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Toyota Motor Corporation's product liability for unintended acceleration and braking problems, which has reportedly led to 10 million recalls and counting, would eventually be found to be manufacturing and/or design safety defects.

From the reported accounts of several accidents involving sudden acceleration and brake failure, the safety defects may, hopefully for Toyota, be limited to accelerator-pedal trapping floor mats, sticking accelerator pedals, and inconsistent anti-lock brake systems (ABS), and not include defective electronic throttle control systems (ETCS) or stirring systems, on Corollas, Camrys, and other Toyota models.

Toyota's global recalls have included Prius and Lexus hybrids, which indicate that the safety defects related to unintended acceleration and braking problems are systemic in nature.

Indeed, Toyota dealers nationwide have reportedly begun fixing accelerator pedals on recalled vehicles by installing a precision-cut reinforcement bar into the accelerator pedal assembly to eliminate the excess friction that has caused pedals to stick on occasions.

Dealers will also place reconfigured accelerator pedals and newly-designed floor mats on affected models to remedy floor mat pedal entrapment, and remedy the inconsistent brake feel of the anti-lock system (ABS) in 2010 Prious.

Moreover, Toyota will install a brake override system that cuts the engine on simultaneous application of accelerator and brake pedals. Even as Toyota is implementing the brake override system, it asserts that it "is confident that no defect exists in the electronic control unit (ECU)."

Manufacturing Versus Design Defects:

A. Manufacturing Defects:

The manufacturing process of a product consists of the formation, assembly, adjustment, combination, or processing of raw materials or ingredients according to the product design, per CCH, I Products Liability Reporter, Section 4785. Thus, manufacturing defects may arise from improper formation, faulty assembly or adjustment, incorrect composition, or defective raw materials or component parts.

Toyota has identified the manufacturing defect that causes sticking accelerators as the: "friction device that includes a 'shoe' that rubs against an adjoining surface during normal pedal operation. Due to the "materials used, wear and environmental conditions," these surfaces may begin to stick.... In some cases, friction could increase to a point... that the pedal sticks, leaving the throttle potentially open."

In one of the early Firestone cases filed by this Author in August 1999, with the Superior Court of Los Angeles County, the left rear tire of the injured family's Ford Explorer, a 1994 Firestone Radial ATX, had its tread along with one steel ply coming off completely all the way around the tire.

It caused the 1995 Ford Explorer running at 65 miles per hour on US 101 Freeway in Solvang County, Santa Barbara, California to run out of control and overturn, injuring a couple and their two minor daughters in a nonfatal accident in August 1998.

Bridgestone/Firestone Inc., settled before trial based on the expert report of Transamerican Consultant Engineers, Inc., obtained by this Author, which concluded that: "(T)he cause of the tread separation was due to a poor bond between the steel plies due to failure of the brass plating on the wires to completely fuse with the sulfur in the rubber during the vulcanizing process."

That case exemplified the manufacturing defect of incorrect composition or defective bonding materials.

B. Design Defects:

The designing of a product consists of the selection of materials and their intended construction as to size, shape, inclusion, and arrangement of component parts, per CCH, I Products Liability Reporter, Section 4745.

Thus, defects in design may take the forms of inadequacies in the plans or specifications, in the choice of materials for the product composition, or in the absence of safety devices or features.

Toyota's installation of a precision-cut reinforcement bar into the accelerator pedal assembly is a design safety device to remedy sudden acceleration. And its reconfiguration of the shape of the accelerator pedal and newly-designed floor mats are likewise design remedies to avoid floor mat pedal entrapment. Moreover, the installation of a brake override system is another design safety feature.

The placement of fuel tanks close to the rear bumpers in Ford's Pintos in the 1970's, which in a 1978 case in Orange County, California, caused the gas tank to explode in a rear-end collision, exemplified the design defect of inadequate plans or specifications.

Defective vehicle design was also at issue in the January 2002 roll-overs of a 1997 Ford Explorer SUV, which left a mother of two paralyzed from the waist down when the Explorer's roof caved in.

The San Diego jury found that Ford knew that the Explorer had design defects that increased its propensity to tip over, as well as its inadequate roof strength. The U.S. Supreme Court let stand the $82.6 million award to the paralyzed California women, which included $55 million in punitive damages.

Conclusion:

A vehicle recall is an admission of a defect or defects, whether manufacturing or design or both. Hopefully, the recall of Toyota vehicles would cure the defects. And Toyota would be liable only for the reduction in value and loss of use of the vehicle while being fixed. Otherwise, it may be liable also for punitive damages if it knew the defects all along.

