NHTSA Complaint #10502982 — 2013 LEXUS RX 350

I WAS DRIVING ON I-59 NORTH WITH WIFE AS PASSENGER WITH RADAR CRUISE CONTROL SET AT 70 MPH APPROACHING DEPARTURE EXIT. I TAPPED THE BRAKE PEDAL TO RELEASE THE CC AND IT DID NOT RELEASE. THINKING I HAD NOT TAPPED IT HARD ENOUGH, I MADE THE TURN AND TAPPED THE BRAKE PEDAL HARDER. THE CC DID NOT RELEASE. I APPLIED THE BRAKES WITH FULL FORCE. THE ENGINE RACED TO SATISFY THE CC AND THE SPEED WAS 69 MPH GOING INTO THE EXIT. MY FOCUS WAS STEERING THE VEHICLE TO AVOID OBJECTS AND TRAFFIC. WE CRASHED ACROSS A FOUR LANE CONCRETE CURBED BOULEVARD AND INTO A CHAIN-LINK FENCE. I STEERED DOWN A FRONTAGE ROAD AND BROUGHT THE VEHICLE TO A STOP. THIS WAS A 30 SECOND + EVENT. THE BLACK BOX CAPTURED 9.5 SECONDS OF INFORMATION. LEXUS DOWNLOADED THE BLACK BOX AND I REQUESTED A COPY OF THE INFORMATION WHICH THEY DID FURNISH ON A THUMB DRIVE. THEY IMMEDIATELY ERASED ALL EVIDENCE OF THE CRASH FROM THE VEHICLE DATA RECORDER AND PROCLAIMED THERE WERE NO PROBLEMS WITH THE VEHICLE. THE THUMB DRIVE DATA CLEARLY DISPLAYS THAT THE CAR WAS TRAVELING 69 MPH ON THE DATA RECORDER. IT ALSO SHOWS THAT THE CC DROPPED OUT DURING THE CRASH. I RECEIVED A LETTER FROM TOYOTA LEGAL IN TORRANCE, CA, INDICATING THAT THEIR REVIEW OF THE VEHICLE FOUND NOTHING WRONG WITH IT AND THE CASE WAS CLOSED. THE BODY SHOP REPAIRS WERE $16K PLUS THE DEPRECIATED VALUE OF THE VEHICLE IS $11K. NALLEY LEXUS GALLERIA, SMYRNA, GA, WHERE THE VEHICLE WAS PURCHASED, DEFERS ALL COMMUNICATIONS TO TOYOTA. I HAVE BEEN A TOYOTA CUSTOMER SINCE 1990 AND THIS HAS BEEN MY THIRD LEXUS RX. BITTER SWEET END! MB