NHTSA Complaint #10723780 — 2004 LEXUS ES

THE DRIVER WAS PULLING INTO A PARKING SPACE AT THE LOCAL TRAIN STATION. SHE WAS GOING FORWARD AT ABOUT 1 MPH WITH HER FOOT ON THE BRAKE PEDAL IN ORDER TO SLOW THE CAR DOWN AS SHE WAS APPROACHING THE CURB AT THE FRONT END OF THE PARKING SPACE. WITH HER FOOT ON THE BRAKE PEDAL, THE CAR SUDDENLY LUNGED FORWARD AND WENT OVER THE CURB AND INTO A METAL AND WOODEN FENCE. THE CAR PROBABLY WOULD HAVE LANDED ON THE TRAIN TRACKS; BUT, FORTUNATELY, IT WENT INTO THE FENCE WHICH IS USED TO SUPPORT A SHELTER THAT SHIELDS COMMUTERS FROM INCLEMENT WEATHER. THE DAMAGED FENCE IS OWNED BY THE UNION PACIFIC RAILROAD. THE DRIVER SUFFERED A BACK INJURY AND REQUIRED MEDICAL ATTENTION, MEDICATION, AND PHYSICAL THERAPY. THE INCIDENT WAS REPORTED TO LEXUS IN TORRANCE, CA. LEXUS HAS A CONTRACTUAL ARRANGEMENT WITH A VENDOR TO INSPECT THE EVENT DATA RECORDER (EDR) INSTALLED IN THE CAR. AFTER THE EDR WAS INSPECTED, THE DRIVER WAS INFORMED THAT THE EDR IN THE 2004 LEXUS ES 330 IS VERY BASIC AND NOT AT ALL SOPHISTICATED ENOUGH TO DETECT WHAT ACTUALLY OCCURRED IMMEDIATELY BEFORE AND AFTER THE ACCIDENT. LEXUS SAID THE EDR IN THE NEWER ES AUTOMOBILES WOULD HAVE BEEN ABLE TO PROVIDE INFORMATION AS TO EXACTLY WHAT OCCURRED BEFORE, DURING, AND AFTER THE ACCIDENT. THE DRIVER WAS INFORMED THAT THE EDR INSPECTION REPORT FOR THIS INCIDENT ESSENTIALLY ADDRESSED WHAT HAPPENED WITH THE AIR BAGS, NONE OF WHICH HAD DEPLOYED DURING THE ACCIDENT. LEXUS INFORMED THE DRIVER THAT THEY COULD NOT PROVIDE ANY FURTHER ASSISTANCE OR GUIDANCE TO DETERMINE THE EXTENT OF ANY PARTS OR DESIGN DEFECTS.