Toyota Facing Defective Brakes Lawsuit
A class-action lawsuit was filed on behalf of Toyota owners who claim a brake defect is affecting thousands of Avalon, Camry, and Prius models. The defect is present on Prius cars built from 2010 to 2015 and Prius PHV models 2012 to 2015. It also impacts Camry Hybrids built from 2013 to 2015 and Avalon Hybrids built from 2013 to 2015.
The plaintiffs contend that a latent defect in the braking system causes the brakes to fail intermittently exposing both the driver and other vehicles, pedestrians, and cyclists on the road to accident, injury, and fatality. The defect manifests itself when traversing bumpy or slick surfaces like potholes, ice or other road debris. The lawsuit states that the NHTSA has documented several instances of the brakes failing on unusual road conditions.
Toyota “Refuses to Act”
When you hear about a class-action lawsuit such as this, they usually started simply because the automaker refused to admit that there was a problem with the car, told the driver that the problem was related to their driving, and otherwise refused to fix the issue free of cost as stated in the warranty. Meanwhile, this defect can be potentially fatal if the brakes were to cut out while the car was in motion or driving on a highway. While it’s apparent that there have been some accidents and injuries caused by this defect, there have yet to be any reported fatalities. The class-action lawsuit will shine a light on the mechanical problem and Toyota’s response to it and hopefully result in a recall of the impacted vehicles. This will prevent future lawsuits for Toyota and future fatalities on the road.
However, major automakers have a tendency to not want to admit that their vehicles have a serious defect. Why not? Well, then they can be held liable for the failure of that auto part and the plaintiffs would have something that they could use as an admission of guilt against them. However, if Toyota doesn’t issue a recall, then they leave themselves open to more personal injury lawsuits and potentially some wrongful death lawsuits as well.
How do automakers choose whether or not to issue a recall? Well, they wait until there is enough evidence against them that the defects were related to some kind of design flaw or they are forced to issue the recall as a condition of their settlement or they are forced to issue the recall by the NHTSA or some other consumer watchdog.
However, the majority of these class-action lawsuits always start when some customer who assumed that they were buying a functioning car takes the vehicle back to the dealership and tells them about their experiences. The dealership then lays the blame at the customer’s feet and the customer is offered no other alternative other than to file a lawsuit.
Talk to a Defective Auto Parts Attorney Today
If a mechanical failure in your vehicle contributed to an accident, you may be able to recover damages related to your medical expenses, lost wages, and pain and suffering. Call the Coral Gables tire defect attorneys Halpern, Santos & Pinkert today to schedule a free consultation.