Chicago Personal Injury Lawyers Blog

Toyota has initiated a recall of the more than 8.5 million affected vehicles with potentially faulty accelerators. The vehicles may be prone to sudden uncontrolled acceleration, which is alleged to have caused a number of crashes and 34 deaths. Congressional hearings are pending on a probe initiated by the National Highway Traffic Safety Administration into whether Toyota acted in a timely manner to initiate the recalls.

Toyota is facing a few different types of potential lawsuits such as class action, claims to recover "lost value", shareholder suits and traditional product liability claims initiated on behalf of people killed or severely injured in crashes allegedly caused by the accelerators. As an injury lawyer in Chicago, I pay closest attention to these individual product liability cases. As a matter of fact, this Toyota recall highlights a primary reason why I chose this profession. I get great satisfaction from representing individual families and giving them a voice against the large and powerful corporations and insurance companies. And, it angers me to know that neither Toyota nor federal regulators did anything significant to prevent the problem until enough people started dying. The LA Times reported that, based on its review of federal records pursuant to a Freedom of Information Request, there were 2,600 Toyota and Lexus car owner complaints of sudden acceleration from 2000 to 2010. Furthermore, CBS reported that Toyota was aware that its sudden acceleration defects were related to computer software, not to floor mats, as far back as 2005.

From Toyota's perspective, the 34 deaths thus far attributed to crashes caused by the acceleration problem represent a more than manageable legal risk for a company of Toyota's size. I know this is big business reality, but it still bothers me, especially knowing what they knew and when they knew it.

From my perspective, any of those deaths that could have been prevented should have been prevented.

You can bet Toyota will zealously defend these cases. Toyota is better situated to withstand the costs associated with a lawsuit compared to an unrepresented family of a victim.

If you know someone who has been severely injured in an accident involving a Toyota or Lexus, please do not hesitate to call the Chicago office of Strellis & Field, and we will walk you through your legal options (312) 201-0000.

Click here for a list of vehicles affected by the accelerator or floor mat issues (L.A. Times).

On August 11, 2009, Raul Torres, owner of Torres Construction, hauled a load of dirt in a Bobcat front loader toward a dump truck parked at a construction site in Chatham on the South side of Chicago. His company was repairing a basement floor in an apartment building that's being converted into condos. His son, Valente Torres, was playing on the sidewalk. The loader's back wheels rolled over the curb and the heavy steel bucket filled with dirt suddenly slammed toward the ground fatally crushing Valente's skull, according to a witness.

I read this article in the Chicago Sun Times and couldn't help but think of all the times I have brought my son, Zack, to work with me. Unlike Mr. Torres, I work in an office setting where the risks of workplace injuries are much lower. This unfortunate accident highlights the reasons why any construction site has the potential to be dangerous, and it is crucial that safety guidelines, including all OSHA regulations, are followed.

OSHA regulations have been put in place by the United States Department of Labor with the purpose of providing a safe workplace for workers and those that find themselves in close proximity to construction projects. All of the regulations for workplace safety can be accessed through the
US Department of Labor website.

I recently resolved a workplace accident case where an experienced Chicago Laborer was seriously injured while working as a bottom man assisting in the installation of sewer pipe. Although my client was not operating the Target Pro 65 III Concrete Walk Behind Saw, he was in the zone of danger when the 36-inch diamond blade became a projectile and struck his left arm, severely injuring his left ulnar nerve. We brought a lawsuit against the general contractor on the job site and

This Torres case is tragic, yet I see little doubt that there is a cause of action for wrongful death of Valente Torres. The mother of Valente Torres could bring a cause of action against Torres Construction seeking compensation for the wrongful death of her son caused by the negligence of the company's employee. There is likely to be insurance to cover the negligent acts of the employees of Torres Construction. There may also be additional defendants that could be culpable based upon the results of the investigation as per how the bobcat functioned and whether any other company had a duty to provide a safe workplace. I wish only the best for the Torres family. Accidents do happen. Personal injury actions seek compensation for injuries suffered. Wrongful death actions seek compensation for the death of a loved one. In my opinion, this is the type of accident, although very unusual, that Torres Construction would be insured against.

Sources:

Chicago Sun Times - Boy killed by father at construction site was 'a sweet, loving kid'