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Accelerating Out of Control? What to Do

By Paul Fleming

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Published: 09Nov2009
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There has been a great deal of publicity surrounding the recent recall of Toyota and Lexus automobiles. As reported by ABC News, owners are rebelling over a series of more than 200 accidents caused by sudden acceleration.

Safety analysts have discovered more than 2000 instances among Toyota models including the Camry, Prius and various Lexus models, where cars were accelerating out of control up to 100 miles per hours without warning. The manufacturer has consistently blamed the problem on floor mats saying the mats are getting stuck under the pedal, but drivers are rightfully skeptical. As a result, there was a national recall regarding the floor mats, affecting many vehicles.

NHTSA , The National Highway Traffic and Safety Administration , has conducted six investigations on sudden surges in Toyota models since 2003 and has not found any defect in the electronics system, and yet the instances keep occurring.

Regardless of the cause, this is a scary situation for which every driver should be prepared. Based on suggestions from engineers at Consumer reports, here are some "Do's and Don'ts" that every driver should find helpful:

DO:

Be Prepared - Familiarity with the vehicle, its operation and the geography is important to staying in control.

Stay Calm - Resisting the urge to panic will help in making good decisions.

Know How to Quickly Shut Down the Engine - Modern vehicles can be confusing to operate. Some require the turn of a key, while others depend on a power button. Drivers should read the manual to ensure that they can safely shut down the engine before encountering a dangerous situation.

Know How to Shift Into Neutral - Many modern vehicles can be complicated and finding Neutral can be difficult. This is compounded by the fact that most drivers rarely need to use it. So drivers should familiarize themselves in advance on how to shift their vehicle into neutral.

Break Hard and Consistently - Consistent pressure is of key importance when trying to slow a vehicle that is accelerating out of control.

DON'T:

Don't Pump the Brakes - Many drivers are instructed to pump their brakes in a routine driving situation. Out of control acceleration is not routine and pumping the brakes may cause a complete loss of braking ability. Drivers facing this situation should break hard and consistently.

Don't Shut the Engine Off While Moving - Initially, this may not make sense, but the engine provides power to other parts of the vehicle necessary to regain control, such as power steering. To quickly regain control of the vehicle, drivers should not shut off the engine.

Any driver that finds themselves in a situation where the vehicle is accelerating out of control should:

1) Apply Firm and Continuous Pressure to the Brakes

2) Shift the Vehicle's Transmission Into Neutral

3) Shut Engine Down After You Come to a Stop

Often, small problems can develop over time to contribute to such a situation; if a vehicle exhibits symptoms of an acceleration problem, they should not be ignored. Consumers should contact their dealer immediately and make sure that the situation is addressed by a service professional. If the dealer claims that there is no solution to the problem, consumers should document the service attempt by obtaining a repair invoice illustrating an attempt at having the condition repaired under the manufacturers warranty. Should this problem persist, consumers may want to consult a qualified lemon law lawyer in their state.

Lemon laws exist in almost every state, but can dramatically differ in how they define a lemon. Most give the manufacturer the opportunity to repair a defect in an established number of repair attempts. However, other states impose increased requirements on manufacturers, which act to broaden the state's definition of a lemon. For example, some states give the manufacturer only one attempt to fix a problem that could cause serious bodily injury or death. Since this can vary by state, consumers would be wise to speak with an attorney familiar with the lemon laws in their state.

In conclusion, the recent recalls of Toyota and Lexus vehicles demonstrate that consumers must act to protect not only their personal, but also their financial safety. A daily activity for most, operating a vehicle can be a mundane part of life; however a dangerous condition can appear at any moment. Drivers must be prepared to protect their personal safety. Once assured that one's personal safety is protected, drivers should then act to protect their financial safety by understanding their consumer rights and speaking with a qualified lemon law attorney when necessary.

LemonLaw.com is operated by the law firm of Kimmel and Silverman, a lemon law firm with over 50,000 successes. Having offices thoughout the Northeast, LemonLaw.com has had great success with the lemon laws n every state in which its operates including the New Jersey Lemon Law, the Ohio Lemon Law. More information can be obtained by calling 1-800-LEMON-LAW or visiting http://www.lemonlaw.com/

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