Unexpected and frightening acceleration issues have plagued drivers for decades. While automakers have long blamed drivers, recent revelations and litigation victories demonstrate otherwise. Pennsylvania drivers suffering property damage, injuries, or wrongful death from sudden unintended acceleration accidents have legal options to pursue automakers for compensation. This article explores common causes, overcoming automaker defenses, and effective legal strategies for Pennsylvania victims.
What Causes Sudden Unintended Acceleration?
Despite years of denial and victim blaming by automakers, most sudden acceleration incidents stem from vehicle defects rather than driver error. Typical causes include:
- Faulty Floor Mats: Improperly secured floor mats can slide forward and jam the accelerator pedal open. Toyota’s 2009-2011 recall addressed this issue.
- Sticky Pedals: Worn parts inside the accelerator can cause it to stick in the open position. This prompted Toyota’s 2009-2010 sticky pedal recall.
- Pedal or Sensor Defects: Malfunctioning electronic throttle control systems, sensors, or pedal assemblies can trigger sudden acceleration. GM, Chrysler, and Toyota models have faced related lawsuits and recalls.
- Ignition Issues: Some GM vehicles with faulty ignitions could shut off during driving and disable power brakes and steering, leading to acceleration as drivers panic.
- Transmission Problems: Transmission defects in numerous makes and models can cause sudden surging. Ford and Honda have announced recent recalls for this issue.
- Cruise Control Glitches: Malfunctioning cruise control components may cause sudden acceleration. A Nissan recall addressed this hazard.
Overcoming Automaker Defenses
For years, automakers facing sudden acceleration lawsuits blamed drivers for pedal misapplication or confusion. However, evidence frequently refutes these driver error defenses. Strategies for disproving automaker claims in Pennsylvania include:
- Vehicle History: Documenting no prior sudden acceleration incidents and driver expertise weakens claims of driver error.
- Lack of Motive: Drivers stopped at lights or pulling into driveways have no motive to press the gas pedal. This helps overcome pedal misapplication claims.
- Brake Evidence: Scorch marks on rotors and brake fluid testing can prove drivers stepped on the brakes, contrary to automaker allegations.
- Event Data Recorders: EDR download reports can reveal pedal and throttle positions during incidents, pinpointing defects.
- Recall Evidence: Similar acceleration issues triggering recalls can show a design flaw rather than driver mistake caused the crash.
Pennsylvania Strict Liability Claims Against Automakers
Pennsylvania recognizes strict product liability claims when design or manufacturing defects render vehicles unreasonably dangerous. Drivers must show:
- A defect that existed when the automaker sold the vehicle
- The defect made the vehicle unreasonably dangerous
- The defect caused the plaintiff’s injuries or damages
Notably, strict liability focuses on the vehicle itself rather than the automaker’s conduct. However, plaintiffs may also pursue negligence claims if the automaker failed to address a known safety issue, fell below design and testing standards, or intentionally concealed defects.
Statute of Limitations Concerns
Pennsylvania imposes a two-year statute of limitations generally requiring drivers to file suit within two years of their sudden acceleration accident. However, an exception applies if automakers fraudulently concealed the defect. In such cases, the two years runs from when plaintiffs knew or reasonably should have known about the concealment and defect.
Effective strategies like requesting EDR data immediately through court orders, sending automakers detailed notice of defects pre-litigation, and seeking timely recalls and repairs can help demonstrate diligence in investigating causes. Consult an experienced Pennsylvania automotive defect attorney to ensure your claim remains viable.
Pursuing Fair Compensation
Sudden unintended acceleration wrecks inflict devastating harms spanning wrongful death, permanent disabilities, traumatic brain injuries, disfigurement, lost wages, and pain and suffering. Retaining seasoned product liability attorneys helps maximize compensation through tactics like:
- Thoroughly investigating accident causes and refuting automaker defenses
- Retaining expert accident reconstructionists, engineers, and medical specialists
- Documenting the full scope of your financial and non-economic damages
- Skillfully presenting evidence of design and manufacturing defects
- Aggressively negotiating with automakers for top-value settlements
Contact Our Experienced Pennsylvania Vehicle Defect Attorneys Today
Don’t delay in protecting your rights after sudden unintended acceleration causes catastrophic harms in Pennsylvania. Our dedicated legal team has successfully battled automakers and their insurers for decades. We have the resources and tenacity to take on complex cases and the sensitivity to compassionately guide injury victims through the legal process. Contact our experienced Pennsylvania automotive defect attorneys today for a free, no-obligation case review. We’re committed to holding automakers accountable and obtaining maximum compensation for sudden acceleration accident victims.
With 32 offices located in 19 states, including Pennsylvania, Tennessee, and Virginia, we’re well placed to take your call. Call us now on (888) 477-0597 to begin claiming the compensation you rightfully deserve.