Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Theodore H. Frank: I am not afraid of my Toyota Prius
Washington Examiner ^ | 3/11/10 | Theodore H. Frank

Posted on 03/12/2010 10:31:38 AM PST by LibWhacker

I’ve been driving Toyota Priuses since 2001. As a junior defense lawyer in the mid-90s, I litigated a number of bogus sudden acceleration cases that were brought against General Motors.

So the recent kerfuffle over alleged mysterious electronic problems with the Prius and other Toyotas has certainly caught my attention beyond just throwing my floor mat in the trunk.

I knew the public hysteria had reached unprecedented proportions when my father, a Ph.D. geologist skeptical of everything from George W. Bush to global warming (and that’s just the G’s), credulously emailed me repeatedly to demand I read a press release from a plaintiff’s lawyer on how to prevent runaway vehicles.

The short answer: hit the brake and stay on it. Every vehicle on the road today has a braking system more powerful than its engine. Shift into neutral. Then turn off the power.

So James Sikes, who made a dramatic 911 call from his Prius on Interstate 8 in San Diego earlier this week, is effectively claiming he had an electrical problem that affected his throttle, his brake, and his power system, because it took him over 20 minutes to stop his car.

Somehow no one in the press has asked Sikes how it is he could stop the car once it had slowed to 50 mph, but not when it was going 90 mph. Have Balloon Boy and the finger-in-the-chili taught us nothing?

Even if one believes all the hype, the reaction so far has been a giant overreaction. Fifty-odd deaths over 10 years and millions of Toyotas is a drop in the bucket compared to the general risk of being on the road at all.

It’s entirely possible that more people will be killed driving to the dealer for the recall than lives will be saved from going through the safety theater demanded by the Department of Transportation.

As Carnegie Mellon University Professor Paul Fischbeck calculates, I face 19 times more risk walking home the mile back from my Toyota dealer than I would driving a car that one assumes has the electronic defect.

But one shouldn’t believe the hype. We went through this a generation ago with the Audi 5000 and other autos accused of sudden acceleration, and, again, mysterious unknowable car components were supposedly at fault.

In a North Carolina case I worked on, the plaintiff’s expert theorized that electromagnetic transmissions from submarines might have set off the throttle via the cruise control, though, unsurprisingly, he was not able to duplicate the effect while driving around electrical towers with much greater electromagnetic interference.

Back then, the National Highway Traffic Safety Administration (NHTSA) spent millions studying the issue. They found that sudden acceleration was several times more likely among elderly drivers than young drivers, and much more frequent among the very short or someone who had just gotten into a vehicle.

Electromagnetic rays don’t discriminate by age and height, which suggests very much that human factors were at play: in other words, pedal misapplication. A driver would step on the wrong pedal, panic when the car did not perform as expected, continue to mistake the accelerator for the brake, and press down on the accelerator even harder.

This had disastrous consequences in a 1992 Washington Square Park incident that killed five and a 2003 Santa Monica Farmers’ Market incident that killed ten—the New York driver, Stella Maycheck, was 74 (and quite short); the California driver, George Russell Weller, 86.

We’re seeing the same pattern again today. Initial reports of a problem, followed by dozens of new reports “coming to light” as people seek to blame their earlier accidents on sudden acceleration.

Again, mysterious car components are at issue, this time, speculation of software or electronics going haywire. But if the problem is software, it is manifesting itself a lot like the Audi sudden acceleration did.

The Los Angeles Times recently did a story detailing all of the NHTSA reports of Toyota “sudden acceleration” fatalities, and, though the Times did not mention it, the ages of the drivers involved were striking.

In the 24 cases where driver age was reported or readily inferred, the drivers included those of the ages 60, 61, 63, 66, 68, 71, 72, 72, 77, 79, 83, 85, 89—and I’m leaving out the son whose age wasn’t identified, but whose 94-year-old father died as a passenger.

These “electronic defects” apparently discriminate against the elderly, just as the sudden acceleration of Audis and GM autos did before them. (If computers are going to discriminate against anyone, they should be picking on the young, who are more likely to take up arms against the rise of the machines and future Terminators).

But Toyota is being mau-maued by Democratic regulators and legislators in the pockets of trial lawyers—who, according to the Associated Press, stand to make a billion dollars from blaming Toyota for driver error.

And that is before hundreds of past run-of-the-mill Toyota accidents that killed or injured people are re-classified in future lawsuits as an electronics failure in an attempt to win settlements against the company.

Media irresponsibility severely damaged Audi’s brand for years in the U.S.; GM’s litigation expenses from sudden acceleration and similarly bogus product liability suits contributed to its recent need for a taxpayer bailout.

Certainly, the dozens of deaths reported to NHTSA are real tragedies—as are the tens of thousands of other automobile-related deaths that occur every year. While it’s certainly possibly the case that floor mat troubles have caused a handful of accidents, the media needs to exhibit more skepticism before it does trial lawyers’ bidding against Toyota on a speculative theory of electronic defect that is absent of evidence.


TOPICS: Editorial
KEYWORDS: afraid; automakers; automotive; crappydrivers; extortion; lawsuits; oldpeople; prius; toyota

1 posted on 03/12/2010 10:31:38 AM PST by LibWhacker
[ Post Reply | Private Reply | View Replies]

To: LibWhacker

anyone want to bet over/under on when this guy is exposed as a hoax?

I am gessing by Tuesday, March 15 4PM.


