2010 Lexus Hs 250 Hybrid

PETITION FOR A DEFECT INVESTIGATION UNDER 49 U.S.C. 30162 BY INTERESTED PERSON FOR STANDARDS AND ENFORCEMENT (2 CD' S ENCLOSED). *SMD ACCORDING TO THE CONSUMER'S WIFE, THE ACCIDENT WAS CAUSED BY SUDDEN ACCELERATION. AS SHE WAS SLOWLY TURNING RIGHT INTO A PARKING SPOT, THE VEHICLE SUDDENLY ACCELERATED AND CRASHED INTO A BRICK BUILDING. THE FORCE OF THE CRASH CAUSED THE AIR BAGS TO DEPLOY. THERE WAS SO MUCH DAMAGE TO THE VEHICLE, IT WAS DECLARED A TOTAL LOSS. ACCORDING TO THE EDR RECORDING, THE LAST FIVE SECONDS BEFORE THE CRASH, IT SHOWED SHE WAS APPLYING LIGHT PRESSURE TO THE GAS PEDAL UP UNTIL THE LAST .8 SECONDS. FOR THE LAST .8 SECONDS THE EDR SHOWED HER FOOT WAS ON THE BRAKE AND THE THROTTLE WAS A T NEARLY MAXIMUM VALUE. DURING THE LAST .8 SECONDS THE VEHICLE WENT FROM 5 MPH TO 9.9 MPH AND THE ENGINE RPM WENT FROM 1200 TO 2800. *JB

MY ACCIDENT WAS CAUSED BY UNINTENDED ACCELERATION. AS I WAS SLOWLY TURNING RIGHT INTO A PARKING PLACE, THE CAR SUDDENLY ACCELERATED AND CRASHED INTO A BRICK BUILDING. THE FORCE OF THE CRASH CAUSED THE AIR BAGS TO DEPLOY. THERE WAS SO MUCH DAMAGE TO THE CAR THAT IT WAS A TOTAL LOSS. AFTER THE CRASH I OBTAINED THE EVENT DATA RECORDER (EDR) READING FROM A CONTRACTOR HIRED BY TOYOTA. IT SHOWED THAT FOR THE LAST 5 SECONDS BEFORE THE CRASH, I WAS APPLYING VERY LIGHT PRESSURE TO THE GAS PEDAL UP UNTIL THE LAST .8 SECONDS. FOR THE LAST .8 SECONDS THE EDR SHOWS THAT MY FOOT WAS ON THE BREAK AND THE THROTTLE WAS AT NEARLY MAXIMUM VALUE. DURING THE LAST .8 SECONDS THE CAR WENT FROM 5 MPH TO 9.9 MPH AND THE ENGINE RPM WENT FROM 1200 TO 2800. I DID NOT APPLY PRESSURE TO THE GAS PEDAL AT THIS TIME. I WAS APPLYING PRESSURE TO THE BREAK PEDAL. THIS IS A CASE OF UNINTENDED ACCELERATION CAUSED BY FAULTY ELECTRONIC THROTTLE CONTROL (ETC) SOFTWARE. SINCE THE EDR GETS IT DATA FROM THE ETC SOFTWARE AND NOT THE GAS PEDAL ITSELF, IT IS MOST LIKELY THAT THE SOFTWARE WAS A FAULT, AS I WAS NOT APPLYING THE GAS DURING THE LAST SECOND BEFORE THE ACCIDENT. IT WOULD BE IMPOSSIBLE FOR ME TO APPLY FULL PRESSURE TO THE GAS PEDAL WHILE APPLYING THE BREAKS AT THE SAME TIME ON THIS CAR. FIRST OF ALL MY SHOE WIDTH IS SMALLER THAN THE SPACE BETWEEN BREAK AND GAS PEDALS. FURTHERMORE THE BREAK PEDAL IS ABOVE THE GAS PEDAL MAKING IT NEARLY IMPOSSIBLE FOR ANYONE TO APPLY THE BREAKS AND FLOOR THE GAS AT THE SAME TIME. THIS IS A CASE OF FAILED ELECTRONIC CONTROL SOFTWARE, WHICH HAS BEEN IDENTIFIED IN SEVERAL LAWSUITS THAT TOYOTA HAS LOST RECENTLY. IN SPITE OF ALL THESE LOST CASES, A LOST CLASS-ACTION LAWSUIT, AND NUMEROUS DOCUMENTED ACCIDENTS WITH NHTSA, TOYOTA HAS DONE NOTHING TO FIX THE PROBLEM, WHICH IS FAULTY ELECTRONIC THROTTLE CONTROL SOFTWARE.

