2009 Lexus ES350 Driver assistance Problems

PETITION FOR A DEFECT INVESTIGATION INTO LOW-SPEED SURGING IN DIFFERENT MODELS OF TOYOTA AUTOMOBILES IN WHICH THE CAR STARTS ACCELERATING AND THE ENGINE RPM INCREASES WHEN ACCELERATOR IS NOT DEPRESSED. *SMD THE CONSUMER STATED ON FEBRUARY 13, 2015, HIS WIFE WAS DRIVING TO AN APPOINTMENT. SHE PULLED INTO THE PARKING LOT AND DID NOT HAVE HER FOOT ON THE BRAKE PEDAL AS SHE WAS COASTING INTO THE PARKING SPOT. THE VEHICLE SUDDENLY ACCELERATED. BIG BUSHES IN FRONT OF THE VEHICLE LIMITED THE SPEED, SO HIS WIFE TURNED OFF THE IGNITION AND THE VEHICLE FELL BACK. A WITNESS SAW THE ENTIRE EVEN AND ATTESTED TO THE FACT THE ENGINE SUDDENLY STARTED ROARING. THE FRONT OF THE VEHICLE WAS SMASHED. THERE WERE NO INJURIES. THE VEHICLE WAS TOWED FROM THE SCENE AND SUBSEQUENTLY INSPECTED BY A REPRESENTATIVE OF THE MANUFACTURER. THE PETITIONER DISPUTES THE MANUFACTURER'S CONCLUSION THAT THE EDR READOUT DOWNLOADED AS PART OF THAT INSPECTION PROVIDED NO EVIDENCE THAT THE INCIDENT "WAS THE RESULT OF ANY TYPE OF MANUFACTURING OR DESIGN DEFECT." *JB UPDATED 07/27/15. *JB UPDATED 07/29/15. *JLQ

NHTSA ID

10732103

Incident

Feb 13, 2015

I PUT THE CAR ON D TO DRIVE. I STOPPED AT A RED LIGHT, I BRAKE THE CAR TO STOP. WHEN THE LIGHT TURNED GREEN, I PRESSED ON THE GAS PEDAL TO DRIVE FORWARD, BUT THE CAR REVERSED WITHOUT ME PUTTING ON R. THE REVERSE GO WAS SLOW. WHEN IT REVERSED, I TRIED TO STOP THE CAR CAR BY PRESSING ON THE BRAKE PEDAL, BUT I COULD NOT STOP THE CAR THAT WAY. I HAD TO TURN OFF THE CAR TO STOP THE REVERSE. THE CAR REVERSED LIKE THAT BOTH TIMES SPORADICALLY ON TWO CONSECUTIVE DAYS - ON 11.11.2014 AND ON THE MORNING OF 11.12.2014. MY CAR WAS UNDER WARRANTY. I BROUGHT IT TO THE SERVICE OF LEXUS AT LONGO ON THE EVENING OF 11.12.2014, WHICH IS WHERE THE VEHICLE WAS BOUGHT. THEY FOUND NO PROBLEM WITH THE CAR, CHARGE ME MONEY, AND GAVE THE CAR BACK TO ME THE NEXT DAY. I BELIEVE THAT THE CAR NEEDS MORE INVESTIGATION. I AM AFRAID OF THE SPORADIC REVERSAL OF THE CAR WHILE IT IS ON D. I AM FURTHER AFRAID THAT AT HIGH FREEWAY SPEED, THE PROBLEM IT COULD CAUSE IS EVEN MORE DANGEROUS. *TR

NHTSA ID

10655131

Incident

Nov 11, 2014

Mileage

71,000 mi

CAR WAS BEING DRIVEN INTO A PARKING SPOT AT LESS THAN 5 MPH WHEN IT SUDDENLY ACCELERATED AND STARTED TO CLIMB A ROCK HILL BEFORE IT COULD BE STOPPED. WHEELS WERE TURNED TO RIGHT AS RESULT OF TURN INTO PARKING SPOT WHICH CAUSED THE VEHICLE TO START TIPPING OVER. AIR BAGS WERE NOT DEPLOYED AND REPAIRS ARE APPROXIMATELY $4500. *TR

