Posts Tagged ‘sudden acceleration’

Imagine what a genuine malfunction might have cost

The bogus Toyota sudden-acceleration scandal, fed by credulous media and hungry lawyers, has now cost the Japanese automaker upwards of one billion dollars on paper in settlements, despite the lack of an actual mechanical basis for the claims. (The “on paper” is a necessary qualifier because class action settlements typically fall short of transferring the actual sums declared) Yet many more lawsuits remain unsettled, including one nearing trial alleging that the automaker was negligent in not installing a system that cuts off accelerator power when the brake pedal is depressed. Whatever their value as a gesture of reassurance, such systems are of no help whatsoever in the actual sudden-acceleration accidents that typically make it to court, in which drivers mistakenly believe themselves to be pressing the brake when their foot is actually on the accelerator. [L.A. Times, whose coverage as usual disappoints]

P.S. National Law Journal coverage of pending trial:

“The heart of the mass tort was always the electronic throttle control. The fact that the first trial is going and not bringing that theory is interesting,” said Byron Stier, a professor at Southwestern Law School in Los Angeles who specializes in mass tort litigation. “Look how far that is from the original panic of this.”

Autos roundup

  • Abuse of out-of-state motorists an issue: “The Perils of Policing for Profit: Why Tennessee should reform its civil asset forfeiture laws” [Beacon Center, earlier]
  • Manhattan: “Lawyer takes plea in $279M no-fault auto insurance fraud case” [ABA Journal]
  • “AAA Warns of ‘Dangerous’ Free Market in Parking Spaces” [Matt Yglesias, Slate via Tim Carney]
  • Negotiated rates on auto loans at dealerships might violate Obama administration’s disparate-impact guidelines [Roger Clegg]
  • Not great for Law dot com’s credibility: Corp Counsel mag throws in with “sudden acceleration” goofery; and here’s an effort to gear up acceleration claims against Ford too.
  • Ethanol group menaces Phillips with antitrust charge unless it alters franchiser rule [Alexander Cohen, Atlas]
  • “Two researchers call for installing technology to disable cellphones in moving cars” [L.A.Times via Fair Warning]

January 29 roundup

  • In job bias dispute: “Federal Court Says Veganism Might Qualify As A Religion” [Religion Clause]
  • Perennially credulous L.A. Times drops broad hints that Toyota settlement vindicates sudden acceleration theories, others know better [LA Times, NLJ earlier]
  • “Cato Named America’s Most Effective Think Tank Per Dollar Spent” [Dan Mitchell, Nick Rosenkranz]
  • Disappointing: Transportation Sec. LaHood said to be “sticking around for a while” [Roads and Bridges, earlier] That was quick: only hours later, he says he’s leaving after all [WaPo]
  • It became necessary to destroy the sex workers in order to save them [Melissa Gira Grant/Reason]
  • Profile of lefter-than-thou NY attorney general Eric Schneiderman [NY Mag]
  • As rural pub tradition declines, Irish government rejects proposal to ease DUI laws [AP]

NHTSA to mandate accelerator overrides

We now know that the panicky tales of electronics-driven sudden acceleration in Toyotas, as urged on the nation by trial lawyer allies like Clarence Ditlow and Joan Claybrook, were sheerest fantasy. That’s no real surprise, since earlier reports of mechanically arising sudden acceleration in Audis and other brands of automobile (also urged on the nation by Ditlow et al.) proved equally imaginary.

But the media never learns, and if they don’t, why should the government? So the National Highway Traffic Safety Administration is proposing a rule that would require all auto designs to include “override” systems which shut off the accelerator if the brake is pressed. This will have no effect at all on typical “sudden acceleration” accidents, which arise from drivers’ hitting the wrong pedal, since those drivers already imagine themselves to be hitting the brake. They will have little if any effect on the extremely rare floor mat entrapment cases in which an accelerator gets trapped in the depressed position, because drivers can already overcome such acceleration by pressing the brake pedal if it is available, while if it is not available because of mats or other obstructions, the efficacy of the override may fall short of what is hoped.

But at least the government will be able to say that it did something.

