Stockton Injury Lawyer Blog

Toyota Motor Corporation announced today that it will recall nearly 1.1 million Corolla and Matrix models to fix defective engine control modules. This is the latest in a string of recalls affecting Toyota. Many times, defective auto parts cause or contribute to serious car accidents.

The current recall seeks to correct a defect that could create cracks in the circuit board. In some instances the crack may cause the transmission to shift harshly, the engine may fail to start, and the engine may stop completely while the vehicle is being driven. Three accidents have been linked to the defect. The National Highway Traffic Safety Administration ("NHTSA") has stepped up its investigation of the issue.

GM also issued a recall this week based on second row seat belt buckle problems that may make people accidentally believe they are buckled.

Hopefully these recalls were issued before any serious accident occurred. Often safety measures are implemented too late - after individuals are seriously injured by defects that could have been corrected.

Continue reading "Toyota Recalls 1.1 Million Cars To Prevent Serious Accidents" »

This past weekend, an off-road racecar became airborne and crashed into a large group of spectators watching the California 200 near Lucerne Valley. Six people died at the scene and two more later that evening. Several more were injured.

When accidents happen at sporting events questions arise regarding liability. Many spectators assume they are safe at sporting and special events - whether baseball games, concerts, or car races. However, this is not always the case. Further, when accidents do happen, the party ultimately responsible for any injury depends on a variety of factors.

One of the first issues to determine is who owns the property? Here, the property was owned by the Federal government and controlled by the Bureau of Land Management. In some circumstances, owners of land may be held liable for dangerous events that occur on their property.

Further, was a third party, host, or contractor involved? Here the event was promoted by Mohave Desert Racing (MDR). Did MDR do all that was necessary to warn of risks involved in the event and take necessary safety precautions?

Additionally, did the driver's or spectators' actions play a role? The contract for the event specified that the trucks are to limit their speed to no more than 15 mph when spectators are near by. Witnesses report that the truck was going faster than this speed when it left the raceway and that the spectators were crowding the field.

Although the specific facts and circumstances surrounding this tragic case are unknown, the event has raised many questions regarding the safety of off-road races.

Continue reading "Tragic California 200 Crash Near Lucerne Valley Kills Eight" »

Four people injured received treatment for injuries ranging from major to minor after being injured in a car accident in Concow, some 80 miles north of Sacramento. However, the road to obtaining medical attention involved a circuitous sequence of events.

After a single car accident occurred in Concow - including one person being thrown from the car - the four accident victims decided to find their own transportation to the hospital.

A passerby stopped to help, but got a flat tire on the way to the hospital. Cal-Fire and Paramedics were then sent out to bring the four individuals to the hospital, but the California Highway Patrol was not there. After much confusion and delay, the car accident victims were then sent to two different hospitals and were treated.

As stated by a Butte County spokesperson, the message here is "Please call 9-1-1."

Familiarizing yourself regarding what to do after a car accident is crucial. First, ensure you are all right and anyone who needs medical assistance receives it at once. This means calling 9-1-1 and seeking medical attention immediately.

Accident victims have the best chance for a good outcome if they are treated within an hour. People in accidents in remote areas can often receive medical aid fastest from paramedics and airflight teams.
After securing any necessary medical attention, you can then turn to information gathering about the conditions surrounding the accident.

Continue reading "Victims Of Concow Car Accident Delay Calling 9-1-1" »

According to the Los Angeles Times, new documents have been filed in the Toyota sudden acceleration investigation showing Toyota Motor Corp. knew of accelerator defects as early as 2003. In fact, in at least one instance a Toyota technician experienced the sudden acceleration first hand - as the rpms increased from 1,500 to 5,500 and the technician was unable to stop the car by applying the breaks.

The new documents allege that Toyota was aware of the defects that caused the sudden acceleration but failed to either acknowledge or correct the problem until last fall when Congress and regulators forced them to address the defects.

Although the exact details and circumstances surrounding the Toyota accelerator defect case have yet to emerge, many issues raised in this case are similar to those in other products liability/dangerous defect matters, i.e. are manufacturers balancing the cost of fixing a problem with the cost of potential lawsuits? Are profits being placed ahead of safety?

Products liability lawsuits can be brought in almost any situation where a defective product injures a consumer - not only car accidents, but also defective sports equipment, unsafe toys and unreasonably dangerous drugs.

The type of damages the injured can recover depends in part on the type of claim - whether a design defect, a manufacturing defect, or a marketing defect/warning failure caused the injury impacts the type of damages allowed.

Damage calculations are also determined by the mindset of the manufacturer or distributor - where consumers are able to show a manufacturer was motivated by greed or knowingly allowed an unsafe product to stay on the market, punitive damages may be available.

Continue reading "Documents Show Toyota Motor Corp. Was Aware Of Accelerator Defects In 2003" »