Thursday, October 30, 2014

Translator Refutes Toyota’s Contempt Motion in Leaks

Translator Refutes Toyota’s Contempt Motion in Leaks

, The National Law Journal

A translator who allegedly leaked confidential discovery documents from litigation against Toyota Motor Corp. says she should not be found in contempt because she has removed all those materials from the public view.
U.S. District Judge James Selna of the Central District of California has orderedBetsy Benjaminson, who lives in Israel and is a self-described whistleblower, to show cause why she should not be sanctioned.

Benjaminson's attorney argues that, while working for a translation service retained by plaintiffs’ counsel, she obtained 88 documents from the Toyota’s sudden-acceleration litigation. She said she got another 1,500 documents when translating for Toyota’s criminal counsel, Debevoise & Plimpton, during investigations by the U.S. government and various state attorneys general.
The criminal investigations were not within the scope of the protective order governing the civil cases in the multidistrict litigation, so Benjaminson could not have violated the protective order by taking documents related to them, Benjaminson’s counsel, H.H. Kewalramani of Lee, Jorgensen, Plye & Kewalramani, argued in a court document.
Moreover, Benjaminson had not signed the protective order while working for Debevoise & Plimpton’s translation vendor, her counsel added.
That leaves Toyota arguing for “retroactive applicability of the protective order and expansion of this court’s authority over all things related to Toyota sudden acceleration, whether part of this MDL or not,” Kewalramani argued.
Benjaminson worked for three translation services during the litigation, according to the response.
In a separate motion, plaintiffs’ counsel opposed Toyota’s ex parte application to have one of their experts comply with the car manufacturer’s discovery request in a bid to learn how documents got to Benjaminson.
Benjaminson had obtained a PowerPoint presentation prepared by Michael Barr, a plaintiffs expert witness who concluded that Toyota's source code was defective and led to unintended acceleration in a Toyota Camry. The expert presented the information during the first trial testing whether Toyota’s throttle-control systems caused vehicles to spontaneously accelerate.
According to Toyota’s court papers, Benjaminson obtained the source-code material from another plaintiffs expert, Antony Anderson, who got it from Barr’s Dropbox account.
The plaintiffs said Toyota was “trying to bully Michael Barr, the plaintiffs expert, and exert an asymmetrical pleading burden against counsel for plaintiffs and that expert.”