NHTSA ID

10511287

Incident

May 8, 2013

Mileage

54,900 mi

ON MONDAY AUGUST 6TH, 2012 AT APPROXIMATELY 5: 25 AM, I ([XXX]) WAS ARRIVING AT WORK AT METHODIST HOSPITAL. I PULLED IN THE PARKING LOT AND STARTED TO MAKE A WIDE U TURN INTO A PARKING STALL DRIVING ABOUT 5 MILES PER HOUR. MY CAR SUDDENLY ACCELERATED AND THE BRAKES WOULD NOT WORK AND I WAS UNABLE TO STOP THE VEHICLE. I KEPT TRYING TO BRAKE TO NO AVAIL. I WENT THROUGH A FENCE AND DROVE OVER A STEEL POLE. JUST AS I WAS ABOUT TO HIT A VERY LARGE TREE, THE CAR FINALLY STOPPED. THE BRAKES FINALLY WORK ABOUT 3 TO 4 FEET IN FRONT OF THE TREE. I WAS ABLE TO DRIVE AROUND THE TREE AND PARK LIKE I DO EVERY DAY. AFTER PARKING, I GOT OUT OF THE VEHICLE, GOT MY PHONE FROM MY PURSE IN THE TRUNK AND CALLED MY HUSBAND AND TOLD HIM WHAT HAD JUST HAPPENED. I WAS VERY SHAKEN AND CRYING. THE CAR WAS WRECKED ON THE PASSENGER SIDE. [XXX] CALLED SECURITY & [XXX] CAME OVER. WE BOTH WENT BACK OUT WHERE THE ACCIDENT HAPPENED. I SHOWED HIM WHERE IT HAPPENED, WHAT HAPPENED AND WHERE I ENDED UP. [XXX] TOLD A FEW PHOTOS. WE HAVE CONTACTED LEXUS [XXX] #2 OPTION (JUDY)AND OUR ATTORNEY ([XXX]) [XXX]. WE HAVE TAKEN THE VEHICLE TO LEXUS OF OMAHA. LEXUS WANTS US TO SIGN A BLACK BOX RELEASE. OUR ATTORNEY SUGGEST WE TURN IN A CLAIM TO SEE IF FARMERS WISHES TO SEE THE BLACK BOX 1ST.. INFORMATION REDACTED PURSUANT TO THE FREEDOM OF INFORMATION ACT (FOIA), 5 U.S.C. 552(B)(6). *TR

NHTSA ID

10470188

Incident

Aug 6, 2012

Mileage

39,960 mi

TL* THE CONTACT OWNS A 2009 LEXUS ES350. THE CONTACT WAS REVERSING FROM A RESIDENTIAL GARAGE. AS THE BRAKES WERE APPLIED AND THE CONTACT SHIFTED FROM REVERSE TO DRIVE, THE VEHICLE ABNORMALLY ACCELERATED. THE CONTACT CRASHED INTO A BRICK WALL AND SUSTAINED INJURIES TO THE LEFT LEG. THE CRASH CAUSED DAMAGED THE CONTACT'S HOME. THE MANUFACTURER WAS MADE AWARE OF THE FAILURE AND SENT AN INVESTIGATOR TO INSPECT THE VEHICLE. THE VEHICLE WAS TOWED TO A LOT BY THE INSURANCE COMPANY AND DEEMED DESTROYED. THE VEHICLE WAS NOT REPAIRED. THE VIN WAS NOT AVAILABLE. THE APPROXIMATE FAILURE MILEAGE WAS 29,000.

