On December 14, 2009, Jacquelyn Donoghue, a 67 year-old nurse, was driving home with her husband John in their 2006 Toyota Prius on Highway 75 in Nebraska. Both were wearing their seat belts. Mrs. Donoghue was an experienced driver with an excellent driving record.

As she traveled down the highway, the Prius suddenly accelerated and went out of control. The Prius slammed into a Subaru Forester that was delivering mail on the side of the highway. The passenger side of the Prius struck the rear of the Forester with so much force that John Donoghue was killed in the passenger seat. The vehicle continued off the highway and eventually stopped only when it ran into a snow drift.

In addition to the devastating loss of her husband, Mrs. Donoghue suffered serious injuries of her own, including head trauma, a fractured shoulder, a broken jaw, and a collapsed lung.

Today, Mrs. Donoghue filed a lawsuit in Federal court against Toyota seeking compensation for injuries to herself and for the death of her husband.

Why Toyota Is Liable For Sudden, Acceleration Accidents

Since 2001, the electronic throttle system in most Toyota vehicles, including the 2006 Toyota Prius driven by Jacquelyn Donoghue, has relied on sensors, microprocessors and electronic motors instead of a mechanical linkage, such as steel cable, to connect the accelerator pedal to the engine throttle plate.

Millions of Toyota vehicles were not equipped with a safety feature, known as ‘brake-to-idle’ override that is found in many other vehicles. This feature enables drivers to override the electronic throttle and control the vehicle in the event of a sudden unintended acceleration.

“The complaint charges that Toyota’s failure to incorporate a brake-to-idle safety device in the Prius driven by Jacquelyn Donoghue played a direct role in the death of her husband John Donoghue,” stated Robert J. Nelson of the national plaintiffs law firm Lieff Cabraser Heimann & Bernstein, LLP, which is representing Mrs. Donoghue.

If you would like to learn more about your legal rights visit US Auto Injury Law.com’s Toyota and Lexus sudden acceleration accidents page.