WHILE THE BRAKES ARE APPLIED AND THE VEHICLE GOES OVER A BUMP OR A POTHOLE OR A SLIPPERY SURFACE, THE FOLLOWING HAPPENS: - VEHICLE SLIPS, - BRAKES LOSE CONTROL (I.E. NO LONGER BEING APPLIED) FOR A FEW SECONDS, - THE VEHICLE ACCELERATES FOR A FEW SECONDS. THE ABOVE CONDITION HAPPENS AT APPROXIMATELY 35 MPH OR HIGHER SPED.

I WAS TURNING TO THE RIGHT INTO A PARKING SLOT. ALL OF THE SUDDEN, THE CAR SHOT FORWARD AND SLAMMED INTO A BRICK BUILDING. THE AIRBAGS DEPLOYED BECAUSE OF THE FORCE OF THE CRASH. PLEASE NOTE THIS IS AN EDITED VERSION OF AN EARLIER REPORT I SENT. THE CHANGE IS IN THE AFFECTED PARTS. THE PART THAT CAUSED THE ACCIDENT WAS A FAULTY ACCELERATOR (PROBABLY THE THROTTLE CONTROL SOFTWARE).

TL* THE CONTACT OWNS A 2010 LEXUS 250HS. THE CONTACT STATED THAT WHEN APPLYING THE BRAKES ON AN UNEVEN OR BUMPY ROAD SURFACE, THE BRAKES WOULD MALFUNCTION AND THE VEHICLE WOULD SKID TO A STOP. THE VEHICLE WAS TAKEN TO THE DEALER BUT THEY WERE UNABLE TO DUPLICATE THE FAILURE. THE VEHICLE WAS NOT REPAIRED. THE CONTACT ALSO STATED THAT THE EXTERIOR OF THE WINDSHIELD WOULD BECOME EXCESSIVELY FOGGY. THE VEHICLE WAS TAKEN TO THE DEALER WHERE THE AIR BLOWERS WERE READJUSTED BUT THE FAILURE PERSISTED. THE FAILURE MILEAGE WAS 23,000. UPDATED 01/09/15*LJ UPDATED 2/24/15*CN UPDATED 03/02/15*JB UPDATED 6/3/2015 *JS

THE BRAKES OF THE CAR COMPLETELY STOPPED WORKING WHILE THE CAR WAS BEING DRIVEN. WE HAD JUST PICKED UP THE CAR ON THE PREVIOUS FRIDAY FROM THE DEALERSHIP FOR A RECALL (WHICH WAS THE 2ND TIME IN FOR THE SAME ISSUE). MY WIFE AS ABLE TO FINALLY STOP THE CAR BY STEPPING ONTO THE EMERGENCY BOOT BRAKE. A LITTLE WHILE EARLIER SHE WAS DRIVING ON I-5 DRIVING 60MPH WHICH COULD HAVE BEEN DEADLY. AFTER RESEARCH THERE HAS BEEN MULTIPLE RECALLS FOR TOYOTA/LEXUS FOR BRAKE RELATED ISSUES. *TR

THE DRIVER SIDE MIRROR SNAPPED AND COLLAPSED INTO THE CAR WHILE IT WAS IN MOTION AT APPROXIMATELY 35MPH, LEAVING NO VISIBILITY IN BLIND SPOT ON DRIVERS SIDE. HAD TO PULL OVER INTO A RETAIL CENTER AND HAVE THE MIRROR TAPED IN A FIXED POSITION IN ORDER TO DRIVE HOME SAFELY. DEALER ACKNOWLEDGE THIS SAFETY ISSUE AS A KNOWN DEFECT OF THIS MAKE AND MODEL CAR, YET HAS NOT FILED AS A RECALL ITEM AND IS TAKING NO ACTION TO NOTIFY OWNERS OF THIS PROBLEM. DEALER REFUSED TO PAY FOR REPAIRS FOR THIS KNOWN SAFETY HAZARD/DEFECT. *TR

