports Issues "Don't Buy" Warning " »

The U.S. Consumer Products Safety Commission announced today that Hyland Bicycles is recalling about 800 carbon bicycle forks imported by Civia Cycles, of Bloomington, Minn. At least one person has been injured by the fork breaking, resulting in an abrasion on the face and bruised ribs.

The bicycle forks were sold by specialty bicycle retailers nationwide from April 2008 through February 2010 for between $1,675 and $3,500 for Civia Hyland complete bicycles and for about $195 for Civia Carbon forks. According to the CPSC, consumers should immediately stop riding these bicycles with the recalled forks and contact an authorized Civia Cycles dealer for a free replacement fork. For more information, consumers may contact Civia Cycles toll-free at (877) 774-6208 between 8 a.m. and 6 p.m. ET Monday through Friday or visit the firm's Web site at www.civiacycles.com.

Continue reading "CPSC Announces 800 Civia Bicycle Forks Recalled Due to Fall Hazard " »

Five days before Toyota launched a recall of 2.3 million U.S. vehicles due in January, Toyota's top U.S. public relations executive warned that the automaker needed to "come clean" about the sticking accelerator pedals. Since retired PR executive Irv Miller wrote "We are not protecting our customers by keeping this quiet. The time to hide on this one is over."

As the LA Times reported today, at the time of the email exchange, Toyota was publicly blaming the sudden unintended acceleration problem associated with the vehicles on floor mats, not gas pedals.

The January 16th email was a response to another email from a Toyota executive in Japan to another Toyota PR executive that said, "We should not mention" the accelerator pedal failures because "we have not clarified the real cause" and mechanical failures "might raise another uneasiness of customers." The document was one of 70,000 pages of documents collected by the National Highway Traffic Safety Administration (NHTSA) has collected as part of its investigation.

About two weeks later, Miller retired from the company. A Toyota spokesman said his resignation had been long planned and was not related to communications regarding disclosure of the gas pedal defect.

Following the recall covering 2.3 million vehicles on January 21st, Toyota took the unprecedented step of shutting down North American factories and suspending car sales while it worked on a fix for the accelerator pedal problem.

The NHTSA believes the way Toyota handled the whole matter was in violaion of U.S. law. As we mentioned earlier this week, under federal law, automakers have five days to report a safety defect to the U.S. government once it has been discovered. Toyota has been slapped with a $16.4 million fine for failing to report the defect to the government.

The Toyota lawsuit attorneys at Estey Bomberger are closely monitoring developments with Toyota and the US government. If you have been injured in an accident caused by sudden unintended acceleration in a defective Toyota, contact us for more information and to discuss your legal rights with an attorney.

Continue reading "Toyota PR Exec Warned Automaker to "Come Clean" About Sticking Accelerator Pedals in January " »

CNN reported yesterday that Toyota Motor Corp has two weeks (until April 19, 2010) to decide whether it will accept or contest the $16.4 million dollar five levied by the National Highway Traffic Safety Administration (NHTSA) for failing to promptly notify the government about the problem with accelerator pedals. In a statement released in response to news of the fine, Toyota said "We have not yet received their letter, we understand that NHTSA has taken a position on this recall. We have already taken a number of important steps to improve our communications with regulators and customers on safety-related matters as part of our strengthened overall commitment to quality assurance. These include the appointment of a new Chief Quality Officer for North America and a greater role for the region in making safety-related decisions."

Under federal regulations, auto manufacturers are required to inform the NHTSA within five days of determining that a safety defect exists in one of its products. Ray LaHood, the United States Secretary of Transportation said in a statement, "We now have proof that Toyota failed to live up to its legal obligations. Worse yet, they knowingly hid a dangerous defect for months from U.S. officials and did not take action to protect millions of drivers and their families." LaHood claims that Toyota knew of the defect with the pedals since September 29, 2009 (when it issued repair procedures in 31 European countries and in Canada), but did not recall the vehicles in the US until late January, 2010.

Continue reading "Toyota Hit with $16.4 Million Fine by NHTSA " »

As the number of Zicam lawsuits continue to rise, Matrixx Initiatives, the maker of Zicam, has introduced a new line of Zicam products - Cold Remedy Plus. The Cold Remedy Plus products, cherry-flavored Zavors and cherry-flavored Liqui-Loz, are a multi-ingredient formulation marketed to reduce the duration of the common cold and relieve symptoms of people with the common cold. Two mint flavors, available in a rapid melt and an oral mist, will launch this fall. Matrixx Initiatives will be spending $23 million to advertise the products across print, radio and television media formats.

FDA Warning Regarding Zicam

On June 15, 2009, after identifying at least 120 reports of people losing their sense of smell, the FDA issued a warning letter recommending consumers immediately stop using certain Zicam Cold Remedy products, including Zicam Cold Remedy Nasal Gel, Zicam Cold Remedy Nasal Swabs and Zicam Cold Remedy Swabs Kids Size. Very shortly thereafter, Matrixx Initiatives issued a recall of the Cold Remedy products. Matrixx has reportedly received more than 800 reports of loss of smell from consumers.

Zicam Injury Lawsuits

Matrixx Initiatives has twice requested the FDA retract their warning, but the FDA has twice refused. Zicam's manufacturer is now facing lawsuits alleging that they knew their Zicam products were dangerous but continued to advertise and sell them anyway. Zicam is also facing litigation from Matrixx investors alleging the over-the-counter healthcare manufacturer hid the complaints of smell loss from investors. The Securities and Exchange Commission is also investigating Matrixx Initiatives.

Continue reading "Zicam Introduces New Zicam Cold Remedy Plus Line " »

This week, the president of Toyota Motor Corp and other top Toyota executives will testify before U.S. lawmakers about quality and safety lapses of the world's largest automaker. Now, a newly surfaced document presented to Toyota officials last July says that the company saved millions of dollars by avoiding defect investigations, delaying safety regulations, and negotiating a limited recall of floor mats with the United States government.

In the internal presentation made last July at Toyota's Washington office, Toyota says it was able to save "$100 million or more" by negotiating an equipment recall of floor mats in September 2007 for 55,000 Toyota Camry and Lexus ES350 vehicles. Examples of other "savings" including phasing in new safety regulations for side airbags, which saved $124 million. Delaying a regulation for better door locks saved the company $11 million. Toyota also boasted that it "avoided investigation" on rusting Tacoma pickups.

Toyota issued a statement responding to the newly surfaced document, saying ""Our first priority is the safety of our customers and to conclude otherwise on the basis of one internal presentation is wrong. Our values have always been to put the customer first and ensure the highest levels of safety and quality."

Critics believe the documents, which have been turned over to the House Oversight and Government Reform Committee, could raise eyebrows in Congress and raise the question whether Toyota put profits above customer safety by reducing the number of recalls.

Continue reading "Old Documents Boasting $100 Million Saved on Recall Present New Challenges for Toyota " »

In the past three weeks, the National Highway Traffic Safety Administration has received thirteen more reports of deaths allegedly caused by sudden acceleration in Toyota and Lexus vehicles. This brings the total number of alleged deaths due to problems with sticking gas pedals and stuck floor mats to 34.

The trend of a surge in complaints following a recall is typical and so far, only five of the deaths have been verified so far by the government. Although consumer safety groups have suggested potential electrical problems, Toyota maintains there is no evidence of problems with Toyota's electronic throttle system. So far, Toyota has repaired about 500,000 of the approximately 2.3 million vehicles recalled due to a sticking gas pedal.

Dozens of lawsuits have already been filed against Toyota Motor Corp. If you have been seriously injured in an accident involving a recalled Toyota, contact the Toyota recall attorneys at Estey & Bomberger at (800)724-3817 for a free consultation and more information about your legal rights.

Continue reading "Alleged Toyota Deaths Now at 34, Government Says " »

A 38-year-old Fresno man was killed in an off-road vehicle crash Friday in eastern San Luis Obispo County, the California Highway Patrol reported. The accident occurred about 4:50 p.m. Friday on a dirt service road about 1.6 miles west of Soda Lake Road, and 6.9 miles north of Highway 166, in the Carrizo Plain National Monument.

On Tuesday authorities identified the victim as Matthew Drake, 38, of Fresno. Drake had been riding a 1996 dual sport motorcycle with three other people when for unknown reasons, he did not stop the motorcycle before hitting the edge of the ravine. Drake was wearing a helmet but still sustained fatal injuries when he was thrown from his bike. The CHP is investigating the cause of the crash.

Please keep Matthew Drake's family in your prayers. Our sympathy goes out to everyone who knew and loved him.

Based upon the reports of the accident in the Fresno Bee and the Taft Midway Driller, the cause of the accident is not clear. Why was Drake not able to stop his motorcycle? While this off-road motorcycle accident remains under investigation, the family of Matthew Drake may benefit from a consultation with a Fresno wrongful death attorney. An attorney can determine if the motorcycle was possibly defective and contributed to the accident. Honda has issued dozens of recalls over the years for problems and safety issues in their motorcycles. If a malfunction of the motorcycle caused or contributed to the fatal accident, the family may consider filing a wrongful death claim against Honda for their loss.

Continue reading "Fresno Man Killed in Off-Road Vehicle Accident in San Luis Obispo County" »

In an unexpected statement before a House Appropriations subcommittee on transportation, this morning U.S Transportation Secretary Ray LaHood told owners of recalled Toyotas that his advice is to "Stop driving it. Take it to a Toyota dealer because they believe they have a fix for it." LaHood emphasized that Toyota owners should "exercise caution until repairs can be made."

Earlier this week, LaHood stated that officials at the government safety agency had to "wake up" Toyota officials at offices in Japan to get them to take action. According to an article today in the Boston Herald, LaHood said the government is considering civil penalties for Toyota.

Toyota stock fell 16 percent last month. Sales are temporarily halted of eight Toyota models while the sticking accelerator problem is being fixed.

If you have been injured in an accident involving a recalled Toyota, contact the Toyota stuck accelerator recall attorneys at Estey & Bomberger, LLP for more information about your legal rights. You may be entitled to compensation from Toyota. All consultations are free. To speak to an attorney about your potential case, call Estey & Bomberger at (800)724-3817.

Continue reading "Transportation Secretary To Owners of Recalled Toyotas: "Stop Driving It"" »

The recent announcements from Toyota that the company will temporarily stop producing and selling eight popular Toyota models has worried not just Toyota owners and potential Toyota owners, but also the nation's rental car companies. Toyota says a lever that makes up part of the accelerator can potentially stick, causing the car to accelerate out-of-control and crash. As reports of more accidents continue to make headlines, many rental car companies have announced that until a solution is found, they won't be renting Toyotas affected by the recall.

Although Toyota cars represent only a small portion of most American rental company fleets, the companies aren't taking any chances. Avis, Budget, Enterprise, Hertz, National and Alamo are going to stop renting Toyotas while country's largest automaker continues to investigate the accelerator pedal entrapment issue. According to Travel Pulse, a travel news website, Avis Budget is removing approximately 20,000 cars from its fleet, and Enterprise Rent-A-Car, which also owns and operates Alamo Rent A Car, and National Car Rental, will not be renting any affected Toyotas in their fleet. The affected Toyotas owned by Enterprise-Rent-A-Car consist of only about 4% of the company's overall fleet.

Continue reading "Rental Car Agencies Withdrawing Toyota Vehicles Affected By Stuck Accelerator Pedal Recall " »