Federal report tied to Toyota floor mat recall released

- Union-Tribune

10/27/2009 - A federal report on the fiery, high-speed Lexus crash that killed a California Highway Patrol officer and his family found that the accelerator was stuck to an unsecured and incorrect floor mat and that the design of the gas pedal may have contributed to the crash.

Nothing in the report by the National Highway Traffic Safety Administration indicates when the floor mat may have attached to the pedal. Once the pedal was removed from the wreckage, it was found to be still operational and its spring action was “smooth and unencumbered,” the report said.

Federal highway investigators said the plastic pedal, a rigid, one-piece lever, has no hinge and therefore “no means for relieving forces caused by interferences.” Their report does not refer to alternative designs.

Toyota Motor Corp., maker of the Lexus, said earlier that wrong-sized floor mats may have trapped the gas pedal, causing unintended acceleration. The bottom of the accelerator was found melted to the right corner of the mat.

CHP Officer Mark Saylor of Chula Vista and his wife, Cleofe, both 45, their 13-year-old daughter, Mahala, and Saylor's brother-in-law Chris Lastrella, 38, died in the Aug. 28 crash in Santee.

Seconds before the loaner Lexus drove off state Route 125 at Mission Gorge Road, back-seat passenger Lastrella said in a 911 call that the gas pedal was stuck and that the car was traveling 120 mph.

A month after the crash, Toyota announced its biggest U.S. recall — 3.8 million vehicles — because of floor mats that may cause unwanted acceleration.

The highway safety report was issued to update the public regarding the recall, administration spokesman Eric Bolton said yesterday. It does not come to any conclusions about the cause of the accident.

The final report on the crash will be issued by the San Diego County Sheriff's Department. It is the lead investigator in the case and is sharing information with federal highway inspectors and the CHP.

In its recall announcement, Toyota advised drivers to remove all types of floor mats and warned owners that if their vehicle is accelerating out of control, they should check to see if the floor mat is under the pedal and remove it.

If that can't be done, the driver should step on the brake pedal with both feet until the vehicle slows and then try to put it into neutral and switch the ignition to accessory power.

Official recall letters are scheduled to be sent out this week, Toyota spokesman Brian Lyons said yesterday.

Many people have asked why Saylor did not shift the car into neutral. It has not yet been reported what gear the car was in when it crashed, and whether the 20-year CHP veteran tried to change gears.

Asked if it is possible to shift a speeding Lexus with a wide-open accelerator into neutral, Lyons said: “Absolutely.”

Clarence Ditlow, executive director of the Center for Auto Safety in Washington, said shifting the car into neutral at that speed would be “difficult at best.”

Ditlow said the configuration of the gear shift panel, as outlined in a 2008 highway administration report, showed that the neutral position in the gear shift pattern was not immediately obvious, which led to unsuccessful attempts to disengage the engine.

A driver who is speeding down a crowded highway would have both hands on the wheel and would have to take his eyes off the road in order to see where neutral was, Ditlow said. He surmised that Saylor was trying not to hit anyone else on the crowded highway.

“It was a courageous example of someone who sacrificed his life to save others,” Ditlow said.

In the highway administration's report, the floor mat in the 2009 Lexus ES 350, on loan from Bob Baker Lexus El Cajon, belonged in a 2005-09 Lexus RX400H sport utility vehicle.

The mat was not secured to the carpet by either of its two retaining clips. The report also addressed a problem with the vehicle's electronic ignition shutoff, saying there is no instruction on the dashboard that notes the push button must be held for three seconds while the car is in motion in order to shut off the engine.

It also looked at the brake pads and rotors, which showed signs of significant and heavy braking. Witnesses saw flames coming from the front and rear tires of the speeding Lexus before it crashed.

The rotors were discolored and heated with very rough surfaces. The pads were melted and the edges were bubbled and the friction surfaces were burned, the report said.

The report also indicated that the car's event data recorder was intact in the car with only minor fire damage, but attempts to retrieve its data have not been made.

If you or a loved one have been injured or suffered a loss due to a recalled Toyota or Lexus floor mat you may be entitled to compensation. Contact the Toyota Floor Mat Recall Lawyers of Ennis & Ennis, P.A. today by filling out the form on this page or calling toll-free: 1-800-856-6405. Nationwide Free Case Evaluations.