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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.

Toyota responds to video of Highlander ramming house [w/video]

There are, as they say, two sides to every story, so after we posted a video on Monday showing what an owner claimed to be a case of unintended acceleration causing her Toyota Highlander to crash into a house twice, Toyota reached out to us revealing some additional information about the incident.
Following this crash, which took place back in November, Toyota had this Highlander inspected and pulled data from its Event Data Recorder (EDR), or Black Box as we've come to call it. Not only was this the first time we've seen a claim of unintended acceleration like this caught on video, but now, also a first, we have actual data showing what the vehicle itself recorded during this frightening ordeal.
Brian Lyons, Toyota Communications Manager for Safety and Quality, first gave us some information about the Highlander in question, including the fact that it was a 2012 model. The 2012 Highlander came from the factory with a brake override system, meaning it was not part of the company's initiative in 2010 to add the system to all 2011 models. Also, after looking at the data from the EDR, he said - as many of you pointed out in the comments for the previous post - that the "brake pedal was never touched." In the video, you can see that the crossover's brake lights never come on, and the EDR's data backs this up.

First Toyota unintended acceleration case headed for trial

Toyota is going to be back in the spotlight, as the first of its unintended acceleration lawsuits is headed for trial. This case covers a Los Angeles sushi shop owner, Noriko Uno. According to the what the family told The Detroit News, Uno only put about 10,000 miles on her 2006 Toyota Camry in four years. Uno was apparently afraid of high speeds, avoiding the freeway and taking a route home along LA's surface streets to avoid them.
On August 28, 2009, Uno's Camry suddenly accelerated to 100 miles per hour, eventually striking a telephone poll and a tree and killing her. The family contends that Uno attempted to step on the brakes and pull the emergency brake, neither of which brought her speed under control, while Toyota maintains that improperly installed floormats and driver error have been behind the majority of the 80 cases expected to be heard in court.
In Uno's case, The Detroit News is expecting the trial to focus on the lack of an override if the gas and brake pedals were pressed at the same time. Brake overrides were installed on Toyota's European fleet. The Uno family attorney will need to prove to the jury that it wasn't driver error that killed Noriko Uno.