UNINTENDED ACCELERATION


Cincinnati Personal Injury Lawyer Reviewing Cases for injured plaintiffs in Ohio and Nationwide
Nationwide Success

Protecting The Wrongfully Injured

Uncontrolled acceleration, also called unexplained acceleration and sudden acceleration, describes a dangerous situation where a vehicle speeds up without any action by the driver.

In recent years, a large number of accidents and resulting injuries and deaths have been attributed to the unintended acceleration of a car. Sudden acceleration accidents may involve the simultaneous failure of a vehicle’s acceleration and brake systems.

While injuries accumulate, and consumer safety experts raise concerns about keeping safe roadways, auto manufacturers have regularly deflected accountability and have blamed drivers themselves for accidents. Some car companies have not admitted to any design or mechanical defect, however these terrifying instances continue to occur.

If you were involved in an accident after your car suddenly accelerated for no reason, you may be able to take legal action and file a product liability claim against the manufacturer.

With a personal injury and product liability lawsuit, you can potentially recover full compensation to cover medical bills, future medical care, lost wages, and loss of potential earnings.

Joe Lyon is a highly-rated Cincinnati Catastrophic Injury and Ohio product liability lawyer, with years of experience investigating the causes of serious auto accidents, and settling sudden acceleration accident claims nationwide.


Unintended Acceleration Accidents


Toyota models have generated hundreds of complaints and injuries, eventually leading to a huge recall. In some cases, drivers complained of engines revving up when brakes were applied. Companies recalled many vehicles and examined electronic software.

In other cases, the plastic pad beneath the driver’s side floor mat interfered with the accelerator pedal and may have caused it to become stuck in an accelerated position.

As modern vehicles are made with more software-driven features, the possibility that computer systems conceal defects is a real concern. Auto manufacturers are often focused on innovation as a first priority instead of safety, and do not always test vehicle components properly. Some discovered design and manufacturing defects in uncontrolled acceleration accidents may involve the following:

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ABOUT THE LYON FIRM

Joseph Lyon has 17 years of experience representing individuals in complex litigation matters. He has represented individuals in every state against many of the largest companies in the world.

The Firm focuses on single-event civil cases and class actions involving corporate neglect & fraud, toxic exposure, product defects & recalls, medical malpractice, and invasion of privacy.

NO COST UNLESS WE WIN

The Firm offers contingency fees, advancing all costs of the litigation, and accepting the full financial risk, allowing our clients full access to the legal system while reducing the financial stress while they focus on their healthcare and financial needs.


Defective Throttle Recalls


In 2009, Toyota agreed to an auto recall of 4.3 million vehicles to modify their gas pedals and remove unsecured or incompatible driver’s floor mats which allegedly caused unintended acceleration accidents and catastrophic injuries.

A problem in the electronic throttle body used in Ford Motor cars has allegedly caused road accidents and lead to throttle lawsuits. Ford has stated that the Delphi throttle body is prone to failure, which causes the vehicle to stall or to suddenly decelerate without warning.

The Delphi throttle body is operated by electric motors linked to the accelerator pedal. Product Liability lawyers say the Ford throttle issue causes a loss of connectivity between the throttle and the powertrain control, and rapidly cuts the speed of the vehicle. Some vehicles targeted in defective throttle lawsuits include:

  • Ford Mustang
  • Ford Edge
  • Ford F-150
  • Jeep Cherokee
  • Jeep Wrangler
  • Jeep Patriot
  • Mercury
  • Lincoln
  • Lexus
  • Toyota

Sudden Acceleration Accidents


Car accidents frequently occur as a result of auto defects, some of which lead to catastrophic injury and product liability lawsuits. It is not unusual to link an automobile accident to a defect related to a vehicle—unintended acceleration and defective throttles are particularly dangerous defects.

To properly investigate a defective throttle or another auto defect, it is prudent to hire an experienced attorney who can work closely with auto engineers and experts to determine the cause of the accident. Defective Throttle Lawsuits typically involve one or more of the following defects:

  • Throttle malfunction engages the accelerator pedal while stuck in the floor mat
  • Faulty throttle is corrosion-based with rusting or broken throttle linkages.
  • Electronic Defects: throttle control systems may be designed improperly or built defective. Failure of electronic components may not be apparent until after a serious auto accident occurs.

Common Throttle Defects


Fuel-injected cars use a throttle body as part of an intake system that controls the amount of air flowing into an engine. The intake and throttle should be a direct function of how far the driver presses the accelerator pedal.

