On August 10, 2008 my wife, Elizabeth James, experienced an unintended acceleration of our Prius resulting in a totalled car and long term minor injuries for her (chronic back pain, obstructed intestines). I am pasting her accident report to the police below.
NHSTA has checked out our after market floor mats which could have caused the problem but my wife claims that they were not the problem, that she looked at her feet to be sure they were on the brakes and the mats were still in their usual place as they had been for almost 10 months.
Here is what she states on the morning after the accident:
I was alone, driving my 2005 Toyota Prius. I was traveling from my home in Eagle, Colorado, in route to Denver International Airport to fly to Little Rock, Arkansas to visit my father. At approximately 7:45 am I was driving eastbound on I-70. I had passed the intersection of I-70 and US Hwy 40 and was watching my speed, as the limit was 65 mph. I was in the right hand lane. I had to apply my brakes to keep the speed at 65 mph. I noticed that when I let up on the brake the car was starting to speed up even though I was not pressing on the accelerator. I had not been using the cruise control. I was going downhill so at first it did not occur to me that there was a problem. Suddenly the car started to accelerate. No matter how hard I pressed on the brake, the car would not slow down. While keeping my right foot on the brake I slammed my left foot on the emergency brake and saw the red light go on, indicating that I had engaged the emergency brake. The car continued to speed up. When I looked at the speedometer I was going 90 miles per hour. I was quickly approaching the car in front of me, unable to slow down. I passed that car on the right hand shoulder and then saw an exit ramp ahead (exit 233, Lawson).
I exited off I-70 and proceeded down the Lawson ramp, I continued to press as hard as I could on both brakes and the car was not slowing at all. In my rear view mirror I saw blue smoke coming out of the back of the car. I traveled through the stop sign and continued down the frontage road through the town of Lawson. I saw some pedestrians walking on the right hand side of the road. After passing the pedestrians I saw that the road was curving to the left, going under an underpass to 1-70. I went straight ahead, leaving the road and crashed through the forest. This whole time I had been pressing on both brakes, and the car was not slowing down at all. I felt the car tumbling and was aware of the air bags deploying. I finally came to a stop.
I tried to find my cell phone but when I saw that I was in the river I crawled out of the car, waded through the water, over rocks and tree limbs and climbed up a steep embankment to the highway to get assistance. I am hurt. I have intense back and neck pain, as well as pain in my right ankle and heel. I am extremely sore all over with some scrapes and bruises.
This is husband Ted again, I am working on a video to put on youtube where I have some photos of the car in the river plus video and photos I shot of the car and the accident scene plus footage I shot when the Toyota engineer was evaluating the vehicle.
Toyota's official postion at this point is that the accident was caused by her brakes being worn out prior to the incident.
Here is text from a letter sent by my lawyer to a legal claims employee with Toyota:
December 5, 2006
Toyota Motor Sales, U.S.A., Inc.
Troy H Higa Claims Administrator
Legal Department
19001 South Western Ave Torrance, CA 90501
RE: Toyota Reference FCRP200609051499, 2005 Toyota Prius, VIN#JTDKB20U657045329 Dear Mr. Higa: I received your letter via fax, dated October 23, 2006. Frankly, I was disappointed in the approach taken by Toyota with regard to this accident and the defect in your product. I firmly believe this is the tip of the iceberg in terms of this defect, and it is clearly a problem which Toyota Motor Company needs to address.
By the grace of God, Elizabeth was not injured more seriously or killed as a result of this defect. It was only her quick reactions and level headedness which avoided injuries to the public or greater property damage.
The sales of Prius vehicles are quite brisk and this defect represents a huge safety concern for the public. The long-term cost to Toyota is going to be much greater if Toyota continues its present course and merely ignores this defect. This entire strategy is out of line with Toyotas stated policy and guiding principles. It is possible, I guess, that only Mrs. James vehicle was defective, but I will be surprised if that, in fact, turns out to be true. Continuing to ignore this problem in the long-term will mean greater injuries on the road and possible deaths.
One of Toyotas guiding principles is the protection of the public and the promotion of public safety. Ignoring this defect, particularly when Toyota is in a unique position to determine the source of the defect is unconscionable.
One of Toyotas guiding principles is that it strives to provide clean and safe products.
This defect creates a totally unreasonable risk to public safety. The current course taken by Toyota is not a morally appropriate or financially advantageous strategy. Toyota should be working, in earnest, to determine precisely what caused this vehicle to accelerate and why this acceleration was not disengaged when the brakes were applied. The goal of Toyota should be to earnestly investigate this defect and get it remedied before further injuries occur or lives are lost.