NHTSA ID

10461440

Incident

May 7, 2012

Mileage

29,000 mi

WHEN I WAS GOING TO PARK MY CAR IN THE BOX IN FRONT OF THE HOTEL ROOM, I TOUCHED THE ACCELERATOR SLIGHTLY TO ADVANCE THE TWO METERS DISTANT TO BE PROPERLY PARKED, THEN THE ACCELERATOR RUN IN HIGH SPEED THE BRAKES DID NOT RESPOND. TO REDUCE THE IMPACT, I TURNED THE WHEEL TO THE RIGHT AND CRASHED INTO THE HOTEL WALL. PEOPLE FROM LEXUS IS MAKING AN INVESTIGATION. THE QUESTION IS HOW CONFIDENT IS THAT INVESTIGATION. THE CAR WAS CHECK THE DAY BEFORE FOR 15,000 MILES CHECK. I LIVE NOW IN DURANGO, MEXICO AND JUST CAME TO HAVE MY CAR CHECKED.

NHTSA ID

10382019

Incident

Jan 22, 2011

Mileage

15,807 mi

2009 LEXUS 350. CONSUMER WRITES REGARDING LEXUS RECALL FLOOR MAT INTERFERENCE WITH ACCELERATOR PEDAL AND CHANGE TO COMPUTER FOR ENGINE SHUT DOWN *TGW THE CONSUMER WAS NOT SATISFIED WITH THE RECALL MODIFICATIONS THAT WERE PERFORMED. THE CONSUMER ALSO STATED THE FLOOR MATS WERE NOT REPLACED AS HE WAS TOLD THEY WOULD BE. THE CONSUMER STATED THE PEDAL WAS TOO SHORT AND HIS FOOT COULD SLIP OFF THE END AND BECOME LODGED UNDER THE PEDAL. *JB

NHTSA ID

10372795

Incident

Dec 1, 2010

TL*THE CONTACT OWNS A LEXUS ES 350. THE CONTACT STATED THAT THE DRIVER WAS TURNING INTO A PARKING SPACE WHEN THE VEHICLE SUDDENLY ACCELERATED, JUMPED A CURB AND HIT A PARKED VEHICLE. THERE WAS A MINOR INJURY AS A RESULT OF THE ACCIDENT (SOMEONE IN ANOTHER VEHICLE). THE VEHICLE HAD PREVIOUSLY BEEN REPAIRED ACCORDING TO RECALL 09V388000 (VEHICLE SPEED CONTROL: ACCELERATOR PEDAL). A POLICE REPORT WAS FILED. THE CONTACT FILED A COMPLAINT WITH THE MANUFACTURER WHO STATED THAT SOMEONE WOULD GET BACK WITH HIM. THE CONTACT WAS CURRENTLY AWAITING THE CALL BACK. THE VEHICLE HAD NOT BEEN REPAIRED. THE CURRENT AND FAILURE MILEAGES WERE UNKNOWN.

NHTSA ID

10360054

Incident

Oct 9, 2010

ON JULY 22, 2010 I HAD BEEN TRAVELING FROM CAPE COD AND WAS ON I84 USING MY CRUISE CONTROL ON MY 2009 LEXUS ES, SET TO 64 MPH. I WOULD CANCEL IT BY PUSHING THE LEVER TOWARDS ME WHEN TRAFFIC GOT HEAVY AND PUSH "RESUME" WHEN I HAD AN OPEN ROAD. AFTER TRAVELING ABOUT 210 MI AND USING IT IN THE ABOVE MANNER IT WOULD NOT RESUME AS BEFORE. THE CAR WOULD SURGE AND ACCELERATE TO OVER 75 MPH. I HAD TO CANCEL THE CRUISE FOR IT TO STOP ACCELERATING BECAUSE IT WAS NOT STOPPING. I WAS NOT USING THE PEDALS AT ANY TIME. I TRIED IT TWICE. THE SAME THING HAPPENED. I THEN TURNED OFF THE CRUISE ENTIRELY AND DIDN'T USE IT AGAIN. *TR