Wednesday, October 29, 2014

Weak Oversight, Deadly Cars

The Opinion Pages          Op-Ed Contributors

Weak Oversight, Deadly Cars

By Clarence Ditlow and Ralph Nader  October 28, 2014

WHEN regulators sleep and auto companies place profits over safety, safety defects pile up. A record number of vehicles — more than 50 million — have been recalled this year, a result of congressional hearings and Justice Department prosecutions, which exposed a mass of deadly defects that the auto industry had concealed.
From the Ford Explorer rollovers in the 1990s and Toyotas’ issue with unintended acceleration in the 2000s to the recent fatal consequences of defective General Motors ignition switches and Takata airbags, the auto companies hid defects to avoid recalls and save money. These and other major defects were first exposed by safety advocates who petitioned the government and by reporters in the tradition of Bob Irvin of The Detroit News, who wrote over 35 articles on Chevrolet engine mounts until General Motors agreed to recall 6.7 million vehicles in 1971.
These campaigners did the job the regulator should have done. Congress gave the Department of Transportation authority to regulate the auto industry through the National Highway Traffic Safety Administration — including subpoena authority to find defects. But it used this authority so infrequently after the ’70s that its acting administrator, David J. Friedman, told Congress this year that he didn’t even know it had the power. The N.H.T.S.A. also failed to require companies to disclose death-claim records in civil lawsuits over the Toyota accelerations, G.M. ignition switches and Takata airbags.
In order to prevent the risk of death or serious injury, Congress empowered the agency to oblige auto companies to use alternate suppliers and independent repair shops to manufacture parts and make repairs to expedite a recall fix. Yet the N.H.T.S.A. has never used this authority — even though it took General Motors from February to October to get enough parts to dealers to repair all the recalled ignition switches.
Only after a lengthy delay was the agency prodded, in 2009, into opening an investigation into whether the first two Honda recalls of Takata airbags were adequate. Although the agency asked tough questions, it quickly closed the investigation after Takata hired a former senior N.H.T.S.A. official to represent the company. The agency’s attitude, in short, was: Don’t bother us with the facts.
More facts did come out when BMW, Honda, Nissan and Toyota recalled millions of Takata airbags from 2010 to 2013. Still, the N.H.T.S.A. opened no investigations and ordered no recalls on the airbags. Honda also failed to disclose death and injury claims on Takata airbags, as required by law. Even now — after reports of a third death in the United States associated with the airbags — the N.H.T.S.A. refuses to order a national recall, as Senators Richard Blumenthal of Connecticut and Edward Markey of Massachusetts have urged.
What explains this neglect? Over time, the N.H.T.S.A. has been captured by the industry it regulates. Through the ’70s, it aggressively litigated cases to force recalls, and it caught most defects early in the life of a vehicle. Beginning in the ’80s, however, numerous officials — including Diane K. Steed, Jerry Ralph Curry, Sue Bailey and David L. Strickland, who all served as head of the agency, and Erika Z. Jones, Jacqueline S. Glassman and Paul Jackson Rice, who all served as chief counsel to the agency — have gone on to become consultants, lawyers or expert witnesses for auto companies.
What’s more, the agency is heavily populated by former industry employees. Ms. Glassman, for example, had been a lawyer for Chrysler before working at the agency (and is now at a law firm that represents auto companies). The agency’s last non-acting administrator, Mr. Strickland, went to work in January of 2014 for a firm representing Chrysler — the same month the agency approved an inadequate recall of Chrysler Jeeps with fuel tanks liable to explode as a result of rear impacts.

Although Congress has given the N.H.T.S.A. regulatory tools that the agency failed to use, Congress has not given it the two things it needs most: sufficient funding, and the power to bring criminal penalties against auto companies. The agency’s annual vehicle safety budget is a puny $134 million. Unlike other federal regulators, the N.H.T.S.A. does not have its own research and test facility.
Since the National Traffic and Motor Vehicle Safety Act was enacted in 1966, the industry has blocked any meaningful provision for criminal penalties that would make company executives who concealed defects or decided not to recall dangerous vehicles subject to prison sentences. No single reform would change corporate behavior as much as this.
Only a complete overhaul of the agency’s culture will prevent future recalls, since automakers will always place sales and profits over safety and innovation. This should start with closing the revolving door, adopting criminal penalties and increasing funding. All auto companies should have an independent, government-certified safety ombudsman to investigate complaints from whistle-blowers and to report defects directly to the chief executive and the agency.
Above all, the agency’s leaders must have proven transportation safety expertise. They must demonstrate that they see auto companies as an industry to be regulated, rather than partners whose profits and sales must be protected at the public’s expense.

Weak Oversight, Deadly Cars


Sunday, October 26, 2014

Toyota Vehicle ENTRAPMENT by Sticking Door Latches. Safety Issue!

I posted this in early 2009. The problem of Toyota Sienna sticking door latches seemed to bring forward a lot of on-line complaints. Owners ALL felt it was a safety threat to the vehicle owner's family, particularly children. 

LOTS of Sienna sliding door handles broke due to the excessive force needed to open the sliding doors. Most of these sliding doors could not be opened from either the inside or outside.

Toyota blamed vehicle owners for spilling sticky drinks and oiling the door track was advised by Toyota. The sticky drinks weren't the cause and oiling didn't correct the problem however.

Did NHTSA investigate? There was a silent Technical Servoce Bulletin used for the most vocal vehicle owners. Were there any deaths or injuries as a result of this problem? 

It is interesting to not the recent increase in the number of
postings about the TOYOTA STICKING DOOR LATCHES and/or LOCKS
problem.  Apparently, Toyota has yet to issue a diagnostic/repair
bulletin about this problem even though it has been around for
years!  Isn't this willful neglect and cover-up of a SAFETY ISSUE?!?

I am the original poster about this problem as it occurred in my
Sienna as well.  The sliding doors could not be opened by an adult,
much less a child, from the inside of the van.  The dealership
insisted it was due to "spilled sticky drinks!"  It seems that this
has been the corporate's expected dealership response as I've heard
too-numerous-to-count Toyota vehicle owners recount the same story
about their sticking door issue for the last several years.

I contested this lame excuse.  Toyota replaced the locks and the
problem has only recurred intermittently since that time.  Having
stuck sliding doors is a scary experience!  Paint this picture in
your head for a moment---a Toyota Sienna has sticking door latches.
Then, the sludge monster creeps in.  The van overheats due to the
thickened oil and possible oil plugs.  The van experiences an ENGINE
FIRE DUE TO ENGINE OIL SLUDGE (it IS happening!).  Your passengers,
including small children, can NOT get out of the burning van!

If you think it can't happen, think again.  There have been numerous
accounts of spontaneous engine fires, particularly in the Sienna and
Camry.  Toyota never admitted that the engine oil sludge (see my
petition) is a problem and blamed the owners just as in the sticking
door lock situation.  The owners believe that the engine oil sludge
and sticking door latches are MANUFACUTURING DESIGN DEFECTS and that
Toyota is unfairly shifting the blame to escape financial

In the meantime, there are also reports about faulty ABS (antilock
braking system) systems in these same vehicles.  Notice that Toyota
continues to claim that there aren't many recalls in its vehicles.
Is this because there aren't any problems reported OR is because
Toyota has chosen to BLAME THE OWNER for the inherent performance
and/or safety problems?

You be the judge!  Consider, however, the fact that through the last
decade, key postings about safety issues in these vehicles have been
eliminated from the internet.  I know because I have been part of
many forums where these problems have been discussed at length.  My
question is, does Toyota participate in programs aimed at
manipulating postings about its products in order to preserve
the "Toyota Myth" about quality?  Only those who have been tracking
the postings over the last several years would notice what is
happening, most likely.  Certainly, the company admits that it
tracks what is being said about it online. me...there
is no shortage of "corporate protectors" out there who actively
contest complaints made about Toyota products!

We all know that these are hard economic times.  How is it that
Toyota can get away with blaming the owners and forcing them to put
up hundreds/thousands of dollars for repairs that should be covered
by the manufacturer????  The ENGINE OIL SLUDGE debacle proved that
Toyota will dig in its heels to escape responsibility and continue
to point the finger at its one-time loyal customers!!

SPEAK UP about the safety issues!  Contact the NHTSA with a PETITION
politicians as well.  Contact any/all consumer agencies out there
(particularly the Center for Auto Safety) and insist on action being
taken.  By being a thorn in the side of the auto manufacturer, you
will ensure that the word gets out and the manufacturer must
respond.  Go with your gut---if you know the manufacturer is blowing
smoke, EXPOSE it!

Saturday, October 25, 2014

Could a deadly vehicle defect lead to a permanently ruined reputation? YES!

AND...the CENSORSHIP continues! Here's a comment I composed which was one of the ones censored recently. There's been concerted effort by anonymous entities to falsely flag comments which are made on articles reporting on suspicious sudden acceleration crashes. My, oh my...whatever could someone be worried about? Take into consideration the cover-up by automakers when you decide WHO might be opposed to the content of this comment. 

