Retired U.S. Army Colonel Files Lawsuit Against Toyota for Injuries Suffered in Sudden, Unintended Acceleration Accident Occurring in Northern Virginia

WASHINGTON--Robert J. Nelson of the national plaintiffs' law firm Lieff Cabraser Heimann & Bernstein, LLP, announced that retired U.S. Army Colonel Harry Williams of Woodbridge, Virginia today filed a personal injury lawsuit seeking general and punitive damages against Toyota Motor Corporation for severe injuries he suffered in an accident that resulted from significant safety defects in a Toyota vehicle. On January 23, 2009, Col. Williams was driving a 2009 Toyota Camry near the Jefferson Davis Highway in Woodbridge, Virginia when it suddenly accelerated and crashed.

“My job requires me to be sharp, focused and eloquent. This incident has caused me difficulties in my work and has negatively impacted my cognitive abilities, impaired my ability to concentrate and speak eloquently, and affected my mood and short-term memory.”

Col. Williams, age 50, served our nation on active duty in the U.S. Army for 26 years until his retirement in June 2008. During his service, Col. Williams earned two Master's Degrees and received several awards and honors. Since his retirement, Col. Williams has served as Chief of the Congressional Inquiry Division with the Office of the Chief of Legislative Liaison at Headquarters, Department of Army, in the Pentagon, Washington, D.C.

"The crash was a life-altering experience, causing major trauma to my neck and back as well as a traumatic brain injury," Col. Williams stated. "My job requires me to be sharp, focused and eloquent. This incident has caused me difficulties in my work and has negatively impacted my cognitive abilities, impaired my ability to concentrate and speak eloquently, and affected my mood and short-term memory."

"The complaint charges that Toyota for years was aware that its vehicles were susceptible to sudden unintended acceleration, leading to fatal accidents," stated plaintiffs' counsel Robert J. Nelson. "Yet, Toyota never made any significant changes to improve the acceleration and electrical systems of its vehicles, in spite of the availability of several safe and inexpensive modifications."

Allegations Against Toyota

The complaint charges that beginning in the late 1990s, Toyota manufactured, distributed, and sold vehicles with an electronic throttle control system ("ETC").

Unlike that of traditional throttle control systems, where a physical linkage connects the accelerator pedal to the engine throttle, in the ETC system, the engine throttle is controlled by electronic signals sent from the gas pedal to the engine throttle. A sensor at the accelerator detects how far the gas pedal is depressed and transmits that information to a computer module which controls the engine throttle. When Toyota first introduced the ETC, it continued to include a mechanical linkage between the accelerator and the engine throttle control.

Beginning with the 2002 model year, Toyota began manufacturing and selling vehicles without such a mechanical linkage. Further, Toyota's ETC system fails to include a failsafe measure, known as brake-to-idle override, used by other vehicle manufacturers. The brake-to-idle override instructs the ETC system to automatically reduce the engine to idle whenever the brakes are applied without success.

"The complaint charges that the lack of a brake-to-idle override failsafe in the Camry that Col. Harry Williams was driving played a direct role in the crash and injuries he suffered," commented Nelson.

The complaint was filed in federal court in Los Angeles as two of the primary defendants, Toyota Motor North America, Inc. and Toyota Motor Sales, Inc., are both California corporations with their headquarters located in Los Angeles. The complaint seeks general damages as well as punitive damages against Toyota for its failure to recall its vehicles due to a known, significant safety defect and refusal to take any steps to prevent sudden unintended acceleration accidents in order to increase its profits.

Description of the Accident

Retired Army Col. Harry Williams is a safe driver with an excellent driving record of more than 30 years. Prior to the accident, Col. Williams rented a 2009 Toyota Camry from Enterprise-Rent-A-Car.

On January 23, 2009, at approximately 7:30 a.m., Col. Williams, wearing his seat belt, was driving at a safe rate of speed, proceeding eastbound on Cardinal Drive in Woodbridge, Virginia. As he reached the intersection of Cardinal Drive and Jefferson Davis Highway, the Camry suddenly accelerated at a high rate of speed. Col. Williams was unable to stop the vehicle by braking.

The Camry hit a 2005 Dodge Caravan that was attempting to make a left hand turn from Neabsco Road onto southbound Jefferson Davis Highway. As a result of the collision, Col. Williams suffered a loss of consciousness and sustained serious injuries, including a traumatic brain injury, as well as neck, back, and leg injuries. Residual symptoms of the traumatic brain injury continue to affect all aspects of Col. Williams' daily life.

Legal Resources for Drivers and Passengers Injured in Toyota Sudden Acceleration Accidents

Lieff Cabraser represents persons across America injured in accidents involving Toyota and Lexus vehicles that suddenly accelerated.

If you would like to learn more about your legal rights please visit our Toyota sudden acceleration dangers information page or call us toll-free at 1-800-541-7358 and ask to speak to attorney Todd Walburg. There is no charge or obligation for our review of your case.

About Lieff Cabraser

Lieff Cabraser Heimann & Bernstein, LLP, is a sixty-plus attorney law firm that has represented plaintiffs nationwide since 1972. We have offices in San Francisco, New York, and Nashville.

Lieff Cabraser has a comprehensive and diverse practice, which includes representing persons injured and families of loved ones who died in auto accidents. Since 2003, The National Law Journal has selected Lieff Cabraser as one of the top plaintiffs' law firms in the nation. Learn more at http://www.lieffcabraser.com/index.htm.

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