Columbia Personal Injury Lawyer

Toyota Recalls Expand--Toyota Acceleration Issues Far From Over

Pete Strom — Tue, 09 Feb 2010 09:15:50 GMT

As reported by CNN, Michael Pecht, a professor at the Maryland Clark School of Engineering and an expert in failure analysis, is concerned that electronics, not a mechanical issue with the gas pedal, is to blame in the sudden acceleration cases.

According to the report, three other independent safety analysts contacted by CNN also concluded that neither floor mats nor stuck gas pedals were to blame for the sudden acceleration problem.

According to Pecht, electronic throttle controls, which often replace mechanical accelerators, can malfunction creating a sudden acceleration problem. Pecht said that announcing an electronic throttle control problem will get Toyota in trouble because no one will want to drive the car.

While we hope that Toyota's fix for the 8.1 million affected vehicles will alleviate the problems, we can't help but wonder if Toyota's problems, including the sudden acceleration issue, are far from over.

In the midst of the Toyota controversy, Toyota has launched a brand new marketing campaign designed to regain consumer trust and confidence.

http://www.youtube.com/watch?v=XZoBfpm1zHg

Despite the new campaign, Toyota recalled an additional 400,000 cars yesterday including the Toyota Prius for problems in their anti-lock braking system.

Over 8 million vehicles have now been recalled by Toyota worldwide. Recalled vehicles include:

5.8 million vehicles recalled worldwide for an issue in which accelerator pedals could become stuck in floor mats;
4.5 million vehicles worldwide recalled for gas pedal problem that causes problems as the pedals wear which may result in the pedal sticking after the driver takes his/her foot off of the pedal. A total of 2.3 million recalled for sticky accelerators in the United States.

We will keep you updated.

Strom Law Firm is a personal injury and criminal defense law firm centrally located in Columbia, South Carolina. Our firm proudly handles personal injury, criminal defense, defective products, class actions, pharmaceutical liability, toxic torts, medical malpractice, nursing home neglect, workers compensation, social security, veteran's benefits, qui tam, predatory lending, tax investigations, business litigation, and wills and estates. Our lawyers proudly edit the Columbia, South Carolina Injury Board as well as the Strom Law Blog as a pro bono effort to provide the public valuable information. Our lawyers are licensed in: South Carolina, New York, and Georgia.

Originally posted at InjuryBoard by Pete Strom

Fairfield County Ford Expedition Accident Kills 4-Year-Old, Sends Father and Son to Hospital

Pete Strom — Mon, 08 Feb 2010 17:14:24 GMT

An accident that occurred on Cook Road in Fairfield County last night took the life of four year old Frank Anthony Brown, Junior, and sent 30-year- old Frank Brown and his two year old son to the hospital.

The South Carolina Highway Patrol says the accident happened around 10:30 p.m.

Investigators say a Ford Expedition, driven by 30-year-old Frank Brown of Ridgeway, ran off the right side of the road and struck some mailboxes.

Mr. Brown was able to move the SUV back onto the road, however it went back off of the right side of the road where the SUV struck a tree and caught fire.

Mr. Brown was carrying two passengers in the SUV, four year old, Frank Anthony Brown, Junior, and his two year old son.

Four-year-old Frank Anthony Brown, Junior was tragically killed as a result of the accident.

The two-year-old, who was ejected from the SUV, was transported to Palmetto Richland for his injuries.

Frank Brown was transported to the Augusta Burn Center for his injuries.

The South Carolina Highway Patrol is investigating the accident and will hopefully be uncover the cause of the accident.

Several factors could have contributed to this accident, including a problem with the road itself or the stability of the SUV.

Many tests conducted on Ford SUVS have revealed that the vehicles, including the Ford Expedition, have design defects that make the SUVS inherently unstable which could have made the vehicle difficult to control and could have contributed to this accident.

The road could also have been improperly designed or maintained, leading Mr. Brown to leave the road surface. When the shoulder of a road or a curve is improperly graded or when potholes are left unfilled, road conditions can play a role in the accident itself.

In any accident which may have potentially been caused by a product defect or improper road maintenance, the vehicle should be preserved until it can be examined by an expert for any evidence of malfunctions or product defects.

The Brown family is in our thoughts and prayers.

