NHTSA Complaint #10451568 — 2003 LEXUS ES300

ON 9/4/2011 AT APPROX. 1: 41 PM, I WAS PULLING MY 2003 LEXUS ES300 (WITH MY FOOT ON THE BRAKE) INTO A SHOPPING CENTER PARKING SPACE WHEN IT SUDDENLY SURGED, THEN ACCELERATED OVER THE CURB AND ONTO A SIDEWALK WHERE PEOPLE WERE DINING AT TABLES. AS THE CAR ACCELERATED OVER THE CURB, I PUSHED HARDER ON THE BRAKE AND TRIED TO STEER THE CAR AWAY FROM THE DINERS. AS THE LEXUS GOES OVER THE CURB AND ONTO THE SIDEWALK, THE CAR CONTINUED TO ACCELERATE LIKE IT WAS BEING PULLED, AND THE DRIVER'S SIDE BUMPER HIT A TABLE OF DINERS. THREE PEOPLE ARE INJURED; ONE WITH COMPOUND FRACTURE. THE CAR CONTINUED TO ACCELERATE AS I CONTINUED TO PUSH ON THE BRAKE, TRYING TO WILL THIS CAR TO STOP. IT HIT TABLES AND CHAIRS AS PEOPLE JUMPED OUT OF THE WAY OF THIS RUNAWAY CAR! THE CAR DEFLECTED OFF A BUILDING AND CAME TO A STOP ON THE SIDEWALK. MY FOOT WAS STILL ON THE BRAKE. TIRE MARKS FROM THE BRAKING WERE VISIBLE ON THE CURB AND SIDEWALK AS LOCAL NEWS STATIONS RECORDED AND AIRED. AIRBAGS DID NOT DEPLOY. THE WEATHER AND VISIBILITY WERE CLEAR. AROUND 10/4/2011, ONE MONTH AFTER THE WRECK, A TOYOTA INVESTIGATOR INSPECTED THE CAR'S ACCELERATOR PEDAL AND FOUND IT "OPERATED SMOOTHLY AND RETURNED TO ITS IDLE POSITION WITHOUTANY BINDING OR STICKING...[IT WAS] CORRECTLY ALIGNED...NO DAMAGE OBSERVED. THE ELECTRICAL CONNECTOR WAS IN PLACE AND SECURE....A DIAGNOSTIC SYSTEM CHECK SHOWED THAT THERE WERE NO TROUBLE CODES RELATING TO THE OPERATION OF THE VEHICLE." BUT MY FOOT WAS ON THE BRAKE. AS OF 3/12/2012: PROPERTY DAMAGE: $20,000. LEXUS BODY DAMAGE:$9000. PERSONAL INJURIES: ONE SETTLED, ONE COUNTERED, ONE TALKING WITH A PERSONAL INJURY LAWYER. I NO LONGER OWN THE CAR. I WAS TERRIFIED TO DRIVE IT. *TR