NHTSA ID

10345426

Incident

Jul 22, 2010

Mileage

7,939 mi

I AM REQUESTING THAT DOT NHTSA INVESTIGATE THE DRIVER'S CONTRIBUTION TO UNINTENDED ACCELERATION (UA) DUE TO PROGRAMMING CODE ERROR. I AM DRIVING AT 40 MPH. I SEE SIGNAL LIGHT TURNING RED. I TOOK MY FOOT OFF ACCELERATOR. THE CAR IS COASTING. WHEN SPEED REACHED 20 MPH, THE CAR SUDDENLY STARTED ACCELERATING. I STEPPED ON THE BRAKE. CAR STARTED SLOWING DOWN. I REPORTED THIS TO LEXUS HEADQUARTER ON 03-01-10 (LEXUS INCIDENT.) I WAS ASKED TO DROP OFF MY CAR AT DEALER ON 03-30-2010 SO THAT FIELD TECHNICAL SPECIALIST CAN INVESTIGATE. I WAS ASKED TO PICK UP MY CAR ON 03-31-10. I REQUESTED COPY TECHNICIANS FINDINGS AND REPORT. AS PER TECHNICIAN'S REPORT, "WE WERE ABLE TO DUPLICATE HIS CONCERN. WHAT IS HAPPENING IS THAT AS THE VEHICLE SLOWS DOWN THE TORQUE CONVERTER LOCK UP IS TURNING OFF. THIS REDUCES THE AMOUNT OF ENGINE BRAKING AND GIVES THE FEELING THAT THE VEHICLE HAS SPED UP. WE COMPARED THIS TO ANOTHER ES350 AND IT HAS THE SAME CHARACTERISTICS. NO REPAIRS MADE, VEHICLE IS OPERATING AS DESIGNED." I WROTE LEXUS HEAD-QUARTER AGAIN SAYING, "THIS IS NOT A FEELING I EXPERIENCED. IT IS A REAL ISSUE. I NOTICED SPEEDOMETER READING RISING." I RECEIVED A PHONE CALL FROM LEXUS HEADQUARTER INDICATING THERE IS NOTHING MORE THEY CAN DO. I ASKED, "CAN YOUR TECHNICIAN REPEAT THE TEST WITH ME IN THE CAR WITH HIM?". THEY SAID, "IT IS NOT NECESSARY". SINCE MY FOOT WAS NOT ON ACCELERATOR OR BRAKE WHEN CAR STARTED ACCELERATING, I SUSPECT PROGRAMMING CODE ERROR. MY CAR WAS ALREADY REPAIRED DURING SAFETY RECALL BY LEXUS SOME TWO MONTHS AGO. SO, THIS IS NOT A STUCK ACCELERATOR ISSUE. I REQUEST YOUR ASSISTANCE IN HAVING LEXUS REPEAT THIS TEST WITH ME INSIDE THE CAR TO WITNESS THEIR TEST. THEY HAVE REFUSED TO DO THIS. CAR WAS PURCHASED BRAND NEW FROM STERLING MCCALL LEXUS, HOUSTON IN DECEMBER 08. IT IS LEXUS 2009, ES 350. CAR IS BARELY USED SINCE WE BOUGHT IT 16 MONTHS AGO. IT HAS 3,300 MILES ON IT. ALL ROUTINE REQUIRED MAINTENANCE WAS PERFORMED BY DEALER. *TR

NHTSA ID

10324380

Incident

Feb 25, 2010

Mileage

3,200 mi

TL*THE CONTACT OWNS A 2008 LEXUS ES350. ON FEBRUARY 9, 2010, WHILE THE CONTACT WAS ATTEMPTING TO CHANGE GEARS WITH HIS FOOT ON THE BRAKE, THE VEHICLE SUDDENLY ACCELERATED. HE ATTEMPTED TO SLOW THE VEHICLE DOWN BY DEPRESSING THE BRAKE PEDAL WITH BOTH FEET BUT THE VEHICLE DID NOT STOP AND COLLIDED INTO A WALL. THE DRIVER WAS NOT INJURED BUT THE PASSENGER DID SUSTAIN INJURIES TO THE MOUTH AND UPPER BODY. A POLICE REPORT WAS FILED. THE CURRENT AND FAILURE MILEAGES WERE APPROXIMATELY 28,000. THE CONSUMER IS REQUESTING THE FINDINGS ON THE VEHICLE. UPDATED EVOQ 10/13/10 THE CONSUMER ALSO STATED THE AIR BAGS FAILED TO DEPLOY. UPDATED 02/25/11