I CANNOT HEAR THE TURN SIGNAL OF MY LEXUS. I HAVE REASONABLE HEARING AND CAN HEAR THE TURN SIGNAL OF ALL OTHER CARS THAT I CAN DRIVE. LEXUS ENGINEERS HAVE DESIGNED THE TONE OF THE TURN SIGNAL SUCH THAT PEOPLE LIKE ME CANNOT HEAR IT. AS A RESULT, I LEAVE THE TURN SIGNAL ON LONGER THAN NECESSARY. OTHER DRIVERS THEN WILL DISREGARD MY TURN SIGNAL. THIS COULD LEAD TO AN ACCIDENT. MY WIFE CAN HEAR TO TURN SIGNAL SO IT IS PROBABLY WORKING AS DESIGNED. *TR

I WOULD LIKE TO FILE A COMPLAINT OF RECALL SERVICES PERFORMED BY LONGO LEXUS DEALER IN EL MONTE, CALIFORNIA. THE SERVICE REPRESENTATIVE OF LONGO TOLD ME THAT THE RECALL SERVICES CANNOT BE DONE ON THE SAME DAY DUE TO ?PARTS LIMITED ?NEED MORE THAN TWO HOURS TO PERFORM ?NEED DAYS TO GET THE PARTS AFTER CAR IN ?ADVISE ME TO GET A LOANER CAR AND LEFT THE CAR ON SATURDAY AND PICK UP ON TUESDAY OR SO I CANNOT UNDERSTAND BECAUSE (1) MY ONLINE SERVICES ALREADY GAVE SUFFICIENT TIME; (2) IF PARTS ARE LIMITED; WHY CANNOT ORDER PRIOR THAN THAT, (3) IF LONGO CONFIRMED BY ONLINE RESERVATION; WHY THIS SERVICES CANNOT BE DONE SAMEDAY; (4)WHY I ENDED UP WASTED MY TIME DROVE FROM CHINO HILLS TO EL MONTE (5) IF THIS IS THE CASE, ONLINE SERVICE SHOULD INCLUDE AN ADVISE OF SERVICES TIMING AND WE NEED TO CHOOSE OTHER OPTION OR RESCHEDULE (6) MY APPOINTMENT @11:30 AM TO DEALER?S CLOSING TIME IS MUCH MORE THAN 2 HOURS AND SHALL BE MORE THAN SUFFICIENT TO PERFORM SUCH SERVICES (7) WHY NOT INFORM CUSTOMER UPON OUR SERVICE RESERVATION (8) I FELT THIS IS DEALER?S BUSINESS ORIENTATION, NO RECALL SERVICES ON A BUSY WEEKEND (9) BUSY WEEKEND TIME SHOULD BE USED FOR MORE PROFIT ORIENTED CUSTOMER MAINTENANCE AND REPAIR SERVICES INSTEAD OF LOW OR NO PROFITABLE RECALL OBLIGATION, SO THIS SERVICES CAN ONLY BE DONE AT WEEKDAYS (10) OWNER NEED TO COME BACK AT WEEKDAYS OR LEAVE CAR FOR DEALER TO PERFORM REGULARLY (11) LEXUS SHOULD GRADE DEALERS? SERVICES SCORE FROM RECALL PERFORMANCE AS WELL (12) I FELT I WAS DISCOURAGED NOT TO DO THE RECALL SERVICES (13) DEALER JUST CREATED LOTS OF INCONVENIENCES TO CUSTOMER AND ASKED CUSTOMER TO DO SUCH SERVICES IN WEEKDAYS WORKING HOURS (14) OWNER HAS TO SCARIFY OWNER?S JOB TIME FOR SUCH RECALL SERVICES (15) USING A LOANER CAR IS ALSO A RISK TO OWNER; ESPECIALLY FOR DAYS. *TR