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Ford Pays $17 Million to Settle Recall Dispute

The Associated Press reports that Ford agreed to pay $17.35 million to settle allegations that it was slow to recall vehicles to fix sticking gas pedals that could cause crashes. The fine is tied to the July 2012 recall of nearly half a million Ford Escape SUVs of the 2001 to 2004 model years with 3-Liter V-6 engines.

The National Highway Traffic Safety Administration asserts in a Detroit Free Press article that Ford knew about the problem in May 2011, but failed take action until the agency began investigating n July 2012.

A federal probe started after Saige Bloom, a 17-year-old girl from Arizona, was killed while driving a Ford Escape. The Escape she drove was a part of a December 2004 recall involving an accelerator cable problem, which could cause“elevated engine speeds” and a “vehicle crash.” Her vehicle had a repair done before new instructions went to dealers to help prevent damage to the accelerator cable during replacement.

The accident occurred on Jan. 27, 2012. As Bloom’s vehicle accelerated out of control, her mother, Jamie Bloom, followed behind her and called 911. ABC15 news reported that on the frantic 911 tape, she said: “She cannot stop. We’re coming up to a red light and I don’t know what to do with her.” Shortly after that call, Saige Bloom hit another car and rolled three times. She died of her injuries in the hospital.

Japanese automaker Toyota has similar issues

The settlement above calls attention to the danger of sticking gas pedal issues, which have been a publicity nightmare not only for Ford, but also for Toyota.

Toyota agreed to pay the same amount in December of last year for delaying the June 2012 recall of  154,036 2010 Lexus RX 350 and 2010 RX 450h SUVs related to potential gas pedal entrapment issues.

Mark Saylor, an off-duty California Highway Patrol Officer, age 45, died on Aug. 28,  2009, alongside his wife Cleofe, also 45, their daughter Mahala, 13, and his brother-in-law, Chris Lastrella, age 39, in a loaner Lexus ES350 that accelerated out of control on a highway near San Diego. The Daily Mail reported that last words of Lastrella before his family was killed were “there’s no brakes . . . hold on and pray.”

The California Highway Patrol released the recording in Sept. 2009, following the Aug. 28 crash. The car traveling on Highway 125 in Santee, California, northeast of San Diego, suddenly accelerated out of control, hit another car, tumbled down an embankment and caught fire. While the car was speeding down the highway at an estimated speed of over 100 mph, Lastrella called 911, media reports show.

Shockingly, the San Diego Union-Tribune reported that a Sheriff’s Department investigation found that a few days before the fatal crash, a man who was given the same car experienced a sudden acceleration problem and reported it to the dealership. The cause was determined to be a wrong-sized floor mat that entrapped the accelerator, according to the paper, which obtained the Sheriff’s Department report.

Reuters reported in Feb. 2010 that Toyota faced a growing number of lawsuits from consumers amidst concern that their vehicles may suddenly accelerate.

What to Do if Gas Pedal Gets Stuck?

In response to the Toyota recall, NHTSA released the following steps drivers can take should this occur:

  • Brake firmly and steadily – do not pump the brake pedal
  • Shift the transmission into Neutral
  • Steer into a safe location
  • Shut the engine off
  • Call your repair shop to pick up the vehicle. Do not drive it.

If you have been injured or a loved one has suffered a wrongful death due to a faulty automotive product, you may want to consult with a product liability attorney.

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