Sudden Unintended Acceleration Victims:
Carol Fedigan, Lake Sammamish, WA (legal case pending)
Roseanne Piccirilli, Yonkers, NY (legal case pending)
Mary Hill, Orlando, FL (serving jail time currently)


Are you aware of the number of SUDDEN UNINTENDED ACCELERATION cases there are in the Chrysler JEEP? I suggest you check with the Car Wash Association because it is one of the top vehicles in terms of SUA complaints at car wash facilities. There's even a list compiled by the association of the top vehicles which run away at the car washes.

Carol Fedigan's...brand new Chrysler Jeep SUV owner...reputation was attacked long before a shred of evidence came out. They used the word "drunk" in the headlines without any evidence other than an officer's suspicion! Someone even took the time to immediately post a reputation-destroying YouTube video about Carol Fedigan's accident. WHO did this and WHY? Think cover-up and you'd be close to the real reason that Carol's name is being slammed publicly.

What was Carol's supposed "crime?" She had the misfortune of moving her gorgeous white Jeep from a parked position in front of her home into her driveway. Unfortunately, the vehicle became a runaway, TOOK OFF, went through and out the back of her home, killing members of her immediate family!

We couldn't possibly consider the serious ELECTRONIC defect in the Chrysler Jeep, could we?

Is this the first time a female vehicle crash victim has been publicly attacked? No, it's not. Think Mary Hill near Orlando, FL who is STILL in prison after her BMW took off as she was driving her daughter and her daughter's good friend to school. Someone wrote an entire book about Mary's accident clearly in order to ruin Mary's reputation. "Driver error," it was proclaimed!

Where are Carol Fedigan's statements about what happened? How about Mary Hill's account? We are hearing only one side in the media. The side that wants to put the driver in PRISON if death or maiming occurs. Roseanne Piccirilli was "lucky"...or was she...when her JEEP maimed and killed youngsters at a Yonker's carnival. She was not charged with vehicular homicide after an SUA event. The headlines shouted it was a combination of vehicle malfunction and "driver error." She's bound legally as her case pushes through the court system. Was she at fault at all OR is the auto industry determined escape any responsibility?

Guess the automaker could NOT dig up any dirt on her like it has the others? As it is, she had to take most of the blame! Just ask Corolla SUA victim's daughter, Francene Lawler, what Toyota does to the victim after an SUA crash! She's an Australian who says Toyota tried to BULLY her mother and brother into accepting know, "pedal misapplication."

She's got the whole thing TAPE-RECORDED!! Toyota told her mother that the incident did NOT happen as she said it did. Toyota tried the "elderly" reason and then after learning the woman drove big rigs without issue, it tried the old "driver error" ploy on her. There was NO chance it was floor know, KILLER mats...BUT that excuse was tried too! In fact, Toyota was wishy-washy waffling on the cause of Francene's mother's and brother's completely separate sudden unintended acceleration incidents in the SAME 2008 Toyota Corolla. The automaker is grabbing at straws to escape blame!

WHY is it automakers are so keen to dig up skeletons on the drivers who sue them after crashes or defect revelation? Check out the LEMON LADY's Route 44 Toyota to see what's happening to her after her brand new Prius had brake failure. Looks like Toyota is attempting to dig up anything it can. Will the automaker go so far as to manufacture "dirt" on a driver or illegally obtain private information? Does the HIPPA mean anything to automakers? Well, only time will tell.

ALL eyes are on Toyota, Chrysler, GM, and other automakers who plan to bury evidence of what experts reveal is an electronic glitch in the computer-driven throttle control systems. Based on what's happening in the GM ignition switch matter, it seems the public is on HIGH ALERT for lying, deceitful auto manufacturers who choose to HIDE serious safety defects from vehicle owners.

Scary part? The actual hiding of the problem is just the top of this multi-layered electronic sudden unintended acceleration cover-up. ALL eyes need to be on the Carol Fedigan and Roseanne Piccirilli JEEP unintended acceleration cases because it can happen to ANY driver of a vehicle with a glitch-prone all ELECTRONIC throttle control system! YOUR life can change in a moment's time if this happens to you. Just ask Carol Fedigan, Roseanne Piccirilli, and Mary Hill!