I am amazed at the shallowness of Toyotas analysis in this case. I expected more from the number one car maker in the world. The James have been loyal Toyota customers over the years having purchased three Toyota vehicles. The clinets have purchased Toyota vehicles for their quality and innovation. Toyota has always presented itself as company committed to quality and serving the needs of its customers. Ending the analysis with a determination of brake failure is extremely short-sighted and does not reflect a commitment to producing safe products or to meeting the needs of the customers.
Given this vehicles unintended and uncontrollable acceleration, one would expect the brakes on this vehicle to be completely used up. The fact that the brake linings are completely worn down to the metal illustrates only the efforts she was putting forth to attempt to stop this vehicle.
Toyotas conclusion that this accident was caused by excessive brake wear is simply a diversion to avoid determining the true source of the defect. In our telephone conversation and in your letter, you indicate there were signs of previous brake wear. I would like to know what evidence you have to support this conclusion.
The brake shoes and pads were taken down to the shear metal in an attempt to stop this vehicle. I can see no evidence which would point to prior excessive brake wear. This vehicle was less than a year old and had approximately 14,000 miles on it. Brake wear is simply not an acceptable answer.
Your analysis in this case is an inch deep and falls far short of the rigorous analysis necessary to find the source of the defect and the remedy to ensure the public safety. Mrs. James was not the first one to experience this unintended acceleration. Apparently, an individual in Woodland Hills, California had a similar experience. See attached National Highway Traffic Safety Administration report dated June 15, 2006.
This is not an isolated incident. The grades and weight of this vehicle do not support a conclusion of improper brake usage. There was no problem with the brakes prior to the accident. My client is a 48 year old school teacher and mother of two. She is a highly experienced driver with an impeccable driving record. She has traveled the mountains of Colorado for many years and is very experienced with mountain driving. She has lived in the mountains of Colorado years without incident.
Driver error does not make any sense and is simply a rouse to avoid Toyotas taking responsibility for its clearly defective product. I have attached a series of photos for your review. The grades and weight of the vehicle do not support Toyotas conclusion of worn brakes. The James Prius was not heavily loaded semi where brake failure could be a plausible answer. This was a woman with no passengers traveling on a Blue Bird day that had her car take off like a missile.
She used everything within her means to get this vehicle stopped resulting in the brake linings being completely destroyed. Stopping the analysis at brake failure is simply Toyotas way of avoiding a truth that they have a defective product which needs to be fixed. I sincerely hope Toyota is not involved in some sort of cost benefit analysis in choosing to ignore this defect. Mr. and Mrs. James continue to be hopeful that Toyota will step up to the mark and take responsibility for their defective product. The Toyota literature is full of lofty goals and pronouncements about being a global citizen.
This is where the rubber meets the road, is Toyota going to stand up and be a responsible citizen and take responsibility for its defective product? I anticipate having the little black box and computer from this vehicle examined and the data from those components read. It is my understanding that we may need additional information from Toyota to understand the codes we get from these components. Please let me know if Toyota will agree to provide this information without the need for formal discovery, or not. Please let me know within ten days if Toyota intends to change its position from that which was expressed in your October 23, 2006 letter so I can begin to make preparations to file suit without delay.
At present, I dont have any indication that serious injuries were involved in this accident, but certainly with the vehicle crashing into a gas station the potential for a real tragedy was present. The defect in these vehicles needs to be remedied before someone is killed. By my count this is the fourth incident which I am aware of involving a Toyota Prius failing to respond to the driver and accelerating out of control.
These incidents have occurred in California, Michigan, Colorado and now Washington. I am sure Toyota has heard about many more. Contrary to Toyotas public statements, public safety appears to be low on the priority list. It appears Toyota has adopted the dollars and cents approach to defects i.e. until the costs get too high no sense in trying to figure out what the defect is or try to remedy it?. You are on notice, the Toyota Prius is defective and the defect is of such a nature that serious injury and death may occur.
My client continues to want to find the source of the problem and be sure it is fixed to avoid future injury and possible loss of life. If Toyota changes its position and wants to determine the source of the defect to avoid future injury or loss of life, my clients Toyota Prius remains available for analysis.
The car was totalled. We still have it stored away as possible evidence for a court case. Our statue of limitations in Colorado runs out on August 9th of this coming summer.