Legal Question in Personal Injury in Texas
I was one of the unfortunate owners of the Toyota Avalon, along with my niece, that had the problem with the accelerator pedal that used to get mechanically stuck at times causing panic and several near miss accidents. I had reported this to the Toyota service center in my past visits but nothing was discovered and I was told all is fine and to check again.
Eventually the same problem happened when my niece was driving the car and she lost control causing a crash that had almost cost her life. The vehicle was written off as total loss by the insurance company.
Recently, the recall was done for the Toyota vehicles and our car was one amongst the recalled cars. I contacted the manufacturer and told them about the accident, which was due to the defect that Toyota had found out recently. But, there was no response from their side. Are we entitled to any kind of compensation from Toyota as we have already suffered the consequence of the defect? How do we proceed from here on? Please advise.
4 Answers from Attorneys
Do you still have access to the vehicle? Do you have invoices or other documents showing you reported this to the local Toyota service people? Is your niece still suffering the effects of her injuries? When did the accident occur? This info would be very helpful in evaluating whether you had a case. You may be entitled to pursue legal action depending on what evidence is available. Feel free to call or email if you have further questions. Thanks.
Yes, your niece is entitled to compenstion for her past and future medical bills, past and future pain and suffering, mental anguish and disfigurement. You need to contact a lawyer ASAP. I am currently handling three Toyota sudden acceleration cases in Texas where severe injuries resulted. The most important thing is to secure that vehicle because the evidence in the black box is crucial. Please call me so that I can assist you. You can see my interview with ABC news on YouTube if you just type my name in the search box, "Parker Polan". I'm sorry to hear about this unfortunate situation. My number is 512-751-0680.
Parker Polan
Please note that as of last week many of the Toyota sudden acceleration cases have been consolidated in multi-district litigation (MDL) in California. It is vital that you contact an attorney as soon as possible to be included in this litigation. Feel free to call as we have years of experience in MDL cases.
If you do not hire an attorney to get your Avalon secured immediately then it might be sold by your insurance company for salvage or be crushed, along with the evidence. I have a secure facility in the Greater Austin and Houston Areas where I store vehicles involved in accidents, including Toyota acceleration.
I have attended conferences regarding the Toyota sudden acceleration issues with the American Association for Justice (formerly, The Trial Lawyers Association of America). They involved the proper parties to sue, the legal theories, what experts to use, and how to approach the theme of the case.
You do not want to be part of the Multi-District Litigation (MDL), and it sounds to me that you may have a basis to keep this matter in State court, as opposed to Federal court (where it would be mandatory MDL) because of your communications with the dealership regarding the sudden acceleration issues you were having prior to your niece's accident.
Here is the link to an interview with one of my Toyota sudden acceleration clients and myself that aired on the local Austin news in January:
http://www.youtube.com/watch?v=tCsV4SRHyOw
I would be glad to speak with you about this matter. My number is (512) 751-0680.
Parker Polan
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