These cases are not about alcohol, prescription drugs, "driver error," or anything else that the automakers' attorneys can dig up in order to take the focus off the defective vehicle. It's about a RUNAWAY vehicle with ineffective braking. Carol Fedigan and her grandson are lucky to be alive! The open metal railing literally lassoed the JEEP as the wheels continued to SPIN out-of-control...just before the JEEP went plunging into to the lake below!

Remember the loud engine revving (high RPMs), squealing tires, and burning rubber smoke upon TAKE OFF! These crashes are always described as "bizarre!"

What's the scarier part? Many other vehicle owners have NOT been so lucky! Their lives have not been spared after a TERRIFYING sudden unintended acceleration episode! Imagine being on a rollercoaster ride without benefit of having a track to hold you down!

Toyota, in particular, knows all about this kind of SUA. It's NOT floor mat related. Right now, Toyota issued a subpoena for TOYOTA SUA WHISTLEBLOWER, Betsy Benjaminson. The automaker is harassing her legally in an attempt to SILENCE her. She can barely feed her children because she chose to do the right thing and risk it all (see her defense fund site). Does the automaker want to bankrupt her? Is this retribution because she posted internal Toyota documents alerting the public to Toyota's own concern about an electronic throttle control problem? Is it because she is championing SUA victims who are speaking out about the dangers in the Toyota electronics?

Toyota has already admitted to LYING to everyone, including the NHTSA, lawmakers, and its own customers. It's been the subject of a CRIMINAL investigation. BUT...neither Toyota or the Department of Justice have breathed a word about ELECTRONIC sudden unintended acceleration. What's going on?

How much is known by Toyota? Other automakers? The DOJ, NHTSA, lawmakers? How much is being kept private due to $$ impact? How long do these crashes into storefronts, buildings, and homes have to go on before the PUBLIC takes a very close look at what's happening behind-the-scenes? Far too many of those supposedly protecting us are too beholden to Toyota economically...the entire auto industry, for that matter.

Scariest part? Is Toyota...and other automakers...manipulating those we assume are keeping us safe? Is it keeping things hidden via $$ control? Has this already been taking place for decades? Aren't the current GM and Toyota defect debacles reason enough to find out?

Attorney Bob Hilliard is heading in that direction. He's one of the super-heroes who helped free Koua Fong Lee from false imprisonment after his older runaway Toyota killed a part of a family.

We need many more such truth-seekers to uncover this scandal-of-all-scandals that is ELECTRONIC sudden unintended acceleration!

Thursday, October 23, 2014

Toyota Truths

Singer/songwriter, Kris Kitko did an AWESOME job on her YouTube video, "Toyota Where Are Ya?" The video was directed at Toyota regarding her own real world experience with Toyota SUA, sudden unintended acceleration. With her satirical approach, she completely destroyed the Toyota and NHTSA myth about SUA, namely “pedal misapplication” by drivers. Unfortunately, Kris Kitko’s YouTube video is no longer available for viewing online.
In the wake of the NHTSA/DOJ $1.2 BILLION settlement following a CRIMINAL investigation, Kris should be encouraged to use her finely-honed musical skills to do a sequel to her first Toyota SUA YouTube video. The U.S. Federal Government allowed Toyota “deferred prosecution” in this settlement provided it follow the steps outlined in the terms of the agreement. No one…not one single Toyota executive…is going to serve any prison time for knowingly withholding evidence that could have saved many lives and ensured public safety on the roads.Toyota ADMITTED that it LIED to both the Toyota customers and the government.
Michael Barr, renowned embedded systems expert, after studying Toyota’s ETCS-I far longer than NASA did, found the existence of faults in the software which could lead to a real-world, potentially-catastrophic SUA event with a number of potentially ineffective failsafes. Imagine flying down the road in a Toyota with no functioning brake override to exit a software task-death! Isn’t that a bit like being on a high-speed roller coaster and having the track fail to keep you on? And want to know the most SHOCKING part? Toyota reportedly didn't have a copy of the code in their OWN monitor chip! Michael Barr and company had to SHOW them! Can we just say, “Scary!”
Toyota cites that there is no electronic cause for SUA in its vehicles based on the short-duration investigations by NHTSA and NASA. Michael Barr and other experts have shown these studies to be scientifically seriously flawed. First, the ETCS-I software investigation was extremely limited. Only a SMALL FRACTION of the embedded software was tested by NASA.
Secondly, Toyota misrepresented the presence of EDAC RAM  (error detection and correction random access memory) while indications of this issue were apparently redacted in the original NHTSA report.  This misled NASA into NOT LOOKING INTO a number of potential sources of failure – which they may otherwise might have.

