Toyota Recall Update: Another Lawsuit Filed For Sudden Acceleration Accident
Chin Lin was a mechanical engineer in a managerial position in which he supervised other engineers in the design and building of propulsion systems for cargo ships.
Chin Lin before the accident, with wife Pei-Yen Cheng and their daughter Jessica Lin
On March 1, 2007, he was driving his 2005 Toyota Camry on Interstate 5 in California. With him was his wife Pei-Yen Cheng and daughter Jessica Lin. Each were wearing their seatbelts.
The Camry pulled slightly to the left so Mr. Lin straightened it out, then quite suddenly, the vehicle shot off like an arrow. The brakes failed and Mr. Lin lost control as the vehicle crossed to the right side of the highway, went over the shoulder, and flew airborne off the side of the highway.
The Camry rolled over several times and landed at the bottom of a hill where it finally came to a stop upside-down on its hood. Mr. Lin suffered grievous injuries, including fractured vertebrae in his cervical spine, rendering him quadriplegic. He now requires 24-hour care and will never work again. Pei Yen Cheng suffered head trauma, fractured ribs, and other injuries. Their daughter Jessica Lin also suffered back and other injuries.
Earlier this week, Chin Lin, Pei Yen Cheng and Jessica Lin filed a personal injury lawsuit against Toyota Motor Corporation seeking compensation for their injuries. (You can also read a copy of the complaint filed in the Lin case against Toyota.)
“The complaint charges that Toyota for years was aware its vehicles were susceptible to incidents of sudden, unintended acceleration, posing a significant risk of injury and death to vehicle occupants, other motorists, and pedestrians,” stated plaintiffs’ counsel Robert J. Nelson of Lieff Cabraser Heimann & Bernstein, LLP. “Yet, Toyota never made any significant changes to improve the acceleration system and the electrical system, in spite of the availability of several safe and inexpensive alternative designs and feasible modifications.”
Side view of the Toyota vehicle after the Chin Lin sudden acceleration accident.
Since 2001, the electronic throttle system in most Toyota vehicles, including the 2005 Toyota Camry driven by Mr. Lin, has relied on sensors, microprocessors and electronic motors instead of a mechanical linkage, such as a steel cable, to connect the accelerator pedal to the engine throttle plate.
3/4 view of the Lin Toyota vehicle after the sudden acceleration accident.
The 2005 Toyota Camry, which Toyota has not yet recalled, and millions of other Toyota vehicles were not equipped with a safety feature, known as ‘brake-to-idle’ override. The feature, used by other automotive manufacturers, enables drivers to override the electronic throttle and control the vehicle in the event of a sudden unintended acceleration.
“Toyota’s failure to incorporate the ‘brake-to-idle’ safety feature in the Camry driven by Mr. Lin, the complaint alleges, played a direct role in the catastrophic accident that occurred,” added Mr. Nelson.
The complaint was filed in Los Angeles County Superior Court as two of the primary defendants, Toyota Motor North America, Inc. and Toyota Motor Sales, Inc., are both California corporations with their headquarters located in Los Angeles County.
Learn more about the Toyota recall and Toyota sudden acceleration lawsuits.
Related posts:
- Toyota Sudden Acceleration Lawsuits Update: Wrongful Death Lawsuit Filed Against Toyota for Accident Involving Toyota Prius
- Toyota acceleration defect inquiry expands to include additional models
- Toyota recall: Report says throttles, not floor mats, may be cause of sudden acceleration accidents
- Toyota Motor Corp. Releases Updated List of Recalled Models
- Toyota Issues Second Large Recall in Two Months
