Sudden Acceleration Personal Injury Lawsuit Decided in Favor of Plaintiff, Toyota to Pay $3 Million
Although the Japanese vehicle manufacturer was found not guilty in a car accident wrongful death lawsuit in early October, a jury in a second sudden acceleration personal injury lawsuit has found Toyota guilty.
An Oklahoma City jury awarded $1.5 million in compensatory damage to Jean Bookout, the driver of the vehicle in a 2007 sudden acceleration crash, and $1.5 million to the family of Barbara Schwarz, who was killed in the accident.
The trial lasted for nearly three weeks, but ultimately they decided that Toyota was responsible for the personal injury and sudden acceleration that led to Schwarz’s death in the September 2007 accident. The jury also concluded that Toyota acted in “reckless disregard” for the safety of others, which allows for punitive damages, which will be decided on Friday, October 25th.
Toyota has argued in several of these sudden acceleration personal injury cases that the accidents were not the manufacturer’s fault, but driver error, despite recently admitting to mishandling a 2010 recall of several vehicles due to many reports of injury and death related to acceleration problems. Toyota recently settled with vehicle owners over that problem. However, in a recent personal injury and wrongful death lawsuit brought forward by the family of Noriko Uno, the jury ruled that the cause of the accident was driver error, not sudden acceleration problems.
However, Bookout’s lawyers argued that Toyota’s vehicles at the time had been faulty, and that the fault in the electrical system – which the manufacturer did much to try to cover up – caused the crash that led to the death of Barbara Schwarz. In September 2007, Bookout was driving her 2005 Camry, and Schwarz was her passenger. They were on a road along Lake Eufaula in Oklahoma when, reportedly, the vehicle suddenly began to accelerate. Bookout, who was 76 at the time of the accident, said she not only used the brake, but the emergency brake, to try to stop the car. Tire marks on the road back up her claim, according to her attorneys – there were 150 feet of skid marks on the road. The car eventually crashed because Bookout was unable to stop it.
The lawsuit is noteworthy because it is the first personal injury case that alleges Toyota is at fault due to software defects in the vehicle. The case could set a precedent for future sudden acceleration cases.
The next sudden acceleration personal injury case goes up next month in federal court in Santa Ana, California.
The Strom Law Firm Can Help with Vehicle Recall Personal Injury Cases
If you have experienced a problem with a defective product in your automobile, especially if a defective part has led to an auto accident, personal injury, or wrongful death, and a proper vehicle recall notice has not been issued, you may be entitled to compensation. The attorneys at the Strom Law Firm can help. We can help you with complicated auto insurance claims, and make sure you receive the compensation you deserve to help you with lost income and medical bills. Our attorneys are licensed to practice in South Carolina, Georgia, and New York. We offer free, confidential consultations to discuss the facts of your case, so contact us today at (803) 252-4800.
