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TOYOTA EXPECTED TO ISSUE RECALL ON ITS PRIUS HYBRIDS DUE TO BRAKE FAILURES
February 04, 2010
Topic: Defective Products: Product Recalls

Still struggling to get control of the unintended accelleration problems with its Toyota and Lexus vehicles, Toyota is now dealing with reports that its 2010 Prius hybrid vehicles have a defective braking system.

Reports of the brake failures appeared as early as August when Japan's Land and Transport Ministry began receiving reports from drivers who had experienced brake failure while driving their Priuses over bumpy roads or on slippery surfaces. Toyota is currently investigating a total of 85 complaints relating to incidents in which Prius brakes have intermittently stopped working. Toyota also admitted yesterday that there were 13 more incidents that had arisen over the past two months which was a "greater than usual" number of reported incidents.

The problem with the brakes is being described by some as a complete failure of the brakes to engage for a period of time, perhaps as long as a few seconds, even though the operator has the brake pedal fully depressed. Toyota's investigation into the Prius brakes is thought to be focused on the computer that links together the two separate braking systems at the heart of the model's groundbreaking hybrid technology. The car is slowed down by a combination of traditional mechanical brakes and the electromagnetic resistance that recharges the batteries. The fact that problem may be in the design of the electrical system is important as the technology was developed and designed by Toyota itself and not its suppliers. As a result, Toyota will be hard pressed to blame its suppliers for the brake failures in the way it is trying to do with the problems it is having with its other vehicles that are experiencing unintended accelleration issues.

Toyota's handling of this defect issue with the Prius as well as the defects with its other models involving unintended accelleration issues are calling into question Toyota's credibility and the quality of its products. Toyota is being criticized for developing a corporate mentality of denying responsibility and responding slowly to safety issues to avoid negative publicity, and trying to blame the problems of unintended accelleration on its suppliers of component parts.

While Toyota is not ready to admit that its Prius vehicles have a brake defect, saying last week that it was "still confirming the facts" surrounding the brake failure claims, Toyota's actions appear to be inconsistent with that statement. For over a month, Toyota has been modifying its production lines to address the brake problem. For over a month, Toyota has been fixing the problem with new vehicles before they are sold. In addition, the company has been providing emergency fixes for Japanese Prius owners who have complained of brake troubles. However, Toyota has not notified its customers who own the affected vehicles of the reports of brake failure problems or issued any recall notices yet.

Toyota, is holding a press conference about the brakes today, but Toyota has not announced whether it has decided to issue a recall of Priuses. Toyota is obviously feeling pressure to do something in light of all of its recent public black eye. The US Transportation Secretary, Ray LaHood, said that he planned to call Akio Toyoda, the Toyota President, "and explain to him that this is serious business". Meanwhile, Masayuki Naoshima, the Japanese Minister for Trade, summoned Toyota's head of quality control, Shinichi Sasaki, to a meeting last night. Mr Naoshima later said: "there is a small computer inside the brake and Toyota is making adjustments and improvements."

While Toyota is considering what steps it is willing to take, the real issue needs to be the focus on customer safety.

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Drunk Driving Legislation Proposal
February 03, 2010
Topic: Auto Accidents: Drunk Driving

Drunk Driving Legislation Proposal

At Montes Herald Law Group, LLP, we are trying to work with MADD to get support for new legislation to reduce incidents of drunk driving in Texas. Two sobering facts point to the need for tougher laws against drunk driving in Texas.

1. Texas ranks #1 in the country for alcohol-related traffic fatalities (NHTSA, 2006 and 2007).
2. In 2006 alone, NHTSA estimated 1,569 people were killed in alcohol-related crashes in Texas.

We are trying to get a grass roots campaign for support of new legislation that may change those numbers and save lives by trying to prevent drivers who have already been convicted of drug and alcohol related offenses from being sold alcohol.

The Problem: Far too often when you hear a story that a drunk driver killed someone in a wreck, you also hear that the drunk driver had previously been convicted of drunk driving and was on probation for those charges at the time of the wreck. The question is why are people who are on probation for drug and alcohol related charges being allowed to purchase alcohol when the conditions of their probation specifically state that they are not permitted to purchase or to consume alcohol. The answer is simple. Businesses that sell alcohol have no way of knowing that a customer is on probation and is not permitted to purchase or to consume alcohol. As a result, if the customer presents a valid ID, they are able to purchase the alcohol.

The Solution: We need to a way to make it obvious to any seller of alcohol that the person who is purchasing the alcohol is not permitted to purchase or to consume alcoholic beverages. This can be accomplished by enacting new laws that require a change in driver's licenses and identification cards, and the presentment of those forms of identification any time that a person purchases alcohol regardless of his or her age. The fundamental steps that can be taken at little to no cost to the citizens of the State of Texas are:

1. Require that anytime someone is put on probation for an alcohol or drug related offense, that the terms of probation include a prohibition from purchasing or consuming any alcoholic beverages. This measure is usually already included in terms of most probations involving drugs and alcohol.
2. Require that to be eligible for probation, any person who is convicted of a drug or alcohol related offense, either obtain a new Texas Identification Card or Driver's License which changes the profile of the identification card to the same profile as persons under the age of 21 years of age and that is marked with the words "No Alcohol." All of the fees for obtaining the new identification would be paid by the offenders.
3. Require that any person or company that sells, serves or provides alcoholic beverages card each person to whom alcohol is sold or provided regardless of the age of the person who is purchasing or receiving the alcoholic beverage.
4. Make it illegal to sell, serve or to provide alcoholic beverages to any person who presents an identification card with the words "No Alcohol."

