NHTSA Complaint #10322665 — 2004 CHEVROLET CLASSIC

MY HUSBAND WAS TAKING OUR FOUR YOUNGEST CHILDREN TO SCHOOL OCT. 18, 2005, TRAVELING SOUTH ON I-45 IN THE HOUSTON AREA IN OUR 2004 MALIBU CLASSIC WHICH HAD APPROXIMATELY 40,000 MILES ON IT. WITNESSES SAID HE SWERVED AROUND SEVERAL CARS AND WAS GOING 80+ MPH. HE PULLED ONTO THE SHOULDER, PASSED AND CLIPPED A CAR; AND THEN PULLED OFF THE FREEWAY INTO THE GRASSY MEDIAN. HE SWERVED AROUND A POST, A LARGE ELECTRIC BOX AND A LARGE SIGN PILLAR. HIS LEFT FRONT TIRE HIT A CULVERT AND WAS FLATTENED. ACCORDING TO AN EXPERT, THIS PULLED HIS CAR TO THE LEFT, LEAVING THE CAR HARD TO STEER. THE CAR HIT A SIGN SUPPORT STRUCTURE. ALL FIVE WERE KILLED; THE CAR WAS DEMOLISHED AND CAUGHT FIRE. ACCORDING TO THE POLICE REPORT, THIS ALL TOOK PLACE IN LESS THAN 15 SECONDS. ACCORDING TO THE EXPERT REPORT, THE THROTTLE BODY WAS FOUND STUCK AT THE NEAR FULL THROTTLE POSITION; THE BRAKE PEDAL HAD SIGNIFICANT DEFORMATION IN THE FORWARD DIRECTION (BENT FROM THE REAR TO THE FRONT) INDICATING THE DRIVERS FOOT WAS ON THE PEDAL AT THE TIME OF IMPACT; THERE WAS LITTLE FIRE DAMAGE TO THE FRONT OF THE VEHICLE, HOWEVER, THE FRONT BRAKE PAD MATERIAL WAS OVERHEATED AND SPALLED, INDICATING HARD BRAKE/PEDAL APPLICATION; ALL FIVE SEATBELT LATCHES WERE FOUND AND STILL LOCKED; AND THE TIRES PLOWED UP THE DRY GRASS AND SOIL FROM THE TIME THE VEHICLE LEFT THE FREEWAY UNTIL IT HIT THE POLE, LEAVING A TRAIL THAT SCREAMED FOR HELP AND WAS STILL VISIBLE FOR WEEKS AFTER THE ACCIDENT OTHER VEHICLES DROVE ALL OVER THE MEDIAN AND LEFT NO IMPRESSIONS. THE EXPERT CONCLUDED THE BRAKE SYSTEM, THROTTLE CONTROL, VEHICLE SPEED CONTROL AND CRUISE CONTROL SYSTEM ARE DEFECTIVELY DESIGNED AND MANUFACTURED. THE FAMILY HAS HAD A LAWSUIT AGAINST GM SINCE OCT. 2007 WITH NO RESOLUTION.