2 posted on 03/12/2010 10:33:56 AM PST by Mr. K (This administration IS WEARING OUT MY CAPSLOCK KEY!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: LibWhacker

Common sense ain’t so common anymore.


3 posted on 03/12/2010 10:34:44 AM PST by Republic of Texas (Socialism Always Fails)
[ Post Reply | Private Reply | To 1 | View Replies]

To: LibWhacker

Have Balloon Boy and the finger-in-the-chili taught us nothing?

_______________________________________

I lol’d at that one. He’s asking this of a country that voted for Obama?


4 posted on 03/12/2010 10:37:34 AM PST by Responsibility2nd
[ Post Reply | Private Reply | To 1 | View Replies]

To: LibWhacker

There’s a million cars like this on the road, and a couple hundred have a problem, so even if I believed the hype I wouldn’t be worried.

Plus, I know what to do if it happens, so I’m not at all worried about it happening. I’m much more worried that some idiot on a cell phone will randomly drive into my lane and kill me.


5 posted on 03/12/2010 10:38:23 AM PST by CharlesWayneCT
[ Post Reply | Private Reply | To 1 | View Replies]

To: LibWhacker
Theodore H. Frank =

And no, I don't mean cat.
6 posted on 03/12/2010 10:38:25 AM PST by TSgt (RE-ELECT NOBODY - VOTE THEM ALL OUT!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: LibWhacker

“Every vehicle on the road today has a braking system more powerful than its engine.”

Someone I know who knew Audis and did not really like them said the same thing about the Audi 5000 or was it the 100? I forget the model number. They said the brakes were far more powerful than the engine.

I think the whole thing is BS and I do not like Toyos/Lexuses and most of their owners.


7 posted on 03/12/2010 10:40:44 AM PST by Frantzie (TV - sending Americans towards Islamic serfdom - Cancel TV service NOW)
[ Post Reply | Private Reply | To 1 | View Replies]

To: LibWhacker

http://www.hammondactionnews.com/

Faulty Prius takes man to Whole Foods.


8 posted on 03/12/2010 10:43:31 AM PST by sportutegrl (VETO PROOF MAJORITY IN 2010)
[ Post Reply | Private Reply | To 1 | View Replies]

To: LibWhacker
Theodore H. Frank: I am not afraid of my Toyota Prius

Yeah, but you're afraid of the dark aren't ya, wuss?

9 posted on 03/12/2010 10:44:08 AM PST by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to say it)
[ Post Reply | Private Reply | To 1 | View Replies]

To: sportutegrl
One owner of a 2002 Chevy Silverado told HAN his pickup truck had driven him 35 miles to the Bass Pro Shop in Denham Springs.

Thanks, I needed that. T.G.I.F

10 posted on 03/12/2010 10:52:10 AM PST by throwback (o)
[ Post Reply | Private Reply | To 8 | View Replies]

To: LibWhacker
I drive a 2007 Toyota Avalon and I agree with this guy.

I have had a couple of short lived experiences where I seemed to be having sudden unexpected over acceleration. Truth was that I had my big foot on the brake pedal and accelerator pedal at the same time. Problem solved within a few feet.

It could happen with any vehicle.

11 posted on 03/12/2010 10:56:20 AM PST by F.J. Mitchell ( Global warming will freeze us all to death.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: LibWhacker

Iv’e been reading the word ‘kerfuffle’ a lot lately.
It must be the new big thing.


12 posted on 03/12/2010 11:10:50 AM PST by mowowie
[ Post Reply | Private Reply | To 1 | View Replies]

To: LibWhacker

Seems MOST of the claims against Toyota have come about since the Government takeover of GM. Not saying there’s any relationship there, but....


13 posted on 03/12/2010 11:11:06 AM PST by Larry - Moe and Curly (Loose lips sink ships.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: LibWhacker
This whole thing smells like a set-up. This latest “runaway” guy is an obvious lawsuit-seeking fraud. Anybody too stupid to shift into neutral and step on the brakes shouldn't have a driver's license.
14 posted on 03/12/2010 11:59:23 AM PST by ozzymandus
[ Post Reply | Private Reply | To 1 | View Replies]

To: MikeWUSAF
You must have read a different article than I did. I didn't find him to be a or a lap dog or an idiot. He has a healthy skepticism of the whole fiasco, as do I.
15 posted on 03/12/2010 12:38:40 PM PST by Badray
[ Post Reply | Private Reply | To 6 | View Replies]

To: Puppage

???

What article did you read? What am I missing?


16 posted on 03/12/2010 12:40:08 PM PST by Badray
[ Post Reply | Private Reply | To 9 | View Replies]

To: LibWhacker

A few years back I had a business meeting in San Diego. The rental car company gave me a Prius. Couldn’t get the GD thing started - I had to go get help. I shoulda have asked for a different vehicle. All week I had a feeling the Prius was in charge, not me. Really a crappy car.

BTW, my daily driver is a Toyota RAV-4, which is a heckuva vehicle, IMHO.


17 posted on 03/12/2010 1:06:12 PM PST by 2nd Bn, 11th Mar (The "P" in democrat stands for patriotism)
[ Post Reply | Private Reply | To 1 | View Replies]

To: LibWhacker

bump


18 posted on 03/12/2010 2:02:57 PM PST by VOA
[ Post Reply | Private Reply | To 1 | View Replies]

To: Badray

Didja see the title??


19 posted on 03/12/2010 2:08:25 PM PST by jackibutterfly
[ Post Reply | Private Reply | To 16 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson