California Auto Defect Lawyers File Lawsuit Against Toyota
BISNAR | CHASE, have recently filed a products liability wrongful death lawsuit against Toyota Motor Corporation and Toyota Motor Sales USA. The lawsuit follows a rollover crash in which driver, Jeffrey Bachman, died due to alleged defects in the 1998 Toyota 4Runner he was driving.
According to court records, in April of 2008 Jeffrey was driving a 4Runner SUV in North Carolina when the vehicle suddenly swerved and rolled over numerous times. The roof of the SUV crushed inward, causing Jeffrey to be partially ejected from the 4Runner and sustain severe and devastating head injuries including skull fractures and fractured vertebrae.
"Tragically, Toyota's 4Runner SUV offered Jeffrey zero protection against mortal injuries during this rollover crash," said Brian Chase of the BISNAR | CHASE auto products liability firm. "As far as handling, it's unlikely that even a professional driver would have been able to regain control of this SUV. We believe Toyota acted in callous and negligent disregard for human safety by allowing its 4Runner to be sold to the public in the first place, knowing it was wrought with defects."
The suit alleges that the Toyota 4Runner Jeffrey was driving had a high center of gravity and a too narrow track width which made it laterally and directionally unstable. This may have caused the car to swerve and topple over before Jeffrey could regain control. Further, the pillars and windshield headers and roof rails were lacking in sufficient strength and structural design to withstand minimal roof crush forces without harming the vehicle's occupants. The use of tempered glass in the side windows and the lack of side air bags failed to protect Jeffrey from ejection, which caused the fatal injuries that led to his death.
Toyota May Have Been Aware of 4Runner Defects
Allegedly, before the Toyota 4Runner was manufactured, it was found by the Federal Registry, to be the number two most likely vehicle in its class to tip and roll over. During Toyota's own in-house testing, the 4Runner was found to tip at speeds around 35 mph, exposing the vehicle's instability. The suit also claims that the defective and unsafe windows of the 4Runner did not comply with Federal Motor Vehicle Safety Standard 205. The absence of airbags made the vehicle all the more unsafe and unable to prevent ejection.
According to the lawsuit, the 4Runner has been misrepresented as a safe SUV. All marketing, advertising, and promotional materials make the 4Runner appear safe for its intended purposes, yet the third generation 4Runner is lacking in safety features and a sound structure.
The lawsuit is pending in the State of North Carolina, County of Durham. The case number is 10CV002375.
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