Orange County District Attorney Tony Rackauckas has announced his office will partner with a local private law firm to sue Toyota USA for selling defective vehicles and deceptive business practices. Here’s what Rackauckas is arguing:

1. Toyota knew about floor mat entrapment, over-sized accelerator pedals, and sticking pedals as far back as 2007 (and some data shows 2005). While Rackaukas will have to prove that Toyota hid this information from consumers intentionally, documents uncovered by congressional testimony seem to prove Toyota had known about some of these problems for at least the last 3 years.

2. It seems likely Toyota tried to hide these problems. It seems that Toyota’s culture of secrecy led managers and engineers to hide many of these problems, but Rackaukas will have to prove it in court. This is the rub – did Toyota hide evidence, or did their huge bureaucracy simply swallow the information on accident?

3. Orange County’s D.A. could be joined by other D.A.’s and State Attorney Generals across the country. This could be the opening of a flood gate of piggyback lawsuits, similar to the lawsuits against big tobacco a few years ago that alleged cigarette companies hid the dangers of smoking from their customers.

Toyota’s Next Moves

First, Toyota must argue that the Orange County D.A. has no legal right to sue. NHTSA has the responsibility of protecting consumers from automakers, and it seems that Rackaukas might be overstepping his bounds.

After all, it sets a bad precedent if any county D.A. can sue a major automaker for any reason he or she sees fit. NHTSA’s role is to protect the public – it would seem that their regulatory authority would superced the Orange County D.A. … but who knows.

Second, Toyota has to figure out how to keep this from spreading. Any Attorney General or D.A. is going to want to put his or her name in the ring simply because of the political benefits. Toyota will likely try to “drown” Rackaukas and his office in paperwork, which will help to dissuade other offices from joining in.

Third, Toyota has got to have a “come to Jesus” meeting in Toyota City and decide if it’s time to tell the truth. If Toyota really did hide evidence intentionally (the key is that it was intentional), then the smart move is to come clean and settle. Considering some of the comments that Akio Toyoda has made to congress, it seems Toyota will argue they weren’t trying to hide the problem…but who knows what evidence Rackaukas may have.

The irony here is that, in order for Toyota to prove they were following the rules and not trying to hide evidence of safety problems, Toyota must prove that NHTSA has been “in the loop” since problems started cropping up a few years ago. As part of that process, Ray LaHood (the head of the D.O.T., which manages NHTSA) is going to have to work closely with Toyota to prove his own agency is competent…which seems unlikely at best.

At the end of this whole thing, both NHTSA and Toyota could look pretty bad if it comes to light that they worked together to hide this problem.

The Silver Lining for Toyota

Toyota sales in March are very strong, with no sign that they’re letting up. The fact is, consumers are quick to forget and it seems like the news cycle on this whole issue is just about over. Unless the media gets really excited about following a lawsuit that will take 2-10 years to process, today’s announcement is probably the worst of it (in terms of P.R.).

The Land Air Sea GPS Tracking Key is a popular GPS tracking device.

Earlier this week, Toyota announced a special service campaign for all 2000-2003 Tundras to replace or repair certain frame components that suffer from rust. Specifically, the campaign covers the rear cross member, the brake line attachment points, and the fuel tank straps, and it supposed to be a national expansion of the existing regional Tundra frame rust recall for the U.S. North East.

However, according to comments from numerous 2000-2003 Tundra owners, Toyota’s existing recall is lacking in transparency and consistency.

1. Toyota has made some 00-01′ Tundra owners a buy-back offer, while others are only being offered repairs. The buy-back offers – based on reports from owners and conversations with dealers – seem to hover right around KBB’s Private Party Value for a vehicle in ‘fair’ condition and/or the average between NADA retail and wholesale.

Vehicle buy-backs are problematic when it comes to customer satisfaction. Some owners would rather have their vehicle fixed, while others expect more than Toyota is willing to offer. Toyota previously offered many 1994-2000 Toyota Tacoma owners 150% of retail to buy-back their rusting trucks, but they seem unwilling to make that same generous offer to Tundra owners…begging the question, Why Not?

It’s also difficult to understand why some owners are made a buy-back offer and some are not. While it’s clearly cheaper for Toyota to buy-back these old trucks than it is to pay for a full frame replacement, the lack of transparency is frustrating for both dealers and owners. Toyota’s latest announcement likely means that buy-backs are no longer available, but we really can’t be sure.

2. Toyota dealers are offering different degrees of assistance. Some Toyota dealers in Maine and Massachusetts have repaired dozens of trucks, while others claim to have “never heard” of this recall. Here’s why the dealers are so inconsistent:

Most auto manufactures have a somewhat convoluted customer service process (including Toyota). Basically, 90% of customer service decisions are made at your local dealership. The national customer service hotline is nothing more than an answering service and tracking system that measures the performance of dealers. The graph below shows the basic customer service process that Toyota and most large auto manufacturers follow.

It’s a little bit of an oversimplification…but not much. The process really is circular. It might seem stupid, but this is by design. Some phone jockey can’t possibly figure out how to solve your problem – only your local dealer can. SO, if you want results, your local dealer better know how to work the system.

This, unfortunately, is the problem. While most dealership service managers are hard-working and knowledgeable, some are lazy and/or don’t understand how the system works. Dealerships can’t approve major customer service actions (like a frame replacement), but they DO have the cell phone numbers of the people that can make that decision. If your local dealership service manager is motivated, he or she can often get your problem resolved in a few days with nothing more than some phone calls.

The trouble is, some dealership service managers don’t have the ambition to solve your problem. Maybe they’re busy, maybe they’re lazy, or maybe you’ve done something to irritate them or their staff. Whatever the case, you would be wise to follow our recommended tips for getting your problem solved. If you’re persistent and pleasant, you’ll often get the best possible customer service.

Of course, it also helps to work with a good service manager. If the dealership you’re talking to has done a few frame repairs and/or replacements, odds are good they’ve got a good service manager. If they say they’ve “never heard of it,” drive to a different dealer.

In any case, we’re pleased to see Toyota expand this recall. Good luck to any first-gen Tundra owners that are working thru this issue.

The Land Air Sea GPS Tracking Key is a popular GPS tracking device.

The Houston Chronicle is reporting that a ring of catalytic converter thieves who targeted new Toyota Tundras has been broken up. While this is good news for a number of Toyota dealerships in the Houston area, it underscores the seriousness of catalytic converter thefts. To many thieves, stealing a catalytic converter is “easy money,” yet for vehicle owners (and their insurance companies) it’s an incredibly expensive problem.

Why Catalytic Converters Are Stolen

Catalytic converters have value to thieves because they contain a variety of precious medals, all of which can be sold for scrap. Depending on the particular vehicle the catalytic converter comes from, the scrap value can range from $75 to $250 per converter. Unscrupulous scrap yards often don’t require proof that a converter came off of a wrecked or salvaged vehicle, making it far too easy for thieves to turn a quick profit.

Catalytic converters are also targeted because stealing them isn’t terribly complicated. All it takes is a portable saw and a dark place to work. SUVs and trucks are usually targeted because of their high ground clearance, which makes them easier to crawl underneath than passenger cars.

Tundra owners must be careful because newer models have four separate catalytic converters, each of which has a significant value. According to the Houston Chronicle, the recently broken-up theft ring was able to earn $80 per catalytic (or $320 per Tundra). This is a small percentage of the replacement cost, which is over $3500.

Catalytic Converter Theft Prevention Tips

Like most things in life, a little bit of planning goes a long way. Here are some simple tips for keeping potential thieves away from your truck’s catalytic converters.

1. Park inside your garage. It’s obvious to be sure, but it works very well. Not only is your truck out of sight (and out of mind), but there’s a lot more risk involved in breaking into someone’s garage than there is crawling under a vehicle in the driveway or parked on the street.

2. Park in a well-lit area. Again, it’s obvious, but if you have to park outside at night, do so in a well-lit area. Lighting discourages thieves.

3. Install an alarm system. Just about every vehicle alarm system includes a shock sensor, which can detect the vibrations of someone’s portable saw if it’s setup properly. Upgrades like a proximity sensor are nice as well, but it’s sometimes difficult to get the settings just right, so you’ll want to spend some time calibrating everything if you decide to go this route.

4. Install a special catalytic converter theft deterrent. Full disclosure – no anti-theft system can stop a thief. However, both the CatClamp and the CatLock are interesting systems that will deter theft simply because they appear impenetrable (even though they’re fairly simple to defeat). They’re also sort of expensive – $100-$300 per device, which means it would cost $400-$1200 to protect all of the catalytics on a Tundra. Still, if your neighborhood is constantly the target of these thieves, they’re an option worth considering.

5. Get a dog. They’re easily the most expensive anti-theft device on this list, and they’re never guaranteed to work, but it’s a good bet your dog will make some noise if someone is crawling around on your driveway in the middle of the night.

The Land Air Sea GPS Tracking Key is a popular GPS tracking device.

Kansas gets a bad rap. People joke about the flat land, wheat fields, and the Kansas City Royals, but we’re guessing these people don’t know about the world-class bird hunting in Kansas, not to mention Kansas City Barbecue. If you live in Kansas and you enjoy bird-hunting, you need five things:

1. A shotgun
2. Non-toxic ammo
3. A license for the birds you’re looking for
4. A dog that knows how to find birds (more than one is even better)
5. A truck

Of course, you can still hunt if you know someone who has #4 and #5. If you don’t have a truck or a good dog (or three), think about getting to know OnPointTundra – he’s got it covered.

OnPointTundra (also known as Josh) has decked out his 08′ CrewMax to be a bird hunting machine. First, you’ve got to be able to drive around in the fields without getting stuck. That means a good set of tires…and a nice set of wheels is an added bonus. This truck has a set of 18×9 XD Monster wheels with 325/60 R18 Mickey Thompson Baja ATZ’s, which are a little more than 33″ around. Bigger tires on a slightly wider wheel mean that a set of Bushwacker Fender Flares help protect the truck from whatever the bitter tires kick up.

The stock Toyota Tundra has tires with an overall diameter of about 32″, so adding an inch in tire diameter requires a leveling kit. This truck has a Truxxx 3″ lift kit. Heavy-duty bumpers are also a nice add-on when you’re banging around in the fields, and they’re not bad when you’re parking in the middle of downtown K.C. either.

This Tundra has a nice set of solid steel Expedition One winch bumpers front and rear, which include mounting points for this truck’s PIAA 510 ion  fog lights. Expedition One’s bumpers are very similar to ARB’s Sahara front bumpers, and both are a great add-on for work duties. They also look pretty great next to the blacked-out rims, aftermarket tint job, and black N-fab step bars.

Inside the truck, there’s a back-up camera, homelink, and heavy-duty floor mats to keep everything clean.

We’ve talked about trucks and dog safety before, and we have to commend Josh for investing in a dog box. It’s one of the safest ways to transport his dog, and it looks great too. There are three doors, one for each of the dogs: Rocky the Boxer, Florida, and Missy (both Florida and Missy are English Pointers). Here’s a pic of Missy doing what she loves:

Missy the English Pointer

OnPointTundra – nicely done. Your truck is a great example of how to build a bird-hunting machine, not to mention a great field truck.

Would you like to see your truck featured on TundraHeadquarters? Contact us!

The Land Air Sea GPS Tracking Key is a popular GPS tracking device.

We’ve been following the closure of NUMMI for a few months now, and it seems that the story is just about done. Earlier today, Toyota announced that they are giving NUMMI workers a $250 million dollar “transition” fund that could be used to pay out bonuses to NUMMI employees, as well as offer career counseling and training.

While it’s obviously not this simple, $250 million divided up amongst 4,500 workers (plus or minus) is about $55k per person. While this severance isn’t tremendous, it’s certainly nothing to sniff at…especially considering Toyota was forced to close NUMMI when GM filed bankruptcy.

Here’s a history of our coverage of the closure of NUMMI:

• When we first heard the rumor, we didn’t think Toyota would close NUMMI
• We were wrong – Toyota closes NUMMI, get ready for a backlash
• Toyota moves production of the Tacoma from NUMMI to San Antonio, alongside the Tundra
• We wondered if California’s anti-business laws and regulations killed NUMMI
• We ridiculed the UAW for picketing Toyota at the San Jose auto show
• We found out 80% of NUMMI workers were angry with the UAW
• We saw a video of UAW local leadership cursing and NUMMI workers
• Despite the well-documented chain of events, we questioned why the UAW doesn’t blame GM for this situation

Finally, we’re left with just one question: will the UAW take a percentage of this final severance package for “representation fees?”

What do you think – did Toyota do right by NUMMI’s workers?

The Land Air Sea GPS Tracking Key is a popular GPS tracking device.

Owning a truck means a lot of different things to people, but it sure seems like truck owners are more helpful than regular old car owners…think about it:

• When someone needs a tow, who do they call?
• When it’s time to move?
• When someone needs a jump or mechanical help?

It turns out that truck owners help fight crime too – here’s a story about a 2000 Tundra owner that helped catch a murderer.

It started at a McDonalds

Lawton Walker was sitting in his Tundra in the McDonalds parking lot when a robber confronted two McDonald’s employees in the car next to Walker. Incredibly, the robber pulled a gun, stole the deposit, and then for no apparent reason shot and killed one of the employees as they sat defenseless in their vehicle.

Walker, stunned by what had just occurred, took action. He started his Tundra up, and when the murderer jumped in his car, Walker rammed his truck into it. While the damage didn’t stop the murderer in his tracks, it definitely slowed him down. Walker then chased the murderer in his vehicle until he was pulled over by police. Due in part to Walker’s actions, the police were able to apprehend the murderer.

No Good Deed Goes Unpunished

No one would have faulted Walker for staying out of danger and simply calling 9-1-1. Frankly, Walker is very lucky to live in a place where local law enforcement supported his actions. Depending on your perspective, Walker’s actions could be considered reckless…but that’s the crux of it, isn’t it? Every time we pull over to help a stuck motorist, or jump out of our trucks to push a car in the snow, we compromise our safety. Being helpful isn’t always the safest course of action, and it goes without saying that Walker took a great risk.

Walker and the damage to his 2000 Tundra. Image ©Jacksonville.com

In Walker’s case, things seem to have worked out OK. While there is damage to his Tundra, the local AutoCrafters collision center and Keith Pierson Toyota have offered to fix his truck free of charge, as did the local Fraternal Order of Police. Walker is quoted as saying that “he’s no hero,” and that he’s grateful to have his family. Walker’s sentiments go out to the victim of this crime, Raynold Orelus.

Orelus was a Haitian immigrant and father of five, four of whom live in Haiti. Orelus’s family wouldn’t have been able to afford the trip to attend his funeral had it not been for some financial assistance from local business and others. If you’d like to help out the family:

An account has been established at VyStar Credit Union for donations to the family of slain Haitian immigrant Raynold Orelus. Donations can be made at any branch in the name of Orelus’ wife, Miraclide Orelus, to account number 702809176.

Read the full story on Jacksonville.com. Our best to the Orelus family.

The Land Air Sea GPS Tracking Key is a popular GPS tracking device.

Perhaps lost in all the recall news, we’d like to touch base on the pending closure of New United Motor Manufacturing, Inc., an auto plant that was a joint venture between GM and Toyota. Started in 1984, NUMMI is the very last major auto manufacturing plant in California. While California’s anti-business regulations contributed to NUMMI’s closure, there’s no denying that General Motor’s bankruptcy was the event that started it all.

When General Motors backed out of NUMMI, Toyota followed suit. Why isn't GM getting any of the blame from the UAW?

When GM abandoned NUMMI, Toyota followed suit…as is the fashion when one business partner abandons the other. However, rather than blaming GM for decades of mis-management (or perhaps looking in the mirror at decades of outrageous labor policies), the UAW is protesting against Toyota.

These UAW orchestrated anti-Toyota protests (which some say are pure unadulterated nationalism) are interesting because 80% of NUMMI’s workers feel that protesting against Toyota is the wrong move. Rather than attacking Toyota with protests, workers feel that the UAW should be negotiating a severance package with Toyota…and going after GM for money too. However, the UAW feels that going after GM for their role in NUMMI’s closure is “pointless.”

NUMMI workers find this explanation infuriating, and for good reason: the UAW is a shareholder in the “new” GM. Attacking GM doesn’t make a lot of business sense for the union. Instead, the UAW is attacking GM’s competitor Toyota, hoping that some nationalist fervor can boost GM’s stock price and help the UAW’s bottom line.

Worker anger and UAW ineptitude were on full display at a UAW meeting for NUMMI workers last month. Not only did the UAW’s chief negotiator with Toyota yell “shut up you mother****ers” at a room full of workers, but he later accused the Toyota of somehow “planting” people in the crowd in order to undermine the union. All the while, negotiations for a severance package dragged on.

One worker’s wife commented:

The UAW has put my family and many others in a tight spot, if there is not retention package we can lose everything…We are not one of these people who are demanding thousands and thousands of dollars in severance, we just want the union to get off their asses and provide the employees something to sign so we know how to prepare for the next few months

We’re still not certain if NUMMI’s workers have a severance package, but whatever that final severance is, the UAW is likely to take a percentage as part of their contract to represent NUMMI. Imagine being laid off, yet having to pay the UAW membership dues from your very last paycheck.

As workers prepare for unemployment and demand details of a severance package, UAW leaders rail at Toyota. Bob King, who is soon to be the head of the UAW, says “[Toyota has made] a number of bad decisions, and we’re saying that the worst one is to close [NUMMI].” (link)

Obviously, Bob doesn’t get it. GM completely abandoned NUMMI, while Toyota stuck around, gave workers months of notice, and has offered to pay workers a severance. Toyota isn’t perfect of course, and no one wants to see a plant closed, but where does King get off blaming this whole thing on Toyota?

The Land Air Sea GPS Tracking Key is a popular GPS tracking device.

BusinessWeek contributor Ed Wallace wrote an article titled “The Toyota Witch Hunt” that is a must-read for anyone following Toyota’s unintended acceleration debacle. Here are some of the highlights:

Wallace has uncovered information that contradicts the testimony of Rhonda Smith (below) who claimed her 07′ Lexus ES350 accelerated out of control despite her every effort to stop the vehicle. Smith claims that the vehicle would not stop no matter how hard she hit the brakes, and that shifting into any other gear – even reverse – would not stop the car. For many, Smith’s testimony was heart-felt and compelling. However, both the facts of the investigation and statements that Smith has given in the past disagree with her testimony.

Rhonda Smith's testimony about her 2007 Lexus ES250 and unintended acceleration left out the fact she had two floor mats in her car - one on top of the other.

When Smith’s accident occurred, NHTSA sent an investigator to her home to try and determine the cause of her problem. By Smith’s own admission, her Lexus had two floor mats installed – one on top of the other – and NHTSA determined this was likely the cause of her problems. In 2007, Smith commented negatively about the way her floor mats were installed, which would see to indicate she believed the mats contributed to her experience.

Smith’s other claims – that she tried applying the emergency brake and putting the car in reverse – did not match the facts. Applying the emergency brakes would have locked up the rear wheels (the ES350 is FWD), leaving tell-tale marks on the tires. However, no tire damage was found. Smith’s claim that she tried reverse is laughable – if she really believes that happened, she was clearly flustered. Shifting into reverse and highway speed would have destroyed or severely damaged the engine and/or transmission. While Smith was undoubtedly scared, her testimony last week shouldn’t be given a great deal of weight.

Wallace also comments about David Gilbert, the associate professor of automotive technology at Southern Illinois University. Gilbert’s testimony was sponsored by Sean Kane, the “safety expert” who reluctantly admitted to being paid by attorneys bent on suing Toyota. More importantly, Gilbert claims to have found a problem with Toyota’s system in less than 4 hours, yet he hasn’t shared his findings with Toyota, nor has he agreed to demonstrate the problem he’s found in front of Toyota engineers.

Sidebar – Wallace doesn’t mention this in his article, but we’ve learned that David Gilbert isn’t in fact an engineer. His Bachelors and Masters are in “Industrial Arts Education,” and his PhD is in “Workforce Education and Development.” They’re worthwhile disciplines for sure, but it seems that electrical engineering would be more pertinent to the issue at hand. What’s more, the Automotive Technology program at Southern Illinois University is frighteningly lacking in engineering classes. This isn’t to say that the program isn’t valuable, but it’s hard to believe that Gilbert is more qualified to test vehicles than NHTSA, Toyota, or Exponent.

Wallace closes his article by saying:

…let the mechanics and engineers do their jobs and either find the fault or give everyone a reasonable explanation for what happened. The only problem with that suggestion is it’s already been done. And no one wants to accept the conclusions

Wallace is yet another independent voice that believes “Recallmagedeon” is a farce. Toyota has problems, but electronic throttle controls that suddenly accelerate out of control aren’t one of them.

Read Ed Wallace’s bio.

The Land Air Sea GPS Tracking Key is a popular GPS tracking device.

For all of our boasting here at TundraHeadquarters about the fact that the Tundra is more ‘American’ than the Dodge Ram or the GM pickups, and that Toyota’s profits on the Tundra don’t really go overseas, the recent recall fiascos (officially known as “Recall-mageddon” – shout out to J.D.) illustrate that Toyota’s leadership is frighteningly lacking.

The similarities between Toyota leadership and Soviet Russia - just for fun.

Here are some facts and figures about Toyota’s senior executives and management chain-of-command…and how eerily similar it is to old-time Soviet Russia:

1. Neither Toyota or the USSR had many “foreigners” on the “board of directors” or Politburo. Despite the fact that North America is Toyota’s largest market, there is not one North American currently on Toyota’s board of directors. In fact, in the entire history of the company, only one American has sat on Toyota’s board (Jim Press)…and he defected to Chrysler in 2007.

In the USSR, there were foreign born members of the Politburo, but they were all Soviets first. Their individual nationalities were a distant second to party loyalty.

2. Toyota’s regional divisions don’t have much authority, and neither did the USSR’s “member nations.” When I first heard that Toyota USA didn’t have the authority to announce a recall, my response was “Are you $#%@ kidding me?!” Evidently this has been fixed lately, but talk about a dumb way to run things…kind of like Soviet Russia.

Yakov's jokes could apply to Toyota's culture of secrecy and loyalty to the Toyoda family.

3. Toyota’s PR team and the Communist Party: Always protect the leader. Automotive News Asia editor James Treece, who has lived and worked in Japan for 22 years, believes that Toyota’s PR team was trying to protect Akio’s reputation ahead of the company’s reputation:

my suspicion during this crisis has been that the PR folks thought their job was to protect President Akio Toyoda’s reputation. If mud were to fly, don’t let any land on the bearer of the founder’s name

Sounds sort of like…communist Russia. Better to let the whole thing burn down than harm the reputation of our fearless leader.

4. Both have a well-documented culture of secrecy. Arguably, Toyota’s biggest problem with the whole unintended acceleration issue is that they seem to have kept it a secret for a long time. Toyota is big on keeping secrets (all of corporate Japan, in fact), but secrets don’t make friends…which is why no one was friends with the People’s Commisariate for Internal Affairs (NKVD), the USSR’s secret police force.

5. Toyota and the USSR almost took over the world. In the year 2000, Toyota sold about 1.6 million vehicles, giving them about 11.5% of the U.S. market. By May 2008, Toyota was sitting on 18.4% of the U.S. market. That’s an increase of about 60% in less than 9 years. However, by late 2009 Toyota’s market share started to crumble like the Berlin wall. Today, it’s estimated that Toyota will close out 2010 with less market share than Ford, not to mention GM.

Toyota's market share is crumbling like the USSR's Berlin wall.

OK – Truth Time

This post is meant to be a bit of a joke. While Toyota’s corporate culture definitely needs an overall, no one should see Toyota’s recent struggles as evidence of their inevitable collapse. Once this news if off the front page, Toyota will lick their wounds, learn from their mistakes, and focus even more on building great products.

Hopefully, during that process, they’ll give Toyota USA more autonomy, recognize that secrecy isn’t a core business value, and start putting some freaking North Americans in charge at Toyota headquarters in Japan.

In the meantime, we’ll try and laugh about the screwed up management at Toyota. Happy Friday.

The Land Air Sea GPS Tracking Key is a popular GPS tracking device.

This week a congressional committee interviewed a handful of people claiming to be unintended acceleration victims, safety experts, and Toyota execs. While Toyota has focused this week on enhanced recall measures and a re-commitment to quality, the media has focused on rampant speculation.

Here’s a breakdown of all the major developments from the hearings:

1.Toyota execs actually apologized. Both Toyota CEO Akio Toyoda and Toyota USA President James Lentz offered apologies.  This may be symbolic to some, but it represents a shift in thinking at Toyota in Japan.

2. Exponent has an unlimited budget. Jim Lentz testified that:

“in December we asked Exponent, a world-class engineering and scientific consulting firm, to conduct a comprehensive, independent analysis of our electronic throttle control system with an unlimited budget”

That’s right – an unlimited budget to find the problem. Exponent is world-renowned