I did find it interesting in the Washington Post account that Ditlow seems for the moment to have joined the rest of us in agreeing that pedal misapplication is the big cause of these accidents, the better to afford him a vantage point to criticize NHTSA for Not Doing Enough on that front. That’s quite a change from what you hear from him at the height of these panics, when he tends to talk up every possible cause of unwanted acceleration other than driver error. When the next sudden-acceleration panic breaks out, I fully expect CAS to be back pitching the electronics theories again.

P.S. Plaintiff’s lawyer and longtime Overlawyered favorite Steve Berman asserts that there have been “thousands of crashes, hundreds of deaths,” a claim the National Law Journal’s Amanda Bronstad relays without skeptical comment.

March 5 roundup

  • Trial lawyer TV: mistranslation, plaintiff’s experts were instrumental in “Anderson Cooper 360” CNN story trying to keep sudden-acceleration theory alive [Corp Counsel, Toyota, PDF, background]
  • “Can I get a form to file a police complaint?” No. No, you can’t [Balko]
  • Madison County lawyer runs for judgeship [MCRecord; earlier on her columnist-suing past]
  • RIP Dan Popeo, founder and head of Washington Legal Foundation [Mark Tapscott, Examiner]
  • Louisiana: “Church Ordered to Stop Giving Away Free Water” [Todd Starnes, Fox via Amy Alkon]
  • Developer of “Joustin’ Beaver” game files for declaratory judgment against singer Justin Bieber’s trademark, publicity claims [THR, Esq.]
  • “Why are Indian reservations so poor?” [John Koppisch, Forbes] “Payday loans head to the Indian reservations” [Katherine Mangu-Ward, Reason] Tribal recognition: high-stakes D.C. game where lobbyists get the house rake-off [Chris Edwards, Cato]

A baffling award for ABC’s Toyota scaremongering

John Cook at Gawker wants to know how a coveted Edward R. Murrow prize could just have been bestowed on the Toyota-panic reporting of ABC’s Brian Ross (“America’s Wrongest Reporter”), given that it showcased staged, fakey footage, relied heavily on the assertions of a safety consultant whose plaintiff’s-side involvement in the controversy went unmentioned, and omitted details that would have raised readers’ doubts on key themes, among many other sins. Later investigations, of course, decisively refuted the lawyer-stoked fears that Toyotas have some mysterious tendency to accelerate out of control. More: Ted Frank and Hans Bader, and my take on the sad history of media irresponsibility on car-safety scares.

May 31 roundup

April 6 roundup

  • Lack of defect poses problem for plaintiff: Toyota prevails in first acceleration case [NLJ]
  • Australia: writer Andrew Bolt on trial for alleged racially disparaging columns [Herald Sun, Crikey, The Age]
  • “Attorneys Put Themselves Before Consumers in Class Action over Faulty Computer Chip” [CJAC, Frank/CCAF on NVidia case]
  • Ruling by Federal Circuit is thinning out rush of patent marking cases [Qualters, NLJ, earlier]
  • Podcast: Lester Brickman and “Lawyer Barons” [PoL, earlier here and here]
  • “Are class actions unconstitutional?” [Lahav, Mass Tort Lit, on Martin Redish book]
  • “Free speech belongs on campuses too” [Ilya Shapiro, Cato, on Widener case, with kind mention of Schools for Misrule]
  • King Canute turns attention to dry land: states mull bills to forbid use of distressed properties as appraisal comps [Funnell]

NHTSA: no electronic flaws in Toyotas

It’s basically the same message that leaked out seven months ago. In a new post at Cato at Liberty, I raise some questions about why it took so long to release the study results.

More: Jalopnik, Coyote, Marc Hodak, Rick Woldenberg/AmendTheCPSIA, Dan Fisher/Forbes, Dan Bigman/Forbes (LaHood: “no defect, but we’ll regulate the industry anyway”); Carter Wood/ShopFloor and more, Ted Frank/PoL (class action over loss of resale value continues), New York Times, Leonard Evans/AOL. My March 2010 National Review piece “Exorcising Toyota’s Demons” is here. And welcome readers from Instapundit, Charlie Martin/PJ Tatler, Pejman Yousefzadeh, Roger Donway/Atlas Society, Ira Stoll/Future of Capitalism.