Free Toyota Brake Pad Recall FAQs | Free Toyota Brake Pad Recall Legal FAQs

What is a Toyota motor vehicle defect?

Thu, 05 Aug 2010 19:12:41 GMT

A motor vehicle can be defective in one of three ways. Specifically, a motor vehicle is defective if: (1) there was a manufacturing defect – a part of the car that was not made according to the vehicle’s design and is flawed; (2) there was a design defect – the design of the car, or part of the car, was faulty and even if manufactured according to exact specifications would result

What legal rights does someone have if they've been injured in a car accident with a car that has been recalled?

Thu, 25 Feb 2010 18:06:32 GMT

In general, when a person is injured as a result of another person's negligence, the injured party may pursue a claim against the party or parties that caused the injuries. Any personal injury case depends on liability, damages, and whether or not you can collect from the negligent party or parties. Some states follow the doctrine of comparative negligence. Under this doctrine, a claimant's action is not barred unless his negligence exceeds the combined negligence of

How do I file a safety complaint about a defective Toyota?

Thu, 25 Feb 2010 20:59:35 GMT

The Office of Defects Investigation (ODI) is an office within the National Highway Traffic Safety Administration (NHTSA) respondible for conducting defect investigations and administering safety recalls to improve safety on our Nation's roadways. There are four types of safety complaints you can report to the ODI:

•Vehicles: All motor vehicles -- cars, heavy trucks, RV's, motorcycles, emergency vehicles, bus

What does 'duty' mean in a lawsuit for injuries?

Mon, 31 Dec 2007 19:06:07 GMT

When talking about negligence, duty is the legal obligation that the law imposes on us to protect and respect the safety of others around us. That means doing something that a reasonably prudent person would do under the same circumstances. For example, when we drive a car, we owe a duty to drive safely to everyone else on the highway and to the pedestrians around us. Similarly, when a company manufactures a car, it has the duty to make sure it is manufactured safely. The extent of a

Can I sue if I'm hurt in an accident caused by a defect in my Toyota?

Mon, 01 Mar 2010 00:41:01 GMT

Yes, you can sue if your accident was caused by a defect in your Toyota. Your lawsuit would be filed under a product liability theory of law in state court. That means that you will need to prove that your Toyota had a defective design, a defect in manufacturing, or a defect in the warning given to you as a consumer about potential dangers and that you suffered an injury as a result of one of those de

What is 'strict liability'?

Wed, 14 Jul 2010 20:53:20 GMT

Some persons or companies may be held “strictly liable” for certain activities or products that harm others, even if it can’t be shown they acted negligently or with intent. This theory is important because it protects the community from dangerous products or activities and provides relief for injuries. Strict liability is applied to two different situations which the public should be made aware. These are strict products liability and liability for people engaged in &ldq

How do you know if you have a personal injury claim?

Tue, 01 Jan 2008 19:19:24 GMT

First off, in order to proceed with a personal injury claim, you must demonstrate that you have been injured. This may be a physical injury or it may be an emotional injury. In addition, you must be able to show that someone else (the defendant) is at fault for your injury under a negligence, strict liability or intentional misconduct theory. In some cases, it may be necessary for you to show that the other party is more at fault for the injury than you are.

What should I do if I'm hurt in an accident caused by a defective acceleration in my Toyota?

Mon, 01 Mar 2010 23:04:45 GMT

If your Toyota unexpectedly accelerates and you are unable to prevent the acceleration by removing your foot from the gas pedal and putting your foot on the brake pedal then you may be able to collect damages in a product liability lawsuit against Toyota for the injuries that you incurred. You may also have a claim against Toyota if you were not the driver, but rather a passenger in the Toyota, an occupant of another vehicle, a pedestrian, a bicyclist, or a motorcyclist involv

Am I at fault for an accident if it happened because my brakes failed on my Toyota?

Mon, 01 Mar 2010 00:44:12 GMT

You are not at fault if your negligence did not cause the accident. In other words, if you acted like a reasonable person would act in the situation and could not have reasonably prevented the accident then you are not responsible for the damages caused in the accident. If your brakes didn’t work and you were unable to stop your vehicle then Toyota may be liable in a product liabilit

Can consumers bring class actions relating to products or services?

Tue, 11 Mar 2008 23:55:03 GMT

Absolutely. There have been many successful class actions brought by consumers. Signs of consumer fraud include:

Misrepresentations regarding a product or a service.
Products or services that just don`t work as they should.
Hidden fees or charges, or unexpected billing surprises.
Products that wear out early.
Use of the product results in injury.

If my Toyota is on a recall list, will I be liable if I'm in an accident?

Sat, 12 Feb 2011 17:39:41 GMT

You will only be liable in an accident if you were negligent in your driving or in getting your vehicle repaired after you were informed about the recall. Generally, a driver is liable in a car accident if the driver breached the duty of care by not acting like a reasonable person would act given the circumstances and causing damage as a result. It is possible that you may also be liable if you were given reasonable notice, time and opportunity to repair your car and fai

Once an automobile recall is initiated, can I take independent legal action for injuries I may have suffered?

Mon, 05 Jul 2010 14:56:24 GMT

Yes. The law specifically states that the recall remedies are in addition to other available legal remedies. To determine specific State law remedies, you should consult a lawyer or your State attorney general.

What is a safety-related motor vehicle defect?

Sat, 12 Mar 2011 19:17:41 GMT

The United States Code for Motor Vehicle Safety (Title 49, Chapter 301) defines motor vehicle safety as “the performance of a motor vehicle or motor vehicle equipment in a way that protects the public against unreasonable risk of accidents occurring because of the design, construction, or performance of a motor vehicle, and against unreasonable risk of death or injury in an accident, and includes nonoperational safety of a motor vehicle.” A defect includes &l

How are problems with recalled vehicles or equipment remedied?

Thu, 25 Feb 2010 21:13:11 GMT

Once a safety-defect determination is made, the law gives the manufacturer three options for correcting the defect – repair, replacement, or refund. In the case of a vehicle recall, the manufacturer may choose to repair the vehicle at no charge; replace the vehicle with an identical or similar vehicle; or refund the purchase price in full, minus a reasonable allowance for depreciation. In the case of equipment, including tires and child safety seats, the manufacturer

Can I sue if my resale value of my Toyota has gone down because of the Toyota Recall?

Wed, 01 Sep 2010 18:28:32 GMT

Yes, you may be able to sue if the resale of your Toyota motor vehicle has decreased because of the recent Toyota Recall. People who are interested in suing over the loss of resale value usually sue under an “economic loss” theory because the recalls have hurt the resale value of their vehicles. Kelley Blue Book guides have warned that Toyota values will continue to decrease by an additional 1.5% on top of the usual decline in vehicle value.

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