Strom Law Firm is a personal injury and criminal defense law firm centrally located in Columbia, South Carolina. Our firm proudly handles personal injury, criminal defense, defective products, class actions, pharmaceutical liability, toxic torts, medical malpractice, nursing home neglect, workers compensation, social security, veteran's benefits, qui tam, predatory lending, tax investigations, business litigation, and wills and estates. Our lawyers proudly edit the Columbia, South Carolina Injury Board as well as the Strom Law Blog as a pro bono effort to provide the public valuable information. Our lawyers are licensed in: South Carolina, New York, and Georgia.

Originally posted at InjuryBoard by Pete Strom

12 Year Old Brett Smith Located in Aiken, South Carolina

Pete Strom — Fri, 22 Jan 2010 19:56:29 GMT

According to the Augusta Chronicle, 12 year old missing Columbia boy, Brett Smith was found safe and sound today in Aiken, South Carolina, where it is believed that he was visiting with acquaintances. A spokesman for the sheriff's department says that Smith is on his way home. We are thankful for his safe return.

Originally posted at InjuryBoard by Pete Strom

Toyota Sudden Acceleration Recall Brings A Whole New Meaning to Moving Forward

Pete Strom — Fri, 22 Jan 2010 11:41:46 GMT

Toyota finally acknowledged the sudden acceleration issue yesterday recalling 2.3 million vehicles, and bringing a whole new meaning to their message, "moving forward."

The runaway Toyota recall is in addition to the 4.2 million vehicles already recalled as a result of defective floormats. While there is some overlap of vehicles between the two recalls, millions of hardworking Americans are affected.

Although Toyota officially recalled the vehicles, acknowleding the runaway Toyota problem, there are not any immediate remedies available to fix the issue. As a consumer, how does that make you feel?

According to reports, Toyota is going to trim owners' acclerator pedals to keep them from getting trapped under mats. Toyota is also working on a replacement pedal design it hopes to have ready by April 2010.

Affected owners are told to drive their vehicles in the meantime. I wonder what Toyota executives will now be driving?

Not suprisingly, Toyota's announcement came the same day as a televised report by ABC news was scheduled to air detailing stories of victims who had experienced sudden acceleration.

Sudden Unintended Acceleration has been confirmed in the following vehicles:

2009-2010 RAV4
2009-2010 Corolla
2009-2010 Matrix
2005-2010 Avalon
2007-2010 Camry
2010 Highlander
2007-2010 Tundra
2008-2010 Sequoia

Owners of recalled Toyota vehicles are advised that if they experience run away acceleration that they should not pump the brakes repeatedly because it could deplete engine vacuum assist, requiring stronger brake pedal pressure. Instead Toyota is suggesting that the vehicle can be controlled with firm and steady application of the brakes. Several other reports advise shifting the car into neutral and then applying brake pressure.

We'll keep you updated.

Strom Law Firm is a personal injury and criminal defense law firm centrally located in Columbia, South Carolina. Our firm proudly handles personal injury, criminal defense, defective products, class actions, pharmaceutical liability, toxic torts, medical malpractice, nursing home neglect, workers compensation, social security, veteran's benefits, qui tam, predatory lending, tax investigations, business litigation, and wills and estates. Our lawyers proudly edit the Columbia, South Carolina Injury Board as well as the Strom Law Blog as a pro bono effort to provide the public valuable information. Our lawyers are licensed in: South Carolina, New York, and Georgia.

Originally posted at InjuryBoard by Pete Strom

12 Year Old Brett Smith Missing from Columbia, South Carolina McDonalds

Pete Strom — Thu, 21 Jan 2010 13:31:06 GMT

12 Year Old Brett Alexander Smith has been missing since Monday January 18, 2010. Brett was last seen Monday around 1:00 PM riding his bike in the family friendly Magnolia Hall neighborhood located in North East Columbia, South Carolina.

Brett’s bike was found seven hours later at the McDonalds, located on the corner of Clemson and Hardscrable Roads, approximately a mile down the road.

While the case has received national attention including a segment on the Nancy Grace show, no Amber Alert has been issued.

In South Carolina the Amber Alert serves to aid law enforcement and broadcasting to alert the public in cases of child abduction. The South Carolina Law Enforcement Division (SLED) is the only entity that can activate the SC AMBER Alert. Alerts are typically activated upon notification of a police department or sheriff's department.

An Amber Alert will only be issued when the following criteria are met:

The law enforcement agency believes that the child has been abducted.
The child is 17 years old or younger, and the law enforcement agency believes the child is in immediate danger of serious bodily harm or death.
The individual is 18 years old or older, and is believed to be at risk for immediate danger of serious bodily harm or death due to a proven physical or mental disability.
All other possibilities for the victim's disappearance have been reasonably excluded.
There is sufficient information available to disseminate to the public that could assist in locating the victim, suspect, or vehicle used in the abduction.

How Does an Amber Alert Work?

Local law enforcement notifies SLED
SLED distributes AMBER Alerts to broadcast stations via email, fax, and the EAS system.
SLED distributes the AMBER Alert to all South Carolina law enforcement agencies
SLED distributes the AMBER Alert to SC DOT for activation of traffic advisory signs that broadcast messages on highway signs, advising citizens to call 911 if they have any information regarding the abduction.

While several state and national agencies have been notified, authorities do not believe that Brett Smith is in immediate and grave danger or that he was taken unwillingly.

According to WLTX, investigators believe that Brett left on his own and will be found unharmed.

Deputy Monique Mack with the Richland County Sheriff’s Department said, "We don't have any evidence that points to that he may be in danger, but of course we're concerned and of course time is of the essence. We have no reason to believe that he was running away for any reason, we believe that he was just trying to visit some family members."

Brett, a middle school student, was in foster care and has family members in Aiken, where authorities think that he might be headed.

Our thoughts and prayers are with the family for Brett's safe and speedy return home.

If you have seen Brett Smith or have any information, please call CRIME STOPPERS at 888-CRIME-SC.

Originally posted at InjuryBoard by Pete Strom

Sudden Acceleration Issues Plague Toyota and Lexus Owners

Pete Strom — Fri, 08 Jan 2010 16:42:09 GMT

Floor Mat Entrapment or Defective Design?

As the incidents of sudden acceleration continue to rise, many, including experts, question whether the runaway car issue occurring in Toyota and Lexus vehicles and SUVs is tied to defective floor mats, or something worse and more problematic like defective design.

After the tragic runaway Lexus accident last August that claimed the life of a California Highway Patrol Officer and three family members, the National Highway Traffic Safety Administration found that the Lexus SUV's improperly installed floor mats were to blame.

http://www.youtube.com/watch?v=PVMswGbHbWg

California Highway Patrol Officer Mark Saylor, a 19 year veteran of a well respected department, was trained in emergency response. He responded in the best manner possible to protect himself and his family. Despite his best efforts, he and three other family members were victims of senseless and preventable deaths.

As a result of the Saylor investigation, the NHTSA reported that:

it would require 150 pounds of pressure applied to the brake to override acceleration and stop the vehicle,
that there was no warning indicating that the engine start-stop button installed in this Lexus must be held for three seconds to shut off, and
neutral was hard to find on the shifter.

Evidence taken from the scene confirmed that brake pressure had been applied for a continued amount of time.

This report is extremely important in that it refutes a 2004 report issued by the NHTSA in which it concluded that it is impossible for a car to continue to accelerate when the brakes are applied.

This begs the question of whether claims of sudden acceleration filed with the NHTSA prior to its Fall 2009 admission (that applying pressure to the brakes may not override acceleration) will be re-examined.

Are Toyota and Lexus Floor mats Causing the Problem?

Despite continued reports that instances of sudden acceleration are due to faulty and/or improperly installed floor mats, claims of sudden acceleration continue to surface in instances where floor mats were not present in the car at all. This leads many to believe that the problem is actually due to an electronic engine control system malfunction.

Crashes tied to sudden acceleration in Toyota and Lexus vehicles have resulted in 19 deaths and hundreds of injuries over the last 10 years.

According to a study from Consumer Reports issued on vehicles produced in 2008, Toyota vehicles accounted for over 40% of consumer complaints regarding sudden acceleration. This percentage is disproportionate given its 16% market share for the 2008 year.

Other reports have identified nearly 2,000 sudden-acceleration issues for Toyota vehicles built since 2001. A 2007 NHTSA survey of 600 Lexus owners found that 10% complained that they had sudden acceleration issues.

These figures only account for instances in which sudden acceleration was actually reported.

Is the NHTSA Acting in our Best Interest?

Owner complaints have triggered at least 8 separate NHTSA investigations into sudden acceleration in Toyota and Lexus vehicles over the past 7 years. Many claim that the NHTSA misclassifies and/or miscategorizes consumer complaints which may disguise the real problem and leave millions of unsuspecting drivers on the road at risk. In addition, there is no indication that the NHTSA plans to re-examine sudden acceleration claims filed before the 2009 acknowledgement that applying the brakes will not stop sudden acceleration.

On November 25, 2009, the National Highway Traffic Safety Administration announced that Toyota had identified a vehicle based remedy to fix the sudden acceleration safety issue.

Approximately 3.8 million cars and trucks will be recalled. Models subject to the recall include:

2007 to 2010 Camry

2005 to 2010 Avalon

2004 to 2009 Prius

2005 to 2010 Tacoma

2007 to 2010 Lexus ES 350

2006 to 2010 Lexus IS 250

2006 to 2010 Lexus IS 350

On November 26, 2009, Toyota announced its response aimed to remedy the problem, including reconfiguring the shape of the accelerator, replacement mats and a brake override system in certain models to allow the brake to take over in the event of sudden unintended acceleration.

With regard to the Avalon, Camry, and Lexus Models, Toyota plans to make an override system that will stop acceleration if the brakes and gas pedal are applied simultaneously. According to a Toyota spokesperson, the brake override system will be standard on all Toyota products for the 2011 year.

Despite these steps, complaints continue to surface alleging problems unrelated to defective or improperly installed floor mats in vehicles both in and outside of the make and model years recalled. Accordingly, Toyota and Lexus owners should be aware of the potential for sudden acceleration even if your vehicle has not been recalled.

In the event that you are faced with a sudden acceleration issue, the following advice as reported by Consumerreports.org may save your life.

· Move the transmission to neutral.

· Use the brakes to come to a stop safely on the side (or off) the road

· Shut off the engine with the transmission in neutral

· Put the car in park.

Originally posted at InjuryBoard by Pete Strom

Federal Stimulus Package Offers Rebates for Qualifying Appliances

Pete Strom — Thu, 07 Jan 2010 15:43:53 GMT

Dreaming about a large capacity washer? Have our unusually low temperatures over the past couple of weeks put a strain on your gas furnace or heat pump?

We all know that money is tight these days. We have good news that can save you money.

South Carolina Offers Immediate Rebates for New Appliances

Beginning on March 31, 2010, South Carolina will provide a total of $3.9 million in rebates to South Carolina residents who purchase certain ENERGY STAR appliances. The rebates will be issued until the money runs out.

The rebates are being funded by South Carolina's share of the Federal Stimulus Funds. Late last year, Congress approved approximately $300 million as part of the Federal Economic-Stimulus bill. The $3.9 million represents South Carolina's share of the funds, which were based upon the number of households in each state.

Although the Federal Government determined the funds distributed to each state, each state was responsible for deciding which Energy Star appliances qualify as well as the specific amount of rebate for each type of appliance.

In South Carolina, qualifying appliances will be eligible for a rebate as follows:

Washing machines $100.00

Dishwashers $50.00

Refrigerators $50.00

Room Air Conditioning Units $50.00

Central Air Conditioning Units $200.00

Heat Pumps $500.00

Gas Furnaces $500.00

Gas-Condensing Water Heaters $400.00

Electric Heat Pump Water Heaters $400.00

Hi-Efficiency Gas Storage Water Heaters $100.00

Hi-Performance Gas Storage Water Heaters $200.00

Gas Tankless Water Heaters $400.00

Solar Electric Water Heaters $400.00

Qualifying purchases must be made in the store rather than online. The rebate will be instantly applied at checkout. Installers of equipment such as a HVAC, which are directly purchased by a consumer, may reserve rebates online and then provide each customer with the appropriate mail-in form.

In South Carolina, a list of participating retailers will be circulated beginning in February. We will update you then.

Originally posted at InjuryBoard by Pete Strom

1995 Chevy Blazer Rollover Kills Aiken County 10 Year Old

Pete Strom — Wed, 06 Jan 2010 16:55:47 GMT

Ten year old Zyon Curtis, died early Sunday morning as a result of injuries sustained during a single vehicle rollover accident in Sumter County.

George A. Curtis, Zyon’s father, was driving a 1995 Chevrolet Blazer southbound on S.C. 261 when he swerved to avoid hitting a deer. The SUV flipped several times. Although Zyon was wearing a seatbelt, he was ejected from the vehicle and suffered from massive head trauma.

Zyon was transported to Kershaw County Medical Center where he later died.

Zyon’s 18-year-old brother, Trez Curtis, who was in the back seat of the vehicle at the time of the accident, was transported to Palmetto Health Richland.

All three victims were wearing seat belts.

SUVS, such as the Chevy Blazer, are a popular mode of transportation in today’s society. As consumers, we view SUVS as safe, reliable cars and trust companies like General Motors to develop and provide us with transportation that will allow us to respond to everyday common place emergency situations such as swerving to avoid a deer, child or other road obstruction. However, when SUVs such as the Blazer are found unsafe, we expect accountability.

Statistics show that sports utility vehicles are approximately three times more likely to flip than a sedan.

Contrary to common perception, most SUV rollovers occur in single car accidents, and many occur while simply responding to an emergency as in this case, not due to the impact sustained from a two car accident. Many accidents like these could have been prevented.

The problem with SUVs such as the Chevy Blazer is that they have a high center of gravity and narrow track width which can make the auto unstable on the road and more likely to flip, even during a normal response where a driver is forced to change lanes quickly, swerve or otherwise respond to an emergency situation.

Studies have shown that the Chevy Blazer ranks among SUVs with the highest risk of rollover and increased risk of death or serious injury.

Despite creation for off road driving, most SUVs, including the Blazer are not equipped with roll over bars, roof crush protection, or even an adequate safety system to which could have prevented this loss. Manufacturers should be responsible for manufacturing vehicles, including SUVs equipped to deal with everyday road hazards.

Nothing can replace the loss of a child. Our thoughts and prayers are with the Curtis family.

Originally posted at InjuryBoard by Pete Strom

Black Friday Deals Abound

Pete Strom — Wed, 25 Nov 2009 09:18:54 GMT

Black Friday, love it or hate it, mystery always surrounds the deals to be found. Websites are already popping up giving us glimpses of what may be worth standing in line for this year.

If you are among those who will browse the ads on Thanksgiving Day to determine where to shop on Black Friday, please consider the following tips to reduce your chances of being a victim.

1. Parking: Pay attention to where you park and try to locate a spot that is close to the door or police substation if available. You don't want to come out of the store loaded down with presents and make yourself vulnerable by wandering through the parking lot. As an added tip, it may be helpful to place a magnet or sticker on your car so that when you come out and see 50 silver sedans, you can quickly identify which one is yours.

2. When coming out of a store, have your keys ready and in your hand. Don't risk being approached by a thief or carjacker because you are fumbling in your bag looking for your keys. In addition, you will have access to your panic button and your keys can be used as a weapon if necessary.

3. When you are out shopping, keep your gifts out of view, and your doors locked.

4. If you carry a purse, consider keeping your cell phone in your pocket. In the event that your purse is stolen, you will still have your phone to call for help.

5. Stay aware of your surroundings. It is very easy to get distracted and increase your chances of being a target. Remember texting and talking on your cell phone also increase your chance of being distracted.

6. Shop with a friend or family member instead of shopping alone, especially if you are shopping at night.

7. Avoid carrying large amounts of cash.

8. Dress comfortably. Although your new high heeled boots may be utra stylish, you do not want to wear anything that will restrict your movement. Don't forget about the rush of the crowds when the door opens.

9. Check to see if the deals you are after are available online. Many stores are honoring the same deals online for delivery and in store pick up.

10. Watch out for other drivers. Although you may be paying attention, the driver next to you may not be, and looking out for other drivers will decrease your chance of being in an accident.

Happy Thanksgiving, and for those of you braving the crowds, Happy Shopping.

Originally posted at InjuryBoard by Pete Strom

Federal Tax Credit Spurs Golf Cart Purchases

Pete Strom — Tue, 27 Oct 2009 21:47:51 GMT

Keeping up with the neighbors has a whole new meaning in light of Uncle Sam's generous Federal Tax Credit offered to those who purchase a qualifying electric golf cart on or before December 31, 2009.

The credit provides for between $2,500 and $7,500 depending upon the type of battery used in the LSV (low speed vehicle). Many states are offering an additional credit on top of the Federal Tax Credit making the deal even more enticing, and in some cases, practically free.

Although traditional golf carts are not actually covered by the credit, many of the models available look like golf carts, but are actually better equipped for jetting around your neighborhood complete with lights and rear view mirrors.

On average, they can go between 15 and 25 miles per hour and can travel between 30 and 40 miles before needing to be recharged.

There is no limit on the number of electric cars that one can buy, and to qualify you must purchase the vehicle on or before December 31, 2009.

The only caveat is that the LSV must be federally approved or it will not qualify for the credit. We have the list that tells you how to bring joy to your holiday season.

Originally posted at InjuryBoard by Pete Strom