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Toyota settles first wrongful death suit related to unintended acceleration

Toyota's sales seem to have rebounded from the unintended acceleration issues from 2009 and 2010, but the automaker is far from done dealing with this situation. Following a settlement worth up to $1.4 billion for economic loss to affected vehicle owners, Toyota has settled rather than going to trial in a wrongful death lawsuit stemming from an accident in Utah in 2010 that left two passengers dead. This isn't the first case in which Toyota has settled, but it was the first among a consolidated group of cases being held in Santa Ana, CA.
According to The Detroit News, this case was scheduled to take place next month, and it was for a November 2010 incident in which Paul Van Alfen and Charlene James Lloyd were killed in a Camry when, based on findings by the Utah Highway Patrol, the accelerator got stuck causing the car to speed out of control and hit a wall; the terms of the settlement were not announced.
The article says that while Toyota will settle on some cases, it doesn't plan on settling on all of them as it still wants to be able to "defend [its] product at trial." This will probably be the case in suits claiming that software for the drive-by-wire accelerator was the cause of an accident in a Toyota or Lexus vehicle. The question of whether or not the electronic accelerator played any role in this problem has been a hot-button topic since the beginning. Toyota has issued recalls in the past to attempt to prevent unintended acceleration caused by trapped floor mats and faulty accelerator pedals, but it also says driver error was to blame in some instances.

Legal approach in $1.2 billion Toyota settlement could impact handling of GM recall cases

In the past, if an automaker did something wrong, they were usually prosecuted by the US government through something called the TREAD Act. Short for Transportation Recall Enhancement, Accountability and Documentation Act, it basically requires automakers to report recalls in other countries, along with any and all serious injuries or deaths, to the National Highway Traffic Safety Administration.
Failing to report or attempting to conceal anything when there's been a death or serious injury constitutes a criminal liability. The idea is that this setup puts the onus on manufacturers to keep NHTSA apprised of safety related issues before they become a problem in the US, thereby allowing the regulator to better protect consumers.
In theory, it sounds like a relatively airtight set of rules for dealing with misbehaving automakers. That didn't stop the US Department of Justice from ignoring TREAD in its prosecution of Toyota's handling of the unintended acceleration recall, though. The result of this new approach, which charged Toyota with wire fraud, was a $1.2 billion settlement. Now, the wire-fraud approach could be used for the expected case between the US government and General Motors, based on the statements of Attorney General Eric Holder, who specifically mentioned "similarly situated companies" when discussing Toyota.

EPA says automakers ahead of schedule for 54.5 MPG by 2025

Remember, the target is 54.5 miles per gallon by 2025. Today, the CAFE level is a little over 30. How we get from here to there is something the US Environmental Protection Agency (EPA) is monitoring closely. Thus, the EPA just released an annual flash report on how the auto industry is progressing towards meeting the nation's fuel economy goals. Overall, the industry is doing almost 10 grams per mile (equivalent) better than the rules require. The good news is that the industry is a bit ahead of schedule. In the report (see page iii), the EPA breaks things down by automaker based only on MY12 numbers. Tesla is at the top of the list (which is ranked by over-compliance with 2012MY CO2 standards), but for our money, the real leader is Toyota. The Japanese automaker built the second-highest number of vehicles (2,020,248, after General Motors' 2,364,374) but racked up the most net 2012 over-compliance credits (13,163,009 metric tons). That's an average of over 6.5 metric tons per vehicle. The next closest is Honda, with just over five metric tons of credits per vehicle. Given the MPG fiasco with Hyundai and Kia, the EPA says, "we are excluding Hyundai and Kia data because of the ongoing investigation into their testing methods," but overall, the rest of the industry has credits worth 25,053,168 metric tons of CO2, which means it's doing almost 10 grams per mile (equivalent) better than the rules require. Go team. For now, the numbers in this report (and there are a lot more of them – get the 59-page PDF for yourself here), can't really be used to understand everything from the first year of the new CAFE program. The EPA writes, "Because the program allows credits and deficits to be carried into future years, at the close of the 2012 model year no manufacturer is considered to be out of compliance with the program. ... Compliance with the 2012 model year standards can't be fully assessed until the end of the 2015 model year." There are a more interesting tidbits in the report, such as the fact that Fisker produced 1,415 model year 2012 vehicles, Tesla made 2,952. Remember, too, that CAFE numbers don't equal the fuel economy you see in your daily drives. In the real world, the 54.5 CAFE level will be about 40 mpg, and the average fuel economy today is around 25 mpg, so we have a ways to go, no matter how you measure it. EPA Report: Data Show Automakers on Track in meeting Greenhouse Gas Standards WASHINGTON – Today, the U.S.