According to NASA expert, Dr. Henning Leidecker, some Toyota's can grow "tin whiskers" within certain electronic components. This can result in short circuits which can lead to yet another type of electronically-induced SUA event. Dr. Leidecker and associates actually DID FIND and study a case of "tin whiskers" found within the accelerator pedal assembly; rendering a Toyota vehicle UNDRIVEABLE.

Dr. Leidecker suggests driving the affected Toyota vehicles is "a game of Russian roulette." Dr. Leidecker is most concerned about 2002-2006 Toyota Camrys with their potential to grow "tin whiskers." He indicates the risk of this condition increases over time.
Meanwhile, whistleblower Betsy Benjaminson remains scared for Toyota drivers. She is convinced Toyota's own internal documents strongly indicate SOMETHING IS WRONG with their ETCS-i ELECTRONICS . She says "ghosts" indicate glitches can cause a runaway car. Betsy now blogs on a Blogger website where she continues to EXPOSE key documents that she says open the company's PR KIMONO. Betsy's goal is to reveal the true inside story of Toyota's SUA problem and to demonstrate and expose the differences between the company walk and company talk.
How did Betsy turn whistleblower? As a Japanese-to-English translator, Betsy was hired by Toyota's legal team to translate documents for the criminal investigation of Toyota. Just like the DOJ, Betsy SMELLED A RAT. After checking with top experts, she came forward to alert the public to the major safety issues involved.
Toyota owner, turned consumer activist-blogger, Parris Boyd has been blogging about what he calls “The Recall King” (a.k.a. Toyota) for years. His blog, “Beware of Toyota. Their next victim may be YOU…,” was initially an outlet for his frustration with Toyota--after his MR2 Spyder’s engine disintegrated at low mileage. What Parris faced was an unresponsive, stonewalling company operating within a state of denial.
During the height of Toyota’s engine oil SLUDGE debacle, Parris created his blog with the goal of using his free speech to help other similarly-affected Toyota owners. He also wanted the public to know just how Toyota and its dealerships treated their “valued customers.” Parris’s Blogger website currently receives over 100 views a day!
So, WHY is Toyota trying so hard to CONVINCE its own customers and the public that its vehicles suffer from SUA caused only by 1) improperly placed or type of floor mats (huh?); 2) sticky accelerator pedals (like those pesky sticky Sienna minivan sliding doors?); or 3) pedal misapplication (oh...the little old lady theory?). Why does it IGNORE the recent findings of the electronic experts? WHY isn’t it currently LISTENING to its own customers?
Well, YOU be the judge. The FACTS are before you.

Exploding "Roadside Bomb" Airbags. Safety feature?!?

Feds: Our Bad, Millions More Airbags Could
Be Dangerous
Oct 22, 2014, 11:32 AM ET

Toyota said VICTIM positioned lap belt incorrectly. Jury DISAGREED!

Monday, October 20, 2014

The Auto Industry's BIG SECRET...

