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Kia Recalls 146,000 Vehicles

On January 20, 2012, Kia announced a recall of 146,000 vehicles for faulty airbags that may not deploy in the event of a collision. Kia reports that in most cases the driver would be warned of the airbag defect by a warning light, and that it has not heard of any injuries related to the damaged product.

The recall includes the Optima sedan from 2006-2008 and the Rondo wagon from 2007-2008. This recall came not long after Hyundai, the parent company of Kia, recalled 205,000 vehicles for a similar problem. The defect in the airbag comes from the clock spring, a component found in the steering wheel. Over time, the clock spring assembly may wear and become damaged or defective as a result. According to Kia, this damaged clock spring may prevent the airbag from deploying in a crash.

Even though Kia has reported that no serious injuries have occurred, the National Highway Traffic Safety Administration (NHTSA) has reported that this defect could pose a serious safety risk to those involved. The NHTSA and Kia’s objective is to get the cars back to the dealership for repair before any serious injuries occur. The recall is expected to begin in March.

NHTSA Investigating Grand Jeep Cherokee for Gas Tank Explosion Hazards

For California product liability class action lawyers, it's almost like a revisit to the Ford Pinto exploding gas tank crisis of the 70s.  This week, the National Highway Traffic Safety Administration announced that it would soon begin investigating thousands of Grand Jeep Cherokees for a possible defective gas tank design that could increase the risks of a fire and explosion.

The NHTSA investigation has been triggered by efforts by consumer safety group, Center for Auto Safety.  The group has called on the NHTSA to investigate whether the gas tank design in the Grand Jeep Cherokee - below the rear bumper and behind the rear axle-could cause a fuel leak if it is involved in a rear end collision.  The group also wants the NHTSA to determine whether the plastic tank could puncture during a rollover because of a lack of protective shielding for it.  The group also has concerns about whether the neck of the tank could wear off.  According to the Center for Auto Safety, the design and placement of the gas tank in the Grand Jeep Cherokee is “terrible” and increases the risks of a gas tank explosion during impact.

The NHTSA is not making any commitments at this point in time.  The agency says it has not found any additional instances of gas tank fires in rear end collisions involving the Grand Jeep Cherokees, compared to other sports utility vehicles.  However, the agency has reports of 44 accidents involving the Grand Jeep Cherokee since 1992.  These accidents have ended in 55 deaths.  In all of these accidents, fire was listed as the most harmful factor.  Out of these accidents, at least 10 crashes and three deaths were associated with rear ender collisions.

The Jeep Cherokees in the investigation includes models manufactured between 1993 and 2004.  An estimated 3 million vehicles are involved in the investigation.

Honda Owners - Have Your Side Airbags Deployed Without a Collision?

If you own a Honda and your side airbags have deployed without being in an accident, we would like to talk to you.

Senate Committee Approves Auto Safety Bill

In another major victory, a Senate committee has passed an auto safety bill that would force automakers to meet new safety standards, and impose far stricter penalties on companies that fail to report auto defects immediately to federal authorities. The bill also includes enhanced powers for the National Highway Traffic Safety Administration, an often embattled agency that has found itself at a loss to be able to announce recalls quickly, and keep Americans safe.

Class action attorneys have been monitoring the bill as it finally heads towards becoming law. The process was set in motion because of the massive recalls involving Toyota vehicles last year, and an international scandal related to a sudden acceleration problem in the Japanese-made vehicles. A national outcry over dozens of deaths involving acceleration in these cars, and the fact that the NHTSA did little to recall the cars, have helped push the bill forward. Last month, the new auto safety bill cleared a House committee. Lawmakers are pushing for the bill to be cleared before the 4th of July.

This is the most wide-reaching auto safety bill in years. It addresses a wide variety of problems that lawmakers and class action attorneys have been concerned about. Under the provisions of the bill, not only will the National Highway Traffic Safety Administration have greater powers to announce a recall, but will also have the power to impose higher penalties on automakers for failing to speed up a recall. Earlier this year, Toyota was slapped with a laughable fine of a maximum of $16.4 million. Under the bill, the maximum penalties that can be levied on automakers will be spiked to $300 million.

Automakers will also be required to equip their cars with black box data recorders and brake override systems. The NHTSA is expected to benefit from an expanded budget of $280 million from the current $140 million.

Now Ford Fusion Faces Probe Linked to Stuck Accelerator Pedals

It’s now the turn of Ford Motor Company to face increased heat over several reported incidents of stuck accelerator pedals in its Fusion vehicles. The National Highway Traffic Safety Administration has announced that it has begun a preliminary investigation into reports of gas pedal entrapment by floor mats. Approximately 249,301 units of Fusion vehicles are included in the investigation.

The agency says it has received at least three verified complaints, alleging that the accelerator pedals in the Ford Fusion vehicles became trapped by unsecured all-weather floor mats. All Fusion cars of the current model year are included in the investigation.

In April, Dan Edmunds of Edmunds.com reported one such incident while he was driving his Fusion. He noticed that the gas pedal became stuck for a period of 3 to 4 seconds while he was driving. Edmonds then conducted experimental testing, and found the same results. He posted the results on his website. In Edmonds case, the all weather floor mats had been stacked on the standard mats.

For now, the agency is asking consumers not to place the all weather floor mats on the standard mats, but to remove the standard mats first. Ford Motor Company says it does not recommend stacking of floor mats under any circumstances.