For accident cases resulting in bodily injuries or deaths for sudden acceleration and failure of the brakes, the plaintiffs need to prove by a preponderance of the evidence either manufacturing or design or both defects through reconstruction and automotive experts.

Toyota Motor Corporation through their own experts will need to prove lack of defects or lack of causation for the injuries or death, that is, the loss of control of the Toyota vehicle was due to driver error. The jury and the appeal courts in case of appeals from the jury award or defense verdict will decide the outcome.

Our adversarial system of deciding legal disputes in courts would hopefully do justice to whom it is due.

Atty Roman P. Mosqueda is a graduate from Michigan Law School with both a Doctorate of Law and LLM. The Law Offices of Roman P. Mosqueda are a full service law firm that handles all types of cases such as divorce, immigration, bankruptcy, personal injury, and more. Call (213) 252 - 9481 for a free consultation today!

Offices are located at:
Los Angeles: 3055 Wilshire Blvd Suite 425., Los Angeles, CA 90010
(213)252-9481
Riverside: 3797 Tenth Street, Riverside, CA 92501
(951)683-6615
Long Beach: 1043 E.Anaheim St., Long Beach, CA 90813
(562)218-8600

Visit http://www.MosquedaLaw.com for more free articles written by Attorney Mosqueda and more information about his offices.

How Changing your Tire Size Could be Dangerous

When it comes time to replace your vehicle's tires, tire size is very important. If you ever switch to a different sized tire, you could damage your vehicle. Before switching tire sizes, do some research to ensure that it can be done safely.

Most drivers will not need to change their vehicle's tire size. Stock tire size is what your vehicle was designed to use. These are some vehicle components affected by changing a tire size:

•Both the speedometer and odometer are calibrated based on the height of your tires. Taller tires would make the speedometer read slower than actual speed. Shorter tires would show a higher speedometer reading.

•Newer vehicles have internal computers that base calculations on the tire's height. Components, such as Anti-lock Braking Systems, could fail with a different tire size.

•Stock suspension could have additional stress with a taller tire, resulting in faster wear and/or failure. For substantial increases in tire height, you should upgrade from stock suspension.

Despite these concerns, some circumstances do require a tire size change. For someone looking to modify their vehicle, the wheels are often the first place to start. Stock wheels are often plain and don't attract much attention. When people switch their vehicle's wheels, they upgrade to a larger diameter stock wheel. These people get a lower profile tire that is close to stock tire height. Most tire industry professionals recommend no more than a 3% height difference from stock. Of course closer is better.

Sometimes there is poor selection in a vehicle's stock tire size. With common tire sizes, each major tire manufacturer offers at least several choices. Some rare tire sizes are only manufactured by a few companies. If those few tire choices don't match your climate and driving style, you might need to change tire sizes. You can often find a similar tire size with more choices.

If you insist on switching tire sizes, double check with some tire industry professionals. Your car dealer will likely try to persuade you from altering any stock specifications, but ask anyway. Check with some tire shops, but beware they might put the sale as the first priority. Another good place to ask advice is in automotive forums. Find a good forum specific to your vehicle type and ask their opinion. You'd be surprised how easy is it to find someone else who has already tried a tire size. Be aware that people on forums aren't necessarily industry professionals.

You can do your own research and try using a tire size calculator featured on various automotive websites. These tire calculators allow you to compare specifications of different tire sizes. They display the tire height, width, RPMs, speedometer difference and more. These tools aren't exact as a tire size can slightly vary from one tire model to another, but they are very good tools. So use a tire size calculator as a general guide. Then confirm your calculations with a tire industry professional. You can also find the exact measured height of each tire model if you visit the tire manufacturer's website.

When possible you should use your vehicle's stock tire size. Don't switch just because you find a good price in a different size. A lot of things in your vehicle were designed for the stock tire size. If you do have to switch tire sizes, make sure the size is safe for your vehicle.

About the Author

Visit www.1010tires.com to buy tires and wheels with features like tire reviews, technical articles and more.
To compare tire sizes now, try this tire size converter. Also click here for tire review information.

What size bolts are needed to remove a 1992 civic brake drum?

There are two holes in the drum to screw in bolts to press the drum off. The manual doesn't say what size / thread pitch to use.
Nevermind - i found it on wikianswers. 8mm x 1.25 mm - 40 to 50 mm long.

I'll leave the question up in case anyone else wants to know the answer.

They are 12mm but first used a rubber hammer and gently hit it. Tighten one first then the other one slow, slow like if you were making love, take it easy, one at a time

Heavy-duty Rams make big news
Sales of large pickup trucks were hard hit as the U.S. economy slowed. Regardless, auto manufacturers are introducing new heavy-duty trucks this year with many improvements.

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