There is a BIG hidden secret in the auto's called ELECTRONIC sudden unintended acceleration! I thought that was just about FLOOR MATS and sticky pedals, or "driver error," right? That's certainly what TOYOTA would like you to continue to believe, BUT DON'T!

These ultra-complex new engines are completely computer driven. Software is needed to control the throttle system. You THINK you are giving gas when you press the accelerator, but you are only SUGGESTING this to the computer. In electronic SUA cases, the throttle software may be glitch-prone and NOT do as you wish.

What happens then? Well, the glitch may (and has for countless SUA victims) result in an OPEN THROTTLE situation. The brakes become INEFFECTIVE in these situations and crashes into storefronts, buildings, and homes have resulted.

What does the automaker say? They hook the vehicles up to the computer and declare NOTHING WRONG! They cite the EDR which has erroneous data and say YOU were NOT braking. They point the finger at you based on AGE, GENDER, MEDICAL history, prescription meds, etc. YOU name it, they've TRIED it!

Get the picture? And you THOUGHT the GM issue was big? Think again! This cover-up of ELECTRONIC SUA is scandalous and very well-orchestrated.

Why even a WHISTLEBLOWER has been legally harassed by Toyota as it does NOT want her Toyota internal docs posted online anymore. The automaker wants to intimidate and SILENCE her. It doesn't want the PUBLIC involved, for goodness sake!

Tuesday, October 14, 2014

Testimony wraps up in Chelsie Hill's lawsuit against Toyota

Testimony wraps up in Chelsie Hill's lawsuit against Toyota

Closing statements Thursday in Chelsie Hill case

By Ana Ceballos @ceballosap on Twitter

MONTEREY >> After three weeks in court, there are no more witnesses left to testify in Chelsie Hill's lawsuit against Toyota Motor Corp.
Stemming from a 2010 drunken-driving crash in Skyline Forest that left Hill paralyzed from the hips down, the case is expected to go to a jury Thursday following closing arguments. Hill's representation argues the lap belt she wore while seated in the rear center seat of a 1996 Toyota 4Runner caused her injuries.


Tuesday, October 7, 2014

CENSORSHIP at CBSMiami on Toyota Camry Outdoor Diner Crash

Azar is a SUA victim herself who has permanent damage to her legs. She's still faced with years of rehab and more surgeries (24 already!) due to no fault of her own. Her Lexus became out of control in a similar way and she was not able to maintain control of it.

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      Another victim (and denier) of driver error. EDR data will back this up, no doubt. 

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          Be careful though because Toyota has also stated emphatically that the EDR shows "no braking" when drivers emphatically say they were! When the EDR dat suits Toyota, this is what it will show. It's called CHERRY-PICKING the data to suit escaping manufacturer's responsibility.
          Recall all the hot water that NHTSA is in regarding the GM ignition switch debacle? NHTSA aided and abetted Toyota during the first sudden unintended acceleration fiasco, according to most SUA victims! I was present during the recent NHTSA hot seat in front of Congress. Rest assured, NOTHING has changed there!
          Remember WHO was found to be lying to Congress, NHTSA, and customers. It was Toyota that got a "deferred prosecution agreement" from the DOJ and who has to be monitored for YEARS due to its brazen disregard for the TRUTH.
          Dr. Antony Anderson, an expert electrical engineer the UK, has shown that Toyota EDR can be inaccurate and inconsistent. See the Highlander crashes into home on YT. He found that that data recording did not match the movements of the vehicle in he video.
          THIS is the way that Toyota will attempt to incriminate the driver if at all possible, IMO. It's happened before and it will likely continue to happen.
 a historical aside, I've seen this OWNER BLAME GAME before in the case of Toyota engine oil sludge. See Automotive News May 13, 2002 issue which gives my story. It was another Toyota consumer effort in which I participated. Back then...and to this day...Toyota maintained this serious engine malady was caused by owner maintenance neglect of their own vehicles. It has never taken due responsibility for the defect which owners say caused the engine oil to be consumed quickly and baked within the engine.