The complaints that the National Highway Traffic Safety Administration has received have not involved any accidents, injuries or fatalities. But after the Toyota fiasco when California class action lawyers, the media and the public lambasted the agency for its failure to take action after the initial reports of the stuck gas pedals, the agency is taking no chances.

It was known even at the peak of the Toyota pedal crisis that the Japanese automaker was not the only company whose vehicles had problems with sticking gas pedals. General Motors and Chrysler vehicles too have also been linked to the sudden unintended acceleration problem, although these have not resulted in deaths in the same manner that the Toyota problem has. They've also been very few injuries, linked to stuck accelerator pedals in vehicles by other companies.

Washington Weighs in on Auto Safety

It took thousands of recalled vehicles, hundreds of class action lawsuits and dozens of headlines, but lawmakers in Washington finally are interested in tougher safety standards for automobiles. Last Thursday, Congress set in motion legislation that could make the lives of car company CEOs very uncomfortable.

The last time Congress addressed safety issues with automobiles was 10 years ago when Ford Explorers were equipped with exploding Firestone tires. The much-chronicled fall from grace for popular car maker Toyota is seen as today's call to action for Congress members. Toyota’s faulty accelerator pedals, along with the plethora of high-profile lawsuits that came hand-in-hand with the recalls, have made automobile safety a hot-button issue in Washington. Hoping to give voters some peace of mind while picking up some extra votes for themselves along the way, Congress is fast-tracking legislation in hopes of stopping another Toyota -like catastrophe.

A pair of bills prepared by Rep. Henry A. Waxman, chairman of the House Energy and Commerce Committee, and Sen. John D. Rockefeller IV are expected to serve as the general framework for Washington’s proposed safety overhaul of the auto business. Among the proposals on the table are the enforcement of "black box" technology installment in new vehicles. Black boxes, like the ones used in airplanes, tell investigators what went wrong mechanically. Mandatory black boxes, lawmakers say, would force car companies to take accountability for the products they market to consumers. Congress also has suggested that car companies be required to install brake override systems. Also proposed are rapid recalls that would push car makers to take faulty vehicles off the road immediately to prevent further injury. Finally, Congress has proposed slapping manufacturers with steep fines for safety issues.

The House and the Senate are expected to reach decisions on definitive legislation in a series of hearings focused on car safety later this month.

Latest Toyota Lawsuit Seeks Full Refund

If it seems like an eternity since you’ve heard anything new about the rash of Toyota lawsuits happening around the country, maybe your Internet connection and television have both stopped working. As a matter of fact, there are so many Toyota tales inundating the airwaves, it’s hard to keep track of them all. The latest lawsuit news involves Toyota owners from Arizona and Washington who are seeking a full refund from the carmaker.

Steve Berman, the attorney for these cases, is hoping that Toyota will agree to have owners of the affected vehicles be allowed to simply drop off the cars, turn in the keys, and leave with a check. Berman’s lawsuit could in fact cause Toyota to write several checks that could total in the billions in payment for the millions of Toyotas recalled due to unwanted vehicle acceleration.

Unlike the majority of the current Toyota lawsuits that claim their cars have dropped in value as a result of the recalls, this is one of the first that includes car owners in search of full refunds. Berman and his clients hope that their proposed solution proves to be an easy one for the courts to make happen.

News of this refund lawsuit comes just a week before a panel of federal judges holds a hearing to decide if the more than 110 potential Toyota class action lawsuits should be consolidated into a single, inclusive suit. Taking place in San Diego, the panel also hopes to determine whether or not the case should proceed to trial. Also brewing are the racketeering claims in lawsuits filed by the Attorneys Toyota Action Consortium (ATAC), which allege that Toyota fraudulently deceived consumers about the dangers their vehicles might pose.

We’ll know soon enough how Toyota plans to combat the ever-mounting lawsuits against them, but what is still unclear is what lawsuits against the car company have yet to be filed.

More Toyota Auto Defect Troubles

Keeping up with the latest troubles at Toyota is an exhausting affair. Starting with the whisper of potential recalls at the end of 2009, the company has continued to get hit with bad news seemingly daily since the start of the New Year. With the giant 8 million car recall well underway, the legal battles for the car company have just begun. In addition to the large class action lawsuit filed in Connecticut earlier this month, the company could be facing criminal charges as well. Toyota announced on Monday that a U.S. Federal Grand Jury had officially subpoenaed documents on the defects that caused the massive safety recall. The grand jury, under US law, will now review the evidence supplied by Toyota to determine if there is probable cause for an indictment leading to a trial.

The subpoena comes on the heels of months of allegations that Toyota took its time in notifying the public about the faulty brake systems and malfunctioning accelerators. Toyota was viewed to be despondent while some thought the automaker's reaction to the recalls was nonchalant. After Monday’s bombshell, however, it looks as if Toyota is finally ready to play nice. The car manufacturer is believed to be preparing to comply with the subpoena and noted in a statement that they are ready to work willingly with authorities. Akio Toyoda , the president of Toyota, will be questioned this Wednesday by the House Oversight and Reform Committee in the first of three hearings addressing the company’s safety issues.

What all of this means exactly for Toyota owners is unclear. Drivers of all makes of cars really want one thing at the end of the day, and that is to feel safe. The people don’t care how many hearings there are or what the latest publicity spin is. They want to know if they can still rely on a product that they invested in. Great legal teams and consumer advocates need to be relied on in situations like these so we can all feel a little safer.

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