Mar1Written by:Bob Cohen
3/1/2010 5:14 PM 
As you have heard for several weeks now, Toyota is recalling millions of its popular vehicles due to multiple and varied problems including:
- Car floor mats getting tangled with the gas pedal (causing sudden, unintended, out of control acceleration)
- Accelerator pedals that stick (causing sudden, unintended, out of control acceleration)
- Suspected electronic ignition defects
- Possible electronic throttle control systems
- Suspected computer software glitches, all which may impede the driver’s ability to safely drive his or her Toyota vehicle and cause it to accelerate at high speed, without warning
While the number of reported “out of control Toyota car incidents” is perhaps only in the hundreds to low thousands of complaints to date (depending upon who you choose to believe), no one knows for sure how many incidents have occurred, since many people never complain about momentary problems with their cars – even if it is sudden and unexplained acceleration.
The U.S. National Traffic Safety Administration (also known as NHTSA and coming within the umbrella of the Federal Department of Transportation) has issued a “consumer advisory” to Toyota owners and drivers, specifically inviting consumers to call the NHTSA on its “Hotline” at 1-888-3227-4236 for more information.
Toyota Class Action Lawsuits
Understandably, many Toyota owners are concerned about their safety, the safety of their loved ones that drive their Toyota vehicles and the declining value of their specific Toyota cars.
Our Congress is also concerned. Mr. Aki Toyoda, President and grandson of Toyota Corporation’s founder, spoke to Congress last week apologizing for known and “unknown” Toyota vehicle problems and defects, promising that his company was taking immediate action to correct safety problems with Toyota vehicles, and that he has “placed the highest priority on improving (vehicle) quality over quantity.”
Unfortunately, Mr. Toyoda’s apology and promises, as sincere as they may be, will not bring you, the consumer, immediate relief. His statements are not a guarantee that Toyota will invest the billions of dollars necessary to fix all known and unknown defects that your Toyota vehicle may have. And without question, Toyota will never voluntarily refund you any loss in the value of your vehicle. After all, Toyota is in business to make a profit, first, last and always. Just ask Dimitrios Biller, a “whistle blowing” former Toyota defense lawyer (and member of the California Bar) who accuses Toyota of deliberately withholding critical evidence in consumer Toyota safety lawsuits and from the NHTSA, which regulates auto safety.
Because of these serious and varying issues, numerous lawyers and legal teams, across the country have filed class action lawsuits, seeking damages for breach of warranty, fraudulent concealment, unjust enrichment, breach of contract and breach of the warranty of good faith, implicit in every commercial transaction.
In late March, groups of lawyers, representing Toyota owners will be asking the U.S. District Court in Los Angeles and San Diego to consolidate the many individual and class action lawsuits pending against Toyota into a single, national class-action suit.
If you’re invited to participate in such a class action lawsuit against Toyota or any other company, here are a few things you should consider.
What is a Class Action Lawsuit?
In a class action, a few victims represent a larger number of people who have suffered a loss, an injury or damage from a product or service, and the entire class of participants shares the monetary settlement, or verdict achieved. Generally class action suits are settled – but not always!
Class actions are designed to obtain fair compensation or other types of relief and redress for the harm done to a large number of people. Examples of class actions include dangerous drugs, defective products, toxic exposure and more.
Some Reasons to Participate
Because of economics, it is generally impossible for an individual to sue a major public corporation, however, participating in a class action lawsuit enables individuals to take legal action against a large company, in effect giving hundreds and in this case potentially millions of David’s (the consumers) a fair fight against a huge Goliath (in this case Toyota Motors).
While individual monetary compensation may be small, the collective damages against a company may deter future wrongdoing and bring justice to an otherwise unjust situation.
Some Reasons Not to Participate
As a class member in a suit, you may receive very little compensation and it may be many months, even years, before you receive any compensation at all.
Also, by participating in a class action, you may no longer have the right to take legal action on your own.
Bottom Line
Whether or not you decide to join in or opt out of any class action lawsuit is up to you. An attorney can provide you more detailed information on the many pros and cons of participating in any lawsuit.
But remember this, if it were not for lawyers and class action lawsuits, multinational companies such as Toyota would be less likely to take responsive action to consumer demands and place consumer safety ahead of corporate profit.
Robert M. Cohen
Attorney at Law
Attorney Member, Walker & Walker Legal Network at 1-800-THE-LAW2