Stepping on the pedal initiates a sensor called a throttle position sensor which is meant to measure zero acceleration to full acceleration. This sensor relays the pedal position to adjust fuel injection and speed. Should this system be faulty, sudden acceleration and stalling could occur and lead to serious car accidents and catastrophic injuries.

Throttle problems can be related to dirt and grime, design defects, manufacturing defects, electrical defects, or vacuum leaks. Throttle Defects can present in the following manners:

  • The ‘Check Engine’ Light is activated
  • Car is Jerking or Hesitating when accelerating
  • Idle Surging
  • Stalling Engine
  • Difficulty while changing gears.
  • Fuel economy of a car drops

Auto Defect Injuries


Thousands of American motorists are at risk when car manufacturers fail to produce safe components and do not adhere to normal safety standards set by the National Highway Traffic Safety Administration.

Sudden acceleration can lead to a serious accidents when a motorist is unable to control the car’s throttle. The resulting injuries can include:


Uncontrolled Acceleration Lawsuits


Legal action is necessary after auto defects are discovered because not only do victims need to be compensated for injuries and damages, but manufactures must be held responsible for their corporate actions. Motorists and victims in Ohio should document their accident and contact an experienced attorney to take appropriate measures.

Several auto companies have been sued in recent years in product liability lawsuits, resulting in large settlements and rightful compensation for accident victims.

In 2014, Toyota Motor settled with the Justice Department for $1.2 billion after the company lied to regulators and the public for years about the sudden acceleration of its vehicles. Toyota’s alleged negligence led to numerous preventable injuries and fatalities.

Toyota admitted that it misled Americans by making untrue statements about the safety problems that caused an unintended acceleration. There have been a number of similar cases in the last 20 years, and auto manufacturers must be held accountable to ensure safety standards are met in the future.


Contact an Auto Defect Lawyer


There may be several factors and individual safety issues linked to sudden acceleration accidents, including defective design and manufacturing defects. Floor mats that stick or catch to gas pedals can lead to deadly road accidents.

Car and motorcycle manufacturers have a duty to ensure their products are safe before they are sold to consumers. Should they fail to properly test vehicles and an accident occurs, victims may contact an accelerator defect lawyer to investigate and file a product liability claim.

The Lyon Firm works with Accident Investigators to determine the root cause of a sudden acceleration accident and identifies who may be held accountable to recover compensation and damages.

photo of attorney Joe Lyon
A Voice for Those who have suffered

Why are these cases important?

Serious injuries and accidents often result through no fault of the injured party, yet the injured victim suffers from life altering physical, mental and financial losses. Such economic and human losses can have devastating financial consequences on individuals and families if not properly compensated. Tort law allows those individuals to seek just legal recourse through personal injury lawsuits.

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Questions about Personal Injury Cases

What is a Personal Injury Lawsuit?

Any kind of negligence by an individual or company that causes injury or harm can lead to filing a personal injury lawsuit. The amount a plaintiff is entitled to depends on several factors, particularly how egregious the act and how serious the injury.

Personal injury attorneys generally only will take cases on a confidential and contingency fee basis, which means your lawyer will only get paid if he or she is able to reach a settlement or positive verdict. The Lyon Firm will review your case for free and assess what compensation any plaintiff can expect through litigation.

Personal Injury cases can range from minor auto accidents to complex lawsuits filed against large corporations. The Lyon Firm has handled both with equal care. Severe injury requires legal action on occasion, no matter if the injury is the result of a vehicle accident, a dog bite, a boating accident, workplace injury, defective consumer products, medical malpractice, or toxic exposure.

What is the Process?

Pre-Suit Investigation and Negotiations: Personal injury lawsuits are unique and require a thorough investigation before a lawsuit is filed. An initial investigation involves gathering all relevant medical records, accident reports, and interviews with available witnesses.  Preservation letters are drafted to notify the defendant of the case. The duty to preserve electronic evidence is critical in most cases to prevent spoliation.

Filing a Lawsuit in Cincinnati: If pre-suit negotiations are unsuccessful, then a lawsuit must be filed to preserve the statute of limitations.  Filing a lawsuit early in the process is often necessary to begin gathering evidence while the witnesses memories are fresh and documents remain available.

Once suit is filed by your personal injury lawyer, the court will set a case management schedule and the parties will begin exchanging information in the formal process of discovery. Depositions will be taken to preserve testimony for trial and to understand what certain witnesses are likely to say at trial.

Proving Negligence, Causation and Damages: In addition to lay witness testimony and other documentary evidence, personal injury claims rely upon medical and scientific evidence to prove negligence, causation and damages. The chosen expert in a case must have a reliable and sound basis in science and in the facts of the case or his opinion may not be admissible under the rules of evidence.

In the areas of Toxic and Environmental Torts, the admission of expert testimony may be scrutinized harder than in other areas simply because the subject may not have been as widely tested and may rest on novel scientific theories.

Has My Car Been Recalled?

Consumers can follow recall news or search for current and past recalls on the Web sites of the NHTSA, as well as on other car safety advocate outlets. Look on your car windshield for a 17-character Vehicle Identification Number. Your VIN is also located on your car’s registration card.

If your car has been recalled and you have suffered an injury, contact an auto defect attorney to investigate a potential claim

Can I File an Auto Defect Lawsuit?

You may not be aware that your car is defective. It is not always obvious when your seat belt or other safety component fails to function as intended. It can take an expert in auto engineering to determine what contributed to an accident or injury.

You can contact The Lyon Firm, and we will work diligently to review your auto accident case. If an auto defect was in part responsible for an auto injury, a lawsuit can be filed and a large settlement is likely.

If negligent manufacturers and automakers are directly responsible for an auto-related injury, a product liability and personal injury lawsuit may be filed and compensation may be recovered for accident victims. Plaintiffs may seek compensation that may include property damages, past and future medical expenses, lost wages and future earnings, and pain and suffering.

The Lyon Firm takes pride in representing consumers to make America’s roads safer by holding negligent auto manufacturers accountable for auto defects that lead to accidents and injuries. When car makers fail to institute basic safety measures and fail to test auto components before releasing cars tot he public, they may be targeted in product liability lawsuits.

Did an Auto Defect Cause my Accident?

Auto defects have been known to cause accidents in tire failure, tread separation accidents, brake malfunction and sudden acceleration cases.

Auto defects may not cause every accident, but they can play an integral part in causing injury in the event of an accident. This is common in defective seat back collapse, seat belt defects and airbag defects. When these crucial safety features fail to function as they were intended.

Who is Responsible for Auto Defects?

Auto manufacturers and car makers can be held liable in auto defect lawsuits. Many automakers outsource some of their production and may not always be aware of some defects. Honda, for example, purchased all their defective airbags from Takata.

Some defective auto part suits name other defendants like negligent auto dealerships or auto repair shops who alter car parts or fail to properly repair automobiles and leave a serious safety risk.

What Cars are Defective?

The list of defective automobiles changes each year, and it is more likely that certain components are defective rather than an entire brand name. Nowadays many car makers use the same third-party suppliers, which compounds safety issues when a defective auto part is produced.

What are the Most common Auto Defects?

In recent years, the most common auto defects have been faulty airbags. Millions of cars were recalled for defective airbags. Other common auto defects are defective throttles, defective car software, and tire failures. Tire failure has been an issue in many car accidents and truck accidents.

Why Hire a Product Liability Attorney?

A Cincinnati Auto Defect Lawyer can assist in not only reviewing your accident and injury case, but is able to hold large corporations accountable for the negligent actions in releasing unsafe products to the public.

Auto companies must be held liable in order to keep the roads safe in America. So not only can The Lyon Firm seek compensation for injured plaintiffs, but we can file lawsuits to punish car makers for failing to properly test their auto parts before they are sold to the public.

When car makers fail to produce reliable cars and fail to provide basic road safety features, the National Highway Traffic Safety Administration and product liability attorneys can hold them responsible and help mitigate injuries and future damages.

The majority of accidents and injuries on the road are preventable, but defective auto design and manufacturing defects may leave victims with huge medical costs, lost wages, pain and suffering, and, in many cases, permanent injuries.

Our Victories

The Lyon Firm aggressively, professionally, and passionately advocates for injured individuals and families against negligent individuals or companies to obtain just compensation under the law. 

$1,000,000

WRONGFUL DEATH: DISTRACTED DRIVER

(Brown County, Kentucky):   The Lyon Firm was second chair a case involving a driver texting and driving when he crossed the median, killing a father of four. The case was resolved once discovery confirmed the cell phone records proved the texting-related incident. The settlement will pay for the surviving childrens’ education. The driver was likely facing additional criminal charges at the time of the settlement.

$495,000

MOTORCYCLE ACCIDENT

(Cincinnati, Ohio):  The Lyon Firm was lead counsel in a $495,000 settlement. This case involved a motorcycle operator who sustained fractures of the calcaneus, talus, medial cuneiform, tarsal bones, and tarsometatarsal when a car ignored its driving lane and crossed into his right-of-way. Settlement provided repayment of medical bills of $20,000 and funds for future education to re-enter the work force in a less physically-demanding job.


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