Obviously, this legislation will not stop all drunk driving, but it may cut down on some of the worst offenders, and we believe it is a reasonable and cost effective way of reducing drunk driving incidents and saving lives.

If you agree with us, we would appreciate your joining our Facebook family, and leaving a brief comment that you support this effort. Then, please tell as many of your friends and family to do the same so that we can have some momentum as we continue to try to meet with State Legislators to do something to make Texas a safer place for all of us. After all, Texas deserves to be #1, but #1 in safety. You can find us on Facebook by searching for "Montes Herald Law Group, LLP."

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ALCOHOL SUSPECTED AS A CAUSE IN TWO HEAD-ON COLLISIONS IN VAN ALYSTINE
February 03, 2010
Topic: Auto Accidents: Drunk Driving

Tuesday was a deadly day for drivers near Van Alstine, Texas as police responded to 2 separate head on collisions.

Around 7:00 PM on State Highway 75 and County Line Road, police say a female driver headed south in the northbound lanes and collided head-on with a car headed north. That driver was also taken to Wilson N. Jones. According to police they suspect the crash was alcohol-related, and that charges are pending against the wrong way driver. Meanwhile, both drivers involved in this accident were transported to Wilson N. Jones Medical Center in Sherman in critical condition.

Around 8:00 PM the same night wrecks occurred on State Highway 75 within an hour. Around nine o'clock Monday night, police began receiving 911 calls that a driver of a Ford Explorer was headed the wrong way down highway 75 from Sherman into Van Alstyne. Although officers tried warn approaching vehicles and to get the driver to pull over, she ended up crashing into a Toyota Corrolla head-on at approximately 70 miles per hour. Both drivers were taken to Wilson N. Jones in Sherman with serious injuries. Hien Vuong, the driver of the Toyota, a 64-year-old woman from Garland, died from her injuries. The wrong way driver, Bobbi Elvington (44) of Sherman was released from the hospital and booked into the Grayon County Jail for Intoxication Manslaughter.

Sadly, incidents of drunk driving in Texas and across the nation continue to occur. On average, someone is killed by a drunk driver every 40 minutes. (NHTSA 2007 - Traffic Safety Annual Assessment: Alcohol Impaired Driving Fatalities). In 2007 alone, an estimated 12,998 people were killed in the United States in alcohol-impaired driving crashes. Even scarier is the fact that Texas leads the nation in drunk driving incidents. Texas ranks #1 in the country for alcohol-related traffic fatalities (NHTSA, 2006 and 2007). In 2006 alone, NHTSA estimated 1,569 people were killed in alcohol-related crashes in Texas.

If you or a loved one has been seriously injured or killed by a drunk driver, contact Rachel Montes or Tom Herald for a free case evaluation if you have been injured in a wreck by a drunk driver. Our firm handles cases all across Texas, including Grayson County, Collin, Denton, Dallas, Tarrant, Travis, Harris and San Patricio counties as well as other Texas counties. In these cases, we believe it is extremely important to not only focus on the loss of your loved ones, but also to do what we can to get justice and to hold drunk drivers accountable for their actions. We are a supporter of MADD and are trying to get new legislation to further reduce incidents of drunk driving.

Our main office is located in Irving, Texas just a few miles from DFW Airport and Love Field, and we can quickly come to visit you. For more information about our attorneys and our law firm, visit our website at www.MontesHerald.com.

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Federal Lawsuit Alleges Toyota Concealed Safety Information and that the Current Recall Needs to Cover More Vehicles
February 01, 2010
Topic: Defective Products: Product Recalls

Federal class action lawsuit has been filed in Charleston, West Virginia claiming Toyota's massive recall is not large enough in scope to cover all of the affected vehicles. The lawsuit claims that other models have faulty electronic throttle systems that might cause unwanted acceleration.

The Charleston lawsuit, filed in November, names 13 models dating back to 2002 for the Toyota Camry and 1998 for Lexus vehicles that have an electronic throttle-control system, or ETCS, which allegedly has "a dangerous propensity to suddenly accelerate without driver input and against the intentions of the driver."

Moreover, when reports of incidents caused by unwanted acceleration led to an investigation by the NHTSA in 2004, the information provided by Toyota officials was limited in scope so as to exclude incidents that lasted longer than one second or where the driver couldn't stop the unwanted surge by applying the brake, according to the lawsuit.

The lawsuit alleges "Toyota, through [Toyota Motor North America], deceptively concealed from NHTSA as well as from the news media and consumer safety groups that monitor NHTSA safety defect investigations, an entire universe of potentially relevant customer complaints," the lawsuit states.

In addition to those, the lawsuit alleges, several other models and years are at risk:

• 2007-08 FJ Cruisers,
• 2003-08 Tacoma pickups,
• 2002-09 Camrys,
• 2000-09 Tundra pickups,
• 2001-09 4Runner SUVs,
• 2001-09 Land Cruisers,
• 2005-09 RAV4s,
• 2001-09 Sequoias,
• 2004-09 Siennas,
• 2005-09 Corollas, and
• 2004-09 Highlanders.
• "Lexus models" from 1998 to 2009 also are listed.

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Starbucks Recalls Glass Water Bottles That Have Been Shattering
February 01, 2010
Topic: Defective Products: Product Recalls

Coffee giant Starbuck is recalling its 20 ounce clear water bottles that have the words "Glass Water Bottle" printed on the bottle. There have been reports of injuries when the glass stoppers and the bottles themselves have shattering. As a result, there is a safety risk of lacerations to consumers. The bottles sold for about $9.00 at Starbucks and Target.

The specific product has an SKU number 11003503.

To view a picture of the water bottle go to www.cpsc.gov/cpscpub/prerel/prhtml10/10125.html

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