NHTSA ID

10322281

Incident

Feb 9, 2010

Mileage

28,000 mi

2009 LEXUS ES350, VEHICLE ACCELERATED. *BF THE CONSUMER STATED HE ACCELERATED TO PASS ANOTHER VEHICLE AND WHEN HE REMOVED HIS FOOT FROM THE ACCELERATOR, THE VEHICLE ACCELERATED UP TO 80 MPH, BEFORE IT RESUMED NORMAL OPERATION. THE VEHICLE WAS REPAIRED UNDER RECALL ON MARCH 26, 2010. THE CONSUMER STATED THE VEHICLE IS STILL NOT OPERATING CORRECTLY.*JB

NHTSA ID

10322011

Incident

Feb 23, 2010

Mileage

21,000 mi

2009 LEXUS 350. CONSUMER STATES BRAKE FAILURE WHICH CAUSING A MULTI CAR ACCIDENT. *TGW THE CONSUMER STATED HE APPLIED THE BRAKES, BUT THE VEHICLE DID NOT STOP AND SUBSEQUENTLY HE HIT ANOTHER VEHICLE. THE CONSUMER STATED HE DID RECEIVE A RECALL NOTICE. *JB

NHTSA ID

10319782

Incident

Jan 2, 2010

MY WIFE AND I EXPERIENCED AN UNCONTROLLABLE RUNAWAY OF OUR NEW (3 WEEKS OLD AND LESS THAN 200 MILES) LEXUS ES-350 CAR ON 09/27/2009. THE CAR WAS TOTALED. AT TIME, BOTH POLICE AND AMBULANCE WERE CALLED. AND WE WERE SENT TO THE NEARBY SHADY GROVE HOSPITAL FOR CHECKUP AND TREATMENTS. INITIALLY, I THOUGHT IT COULD BE BECAUSE I MISTAKENLY PRESSED THE GAS PEDAL, INSTEAD OF THE BRAKE, WHEN I TRIED TO SLOW DOWN THE CAR PREPARING TO MAKE A LEFT-HAND TURN ONTO RT. 28. NOW, AFTER I READ ALL THE RECENT TOYOTA/LEXUS ACCIDENT NEWS REPORTS, WHICH SPECIFICALLY INVOLVED THE LEXUS ES SERIES, I BEGIN TO BELIEF IT WASN'T THE CASE. AND IN FACT, IT WAS AN UNCONTROLLABLE RUNAWAY CAR, AT THE TIME. BECAUSE OTHERWISE I WOULD HAVE NATURALLY SLOWED DOWN THE CAR AT THE INTERSECTION AND PREPARED TO MAKE THE TURN. THEREFORE, I SHOULDN'T BE THE ONE WHO CONTRIBUTED TO THE ACCIDENT; ALSO CONSIDERING THE FOLLOWING:(1) I'M AN EXPERIENCED DRIVER, AND HAVE DRIVEN ALL KIND OF BRAND AND SIZES OF CARS, AND UNDER VARIOUS WEATHER AND ROAD CONDITIONS SINCE 1962; (2) THE ACCIDENT HAPPENED ON THE GREAT SCENECA HWY IN GAITHERSBURG. I'VE BEEN LIVING IN THIS SPECIFIC AREA SINCE 1974; AND GOING THROUGH ALL THE COMMUNITY CHANGES AND EXPANSIONS, INCLUDING NEW ROAD STRUCTURES, AND TRAFFIC PATTERNS; (3) I'VE A SUPERIOR DRIVING RECORD; AND A 20/20 VISION. *TR

