Government Investigation Fails to Find Electronic’s Flaw in Toyota Recalls

No Electric Flaws for Toyota

The government investigation into Toyota’s recent recalls failed to find a causal connection between Toyota’s electronic controls and the unintended acceleration problems reported. The investigation revealed that prior issues, including stuck gas pedals and defective floor mats were the likely cause of the complaints. Click the link to read the entire article, including government recommendations to reduce the likelihood of future accidents.

Hands-Free Pairing of iPhone 4 with GM Cars for Safer Driving

Hands-free for Safer Driving

One of the most pressing public safety issues today is the danger of talking on a cell phone while driving.  Fortunately, many car manufacturers are aware of this issue and now offer bluetooth hands-free calling on their newer model cars or trucks.  This feature allows you to make calls at the press of a button through your car’s radio or stereo system.  Making calls this way keeps your eyes on the road and your hands on the wheel.  While it doesn’t prevent all accidents, it can reduce them.

I have previously paired my iPhone 3gs with my 2010 Chevrolet Malibu to allow for hands-free calling.  I simply turned on the bluetooth function on my iPhone and then pressed the hands-free calling button.  The hands-free system recognized my iPhone and gave me a code to enter on my iPhone, which I did.  It was a relatively painless process.

However, my 3gs recently broke a speaker and since I was eligible for an upgrade, I went ahead and purchased an iPhone 4.  I didn’t think anything about it until I got in the car and realized that my iPhone 4 wasn’t paired with my hands-free system.  I tried to go through the same steps I did to pair my 3gs, but my GM system couldn’t or wouldn’t recognize my new phone.  After some effort I was finally able to pair my new iPhone 4 with my GM bluetooth hands-free calling system.  Here are some important points and steps to take to pair your new iPhone 4 with your GM bluetooth hands-free calling system.

First, understand that you should restore your new iPhone 4 on iTunes before pairing it, otherwise, after you restore your information on iTunes, your GM vehicle will think its a new phone and you’ll have to pair it all over again.  Another unfortunate mistake I made.

Second, the pairing process will not work while your driving, so don’t try to to pair your new iPhone unless your parked.

Third, you must delete your old phone or request to add another phone to your system.  Since my old phone didn’t work anymore, I simply deleted it.  But if your wife uses your car, or vice versa, you might need to add the phone as a secondary and not delete the first phone.  I did not have to do this so it may require different steps, so check your manual, if this doesn’t work.

I took the following steps to delete my old phone and pair my new iPhone 4 with my 2010 Chevrolet Malibu.

1.  Press your handsfree calling button.  When the system says “ready”, say “bluetooth”.  At the next prompt say “delete.”

2.  The system will ask you which phone you wish to delete.  Mine was “Ed’s iPhone”.  I told it to delete that phone.  It confirmed the delete and then deleted the phone from the system.

3.  The system will next prompt back to “ready”.  Next say “bluetooth”.

4.  The system will then ask for the next prompt.  Say “pair”.  The system will now search for any bluetooth enabled devices.  Make sure your device is enabled.  You should see your new iPhone recognize “General Motors” and attempt a connection.

5.  At the same time the GM system will give you a four digit code.  On the iPhone, you’ll see a box asking for the code.  Put in the four digit code and the iPhone should show as “connected”.

6.  Once connected the system will ask you to name your new device.  I renamed mine “Ed’s iPhone” just like before, but you can give your phone any name you like.  The system should confirm your choice.

7.  Once your new device name is confirmed, exit your hands-free calling system and your phone will now be paired each time you enter your car.  This will allow you to make and receive calls through your hands-free calling system for safer driving.

Understand that any stored information tags, including names and numbers, will not be deleted by removing your old phone from its “pair” with the hands-free calling system.  My contacts and phone numbers were still stored, and I’ve since used my iPhone 4 just like my old 3gs.

These instructions allowed me to pair my new iPhone 4 with my 2010 Chevy Malibu.  Please review your particular vehicle’s manual to determine if your GM vehicle supports hands-free calling and the new iPhone 4 before attempting to pair.  If you GM vehicle supported 3gs, it should support the newer iPhone version.

I have done my best to recount the steps I took to pair my new iPhone 4 with my GM car.  The specific words used and the particular steps taken may vary depending on your GM make and model.  This is merely meant to be a guide, and if you’re unsuccessful in pairing your iPhone 4 with your GM vehicle, make sure to check your manual or contact your local GM dealer if you think there may be a problem.  GM also has a website that shows compatible phones for its system at www.gm.com/handsfree.

If your vehicle does not have a hands-free system, you might think about getting a bluetooth headset or other stand alone bluetooth hands-free system.  This will allow you to make calls while keeping your eyes and hands on the important task of driving.  Remember, the safest way to drive is to avoid all distractions, including using your cell phone, whether you have a hands-free system or not.

Winter Weather Avisory In Effect

The National Weather Service has issued a Winter Weather Advisory until 1:00 p.m. Snow will begin to taper off, but will leave accumulations causing slick and hazardous roadways. Periods of limited visibility may also occur. A Winter Weather Advisory mean periods of snow will primarily cause travel difficulties including snow-covered roads and limited visibility. Please use caution while driving.

Insurance Company Car Accident Releases. Please Release Me. Let Me Go.

Car Insurance Car Accident Releases

Been in a car accident, truck accident, or motorcycle accident?  Thinking of settling you bodily injury claim with the insurance company without hiring a lawyer?  If so, you need to be aware that before you can settle, the insurance company will require you to execute a Release.  But, what is a Release?  What legal effect does it have on your claim?

A Release does exactly what it says.  It releases the other driver from any further legal liability to you for your bodily injuries.  This gives the other driver a written agreement that you will not pursue him for any damages associated with the wreck.  Should you find out later that you were more hurt than you thought or that your claim was worth more money than you accepted, the Release will act to bar any future claim.

As you can imagine, insurance companies will draft the Release.  As you can also imagine, the Release will be written in a manner that provides the insurance company, and its driver,  with the maximum protection against any claims by you.  The Release will not be written with your rights or obligations in mind, and may be written more broadly than even necessary.

The Release is not a mere formality, but a restriction on your rights to pursue a legal claim against the driver who hurt you.  You should treat it as you would any serious obligation.  You should read the document and understand its implications and restrictions.  You may also think about paying an attorney to review the document and insure it doesn’t seek more restrictions than are usual or necessary to accomplish its goal.

Only under very unusual circumstances will a Release be declared invalid.  Once it is signed and delivered, it is binding.  While a Release may be necessary to resolve any potential legal claim arising from a car, truck, or motorcycle accident, that doesn’t mean you should sign away your legal rights until you are fully aware of what it is your signing.

Always, Always Wear Your Seatbelt

Seatbelts Save Lives!

WHAS 11 recently reported on a fatal traffic accident in the Louisville area, suffered after a driver struck a tree.  The woman driver was not wearing a seatbelt and was pronounced dead at the scene.  Police were investigating whether or not speed and alcohol played a part.  You can read the article and watch the report, here.

Although the woman was driving an older model Volvo without airbags, there is nothing to suggest that the accident would have been fatal had she been wearing her seatbelt.  According to the National Highway Transportation Safety Administration (NHTSA), lap-shoulder belt systems reduce the risk of fatality and serious injury by 50 percent when used by drivers and front-seat passengers.

What happens when you are involved in a car or truck accident and you are not wearing a seatbelt?  Not only are you at a higher risk of serious injury and death, but you may be found entirely or partially at fault for your injuries.  In Kentucky, this finding of fault on your behalf may eliminate or reduce the compensation you get from the driver, who caused the accident injuring you in the first place.  For instance, if your failure to wear a seatbelt is determined to have increased your injuries by 50%, then your recovery will be reduced by 50% as well.

Despite their perceived inconvenience, the time it takes to put on a seatbelt far outweighs the cost in injury and death occurring without them.  While wearing a seatbelt doesn’t guarantee that you won’t suffer serious injury or death in an accident, it clearly reduces the chance that occurs.  For your sake and the sake of your loved ones, always, always wear your seatbelt.

If you were involved in an accident that wasn’t your fault and you weren’t wearing a seatbelt you may need the services of a qualified Kentucky accident attorney.  He can evaluate the significance of such a failure on your claim and advise you of the options you might have.  Do not take the insurance company’s word that because you weren’t wearing a seatbelt you aren’t entitled to any recovery.

Toyota Casts Doubt on Runaway Prius Claim

2008 Toyota Prius

Toyota Motor Company dismissed the story of a Prius owner who previously reported that his car sped out of control on the California freeway.  I previously posted about the driver’s claim that his Prius sped out of control when he tried to pass another vehicle on the freeway.  He drove for about 30 miles before a CHP officer was able to assist him in stopping the vehicle.

Toyota claims that a review of the car, including the onboard computer, failed to identify a malfunction.  They also claim that the information gathered would appear to contradict the owner’s claims of how the accident happened. Toyota has maintained throughout that electronics are not to blame for sudden acceleration claims by Toyota owners.

You can read the entire article here.

Veil of Secrecy Surrounds Toyota Black Boxes

More Trouble for Toyota

The AP reported on Toyota’s efforts to block access to black box information that could explain crashes blamed on sudden unintended acceleration.  The AP investigation found that Toyota was inconsistent and even contradictory in revealing what the black boxes record.  According to the report; “Toyota’s “black box” information is emerging as a critical legal issue amid the recall of 8 million vehicles by the world’s largest automaker. The National Highway Transportation Safety Administration said this week that 52 people have died in crashes linked to accelerator problems, triggering an avalanche of lawsuits.”

You can read the entire article recapping the AP’s investigation here.

I previously posted on Toyota’s problems back in mid-February.  At that time, I posted that more information was likely to come to light before Toyota’s problems faded from public view.  Looks like I was correct.  Toyota’s public image has certainly taken a hit.  Not only should we question Toyota’s reputation as an automaker who makes better more dependable cars, but perhaps more importantly, its reputation as an automaker that makes safer ones as well.

I’ll make another prediction.  Before this issue is over, embarrassing evidence will come to light showing that Toyota has known about the problem of sudden acceleration for years, but that it has tried to hide the problem from regulator’s and customers for some time.  Stop back by for results on my prediction in the weeks to come.

Courier Journal Article Highlights Winters & Yonker Case

Kentucky Lawyers Defendants in Lawsuit

The Courier Journal has written an article on the lawsuit recently filed by a former client against Winters & Yonker.  The article looks in depth at the claim made by Sharon Langford.  The article focuses on the relationship between the law firm and the medical providers who treated Ms. Langford and the potential conflicts of interest that arise.  You can read the entire article here.

Lawmaker Alleges Toyota Withheld Evidence in Lawsuits

More Trouble for Toyota

Things have not been going well for Toyota and it looks like things just got much worse.  The AP has reported that House oversight committee chairman Edolphus Townes accused Toyota of “deliberately withholding key vehicle design and testing evidence in lawsuits filed by Toyota drivers injured in crashes.”  Towns wrote that Toyota chose to enter hefty settlements with plaintiffs to avoid disclosing the database, which the lawmaker said was referred to as the “Books of Knowledge.”

Toyota said in a statement that it is confident it acted appropriately in product liability lawsuits and it looks forward to addressing Towns’ concerns. The automaker said it is not uncommon for companies to object to demands for documents made in lawsuits. “Consistent with that philosophy, we take appropriate steps to maintain the confidentiality of competitive business information and trade secrets,” the statement said.

You can read the entire article here.

If true, the article discloses another example of corporate business choosing profits over people.  These allegations along with those by the NHTSB that Toyota did not disclose problems to regulators continues to create a portrait of a company that hid significant safety problems with its vehicles at the expense of gaining market share and becoming the number 1 automaker in the world.  Toyota’s path to number 1 is littered with the bodies of people who bought their cars.  Next time you hear someone talk about frivolous lawsuits and tort reform, you might want to mention Toyota.

I am glad these Plaintiff’s received hefty settlements, unfortunately, their silence contributed to Toyota’s ability to hide problems for a much longer time, presumably at the expense of other people injured or killed by their products.  I wouldn’t be surprised if more information comes to light showing that Toyota knew about the unintended acceleration problems with its vehicles but didn’t take any comprehensive action to warn its customers about it.  I do know that you can disclose information in lawsuits in a manner which protects the “confidentiality of competitive business information and trade secrets.”  Toyota’s decision to settle those cases instead of disclosing that information, speaks for itself.

According to the Federal Government 34 “Deaths” Alleged in Toyotas Since 2000

Toyota's Acceleration Problems Lead to Deaths

The Lexington Herald’s Kentucky.com reported on consumer data gathered by the federal government revealing 34 deaths linked to sudden acceleration in Toyotas since 2000.  Complaints related to acceleration in vehicles have surged in since Toyota’s recalls were announced.  According to the article:

The new complaints reflect the heightened awareness of the massive recalls among the public and underscore a flurry of lawsuits on behalf of drivers alleging deaths and injuries in Toyota crashes. Three congressional hearings are planned on the Toyota recalls.

In the past three weeks, consumers have told the government about nine crashes involving 13 alleged deaths between 2005 and 2010 due to accelerator problems, according to a NHTSA database. The latest reports are in addition to previous complaints from consumers that alleged 21 deaths from 2000 to the end of last year.

According to Toyota spokeswoman Martha Voss the company takes, “all customer reports seriously and will, of course, look into new claims.” According to Voss, Toyota was taking steps to improve quality control and investigate customer complaints more aggressively.

You can read the entire article here.

The data by the federal government suggests that Toyota knew or should have known of acceleration problems as far back as 2000, yet waited until recently to issue a massive recall of vehicles.  This has led the federal government to question Toyota’s commitment to safety and has shed light on its secretive corporate culture that encourages quiet design changes each model year over embarrassing public recalls.  While this corporate climate may have allowed Toyota to gain market share over the past decade, it has turned into a public relations nightmare with no sign of letting up any time soon.  More embarrassing information is likely to come to light before this issue fades.  Whether it will have a long term impact on Toyota’s reputation is yet to be seen.