The issue of wrongful death cases has come up recently in some Ohio media outlets, oftentimes highlighting the negligence that played a part in tragic accidents. Many of these stories, including several covered on this blog, have focused on recent cases against the Ohio Department of Transportation. However, ODOT is not the only organization facing legal trouble from wrongful death claims: a wrongful death lawsuit against car manufacturer Toyota is set to begin, and Ohio residents with Toyota vehicles may be interested to know the details.
In 2010, a driver was on her way home from work when her family's lawyers argue her 2006 Camry began to malfunction. According to their case, the driver was following the applicable road laws when her vehicle began to inexplicably accelerate, quickly reaching speeds around 100 miles per hour. Unable to slow her car with either the pedal or emergency brakes, she soon found herself incapable of controlling the vehicle. Tragically, she lost her life when her vehicle collided with a telephone poll and a tree.
Toyota faces a wrongful death suit related to the incident. The company claims that their vehicles are not responsible for the sudden acceleration. They put forth the defense that crashes were caused by driver error, as well as floor mats which trap pedals and stuck accelerators. Toyota has already settled several wrongful cases related to this issue.
While a wrongful death suit could be decided for the victim if the vehicle was faulty, some commentators argue that this is not even necessary. The lack of a brake override system, some suggest, could be grounds enough to find the company liable.
In cases where a malfunctioning vehicle or products leads to serious injury or death, the manufacturer can be held legally liable and be responsible to provide the victims financial compensation. Those interested in the full extent of their options may be able to learn more by discussing the matter with legal professionals.
Source: abc6.com, "Toyota sudden acceleration case set to begin in CA," Greg Risling, July 21, 2013