NHTSA ID

10320478

Incident

Sep 27, 2009

Mileage

200 mi

GAS PEDAL GOT STUCK ON A RECALLED LEXUS LEADING TO A CRASH, AFTER THE RECALL WORK WAS DONE BY THE DEALERSHIP. *TR

NHTSA ID

10319945

Incident

Mar 15, 2010

TL*THE CONTACT OWNS A 2009 LEXUS ES350. WHILE THE CONTACT WAS ATTEMPTING TO PULL OUT OF A PARKING SPACE SHE APPLIED THE BRAKES AND THE VEHICLE SUDDENLY ACCELERATED WITHOUT WARNING. IN ORDER TO STOP THE ACCELERATION THE CONTACT HAD TO APPLY HARD PRESSURE TO THE BRAKE PEDAL. THE VEHICLE WAS TAKEN TO THE DEALERSHIP WHERE THE CONTACT WAS INFORMED THAT THE FLOOR MAT CAUSED THE ACCELERATION AND THEY WERE REPLACED. THE VIN WAS NOT AVAILABLE.THE FAILURE MILEAGE WAS AT 2000 AND THE CURRENT MILEAGE IS 4800. THE VIN WAS UNAVAILABLE.

NHTSA ID

10319326

Incident

Nov 25, 2009

Mileage

2,000 mi

MY VEHICLE LEXUS ES350 (2009) IS UNDER RECALL FOR SAFETY AS IT GAS PEDAL IS GETTING STUCK IN SOME CASES. I HAD DIFFICULT TIME FOR LEXUS TO TAKE CARE AND TO FIX THIS PROBLEM. BUT I WANT TO REPORT THAT LEXUS DOES STILL NOT OWN ITS RESPONSIBILITY. I HAD CALLED LEXUS ON FEB 19, 2010, TO CHECK ON THE STATUS OF THE RECALL REPAIR. I WAS TOLD: "CAR IS SAFE TO DRIVE AND THAT 'IT IS NOT A SAFETY RECALL." THIS WAS TOLD TO ME REPEATEDLY, EVEN THOUGH I KEPT TELLING THE LEXUS PERSON THAT THEIR OWN WEBSITE IS SAYING CONTRARY TO HER CLAIM. I THINK IT IS VERY MISLEADING --TELLING CUSTOMERS THAT VEHICLE IS SAFE TO DRIVE; AND THIS IS NOT A SAFETY RECALL BUT VOLUNTARY RECALL BY THE COMPANY. I HAVE GOT MY VEHICLE FIXED. BUT I AM SURPRISED AT THE COMPANY'S STYLE OF MISLEADING CUSTOMERS. *TR

NHTSA ID

10317916

Incident

Feb 19, 2010

Mileage

45,000 mi

TL*THE CONTACT OWNS A 2009 LEXUS ES350. THE CONTACT STATED HE TOOK HIS VEHICLE IN FOR THE REMEDY ON THE ENTRAPMENT PEDAL AND HE DID NOT REALIZED THAT THEY WOULD SHORTENED THE ACCELERATOR PEDAL. HE IS DISAPPOINTED IN THE RESULTS AND WHAT THEY DID TO THE PEDAL HE IS NOT COMFORTABLE DRIVING THE VEHICLE. THE TOYOTA MANUFACTURER AND DEALER DID NOT INFORM HIM OF EXACTLY WHAT THE FIX WOULD BE ON THE VEHICLE. THE TOYOTA MANUFACTURER INFORM HIM THAT NHTSA SAID IT WAS ACCEPTABLE FOR THEM TO CUT THE ACCELERATOR PEDAL OFF. THE DEALER ALSO STATED THEY CANNOT MODIFY THE PEDAL. THE FAILURE MILEAGE WAS 3,000.

NHTSA ID

10317664

Incident

Feb 27, 2010

Mileage

3,000 mi

TL*THE CONTACT OWNS A 2009 LEXUS ES350. THE CONTACT WAS DRIVING APPROXIMATELY 30 MPH ENTERING THE HIGHWAY. A SUDDEN INCREASE OF ACCELERATION CAUSED THE SPEED TO INCREASE TO OVER 60 MPH. THE BRAKES WERE DEPRESSED AND THE VEHICLE SLOWED DOWN. THE VEHICLE CONTINUED IN OPERATION. THE VEHICLE WAS TAKEN TO THE DEALER FOR DIAGNOSTIC TESTING. THE CONTACT IS WAITING ON A RESPONSE FROM THE DEALER FOR THE CAUSE OF FAILURE. THE MANUFACTURER WAS NOTIFIED. THE FAILURE MILEAGE WAS 11,500.

NHTSA ID

10316076

Incident

Feb 24, 2010

Mileage

11,500 mi

2009 LEXUS ES-350 HAD SUDDEN ACCELERATION WHICH WAS OUT OF CONTROL IN MAY 2009. I HAD BROUGHT THIS CAR BACK TO LEXUS DEALERSHIP AT SOUTHFILED, MI WHO SAID IT WAS NOT AN ISSUE. *TR

NHTSA ID

10301809

Incident

May 20, 2009

TL* THE CONTACT OWNS A 2009 LEXUS ES350. AT A STOP SIGN HE SLIGHTLY RELEASED THE BRAKE AND SLIGHTLY PRESSED THE ACCELERATOR PEDAL, BUT THE VEHICLE HAD SUDDENLY LURCHED FORWARD. HE WAS ABLE TO SAFELY AVOID A CRASH. THE VEHICLE HAS NOT BEEN DIAGNOSED BY THE DEALERSHIP. THE CURRENT AND FAILURE MILEAGES WERE 8780.

NHTSA ID

10291458

Incident

Nov 9, 2009

Mileage

8,780 mi

TL*THE CONTACT LEASED A 2009 LEXUS ES350. WHILE DRIVING APPROXIMATELY 35 TO 40 MPH ON THE HIGHWAY, THE VEHICLE ACCELERATED 80 TO 90 MPH. HE ATTEMPTED TO ENGAGE THE BRAKE PEDAL AND THE EMERGENCY BRAKE TO STOP THE VEHICLE AND WAS UNSUCCESSFUL. HE ALSO PRESSED THE ON/OFF BUTTON, SHIFT THE VEHICLE IN REVERSE AND WAS UNABLE TO STOP THE VEHICLE. HE WAS ABLE TO DRIVE WITH MINIMAL CONTROL TO AN EMERGENCY LANE WHERE HE WAS ABLE TO SHIFT THE VEHICLE INTO REVERSE THEN IMMEDIATELY TO PARK; HOWEVER, THE TRANSMISSION BEGAN SMOKING AND THE VEHICLE SLOWED DOWN. THE CONTACT DROVE THE VEHICLE TO HIS RESIDENCE. HE WAS ALSO ABLE TO DRIVE THE VEHICLE TO THE DEALER AND EXPECTS THEM TO ALLOW HIM TO RETURN THE VEHICLE. THE SERVICE DIRECTOR STATED THAT THE FAILURE WAS CAUSED BY THE FLOOR MATS AND THAT THE HOOKS WERE NEVER INSTALLED IN THE VEHICLE. THE MANUFACTURER PROVIDED NO ASSISTANCE. THE CURRENT MILEAGE WAS APPROXIMATELY 11,900 AND THE FAILURE MILEAGE WAS ALSO APPROXIMATELY 11,890.

NHTSA ID

10286278

Incident

Sep 30, 2009

Mileage

11,890 mi

ON AUGUST 28, 2009, FOUR OCCUPANTS OF A 2009 LEXUS ES350 TRAGICALLY AND UNNECESSARILY DIED IN SANTE, CALIFORNIA IN SAN DIEGO COUNTY FOLLOWING A HIGH SPEED LOSS OF CONTROL AND ROLLOVER EVENT. THE VEHICLE IN QUESTION WAS A LOANER CAR FROM BOB BAKER LEXUS IN EL CAJON, CALIFORNIA. DRIVER OF THE VEHICLE, 45, A 19 YEAR VETERAN OF THE CALIFORNIA HIGHWAY PATROL. THE DRIVER HAD OBTAINED THE VEHICLE THAT DAY AFTER DROPPING OFF HIS LEXUS FOR SERVICE. WITNESSES REPORT THAT THE OFFICER WAS MANEUVERING THE LEXUS IN AND OUT OF TRAFFIC AT HIGH RATES OF SPEED ON STATE ROUTE 125, HONKING HIS HORN WITH THE HAZARD LIGHTS ON, PRIOR TO THE HIGHWAY ENDING AT AN INTERSECTION. THE OFFICER ATTEMPTED TO NEGOTIATE A TURN BUT COULD NOT AVOID STRIKING ANOTHER VEHICLE AND LOSING CONTROL BECAUSE OF HIS HIGH RATE OF SPEED. ROLLED SEVERAL TIMES, AND CAUGHT FIRE. ALL FOUR OCCUPANTS ARE REPORTED TO HAVE DIED ALMOST IMMEDIATELY. PRIOR TO ENTERING THE INTERSECTION, AN OCCUPANT OF THE VEHICLE CALLED 911 EMERGENCY TO REPORT THAT THE ACCELERATOR WAS STUCK. HE REPORTED THAT THE VEHICLE WAS TRAVELING 120 MILES PER HOUR AND THAT THEY WERE APPROACHING AN INTERSECTION. OCCUPANTS ARE HEARD TELLING EACH OTHER TO PRAY BEFORE A WOMAN SCREAMS AND THE CALL SUDDENLY ENDS. THE OFFICER(DRIVER OF THE VEHICLE, HIS WIFE , 45, AND THEIR 14 YEAR OLD DAUGHTER ALL DIED IN THE CRASH. THE WIFE'S BROTHER, 38, ALSO DIED. ON BEHALF OF THE SURVIVING FAMILY MEMBERS OF THE DECEDENTS, WE RESPECTFULLY REQUEST YOU TO INVESTIGATE WHY THIS LEXUS VEHICLE'S ACCELERATOR MALFUNCTIONED, AND WHY A HIGHLY-TRAINED OFFICER AND DRIVER LIKE THE OFFICER WAS UNABLE TO RE-GAIN CONTROL OF THE LEXUS VEHICLE AT ISSUE OR OTHERWISE AVOID CATASTROPHE. WE CURRENTLY ARE AWAITING ADDITIONAL FACTS SURROUNDING THE INCIDENT, AND THE MALFUNCTION OF THE LEXUS, BUT WILL SUPPLEMENT THIS COMPLAINT UPON RECEIPT. *TR UPDATED 12/01/09 *BF UPDATED 06/03/10*BF UPDATED 09/23/10 UPDATED 9/27/11*CW

NHTSA ID

10284881

Incident

Aug 28, 2009

LEXUS ES 350 HAD UNCONTROLLED ACCELERATOR CAUSING SPEEDS IN EXCESS OF 90 MILES PER HOUR UNTIL CAR WAS FORCED OUT OF GEAR. WITHOUT ATTEMPTS TO ACCELERATE THE CAR TOOK OVER AND SPED OUT OF CONTROL. CRUISE CONTROL WAS NOT ENGAGED AND BRAKES WOULD NOT SLOW THE VEHICLE. I CALLED 911 AND THEY TOLD ME TO PUT THE CAR IN NEUTRAL WHICH CAUSED THE RPMS TO RACE OUT OF CONTROL. THE CAR THEN WENT INTO REVERSE BY ITSELF UNTIL I SLAMMED IT INTO PARK. THE DEALER CAME AND PICKED UP THE CAR AS IT WAS UNSAFE TO DRIVE. FORTUNATELY THIS OCCURRED ON THE FREEWAY AND I HAD ROOM TO MANEUVER AND MISS CARS AND OBSTACLES. HAD THIS OCCURRED ANYWHERE ELSE I WOULD BE IN THE HOSPITAL. *TR

NHTSA ID

10281605

Incident

Aug 23, 2009

Mileage

500 mi