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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.

Scion rules out roadster, turbo versions of FR-S

Ever since Toyota and Subaru released the sports car alternatively known as the GT86, 86, BRZ and Scion FR-S a couple of years ago, rumors have circulated that even more exciting variants could be in store. But at least as far as Scion is concerned, those rumors are apparently nothing more than wishful thinking. Speaking with WardsAuto at the LA Auto Show last week, Scion chief Doug Murtha said that the prospect of an FR-S roadster has been taken off the table entirely. Apparently Scion lobbied parent company Toyota to produce just such a model, but after failing to find other markets interested enough in the model to put it into production, corporate HQ said no. "I think we were pretty aggressive on our (submitted plan), but we looked at what we would have conceivably lost on the product and said, 'We're not going to even push it further,'" Murtha said, going on to note, "Nobody was more disappointed than we were." Murtha further shot down the idea of a turbo version of the FR-S, dismissing it as a prospect the blogosphere (that's us) wanted to happen but "that's not something that's coming." Either variant might have helped Scion and Toyota boost sales of the model (which are predictably dropping after their first two years on the market), but the investment also might not have paid off their development, tooling and marketing costs. Of course, Murtha can only speak for Toyota, but we'd be surprised to see Subaru go it alone on either model, as costs would be that much more prohibitive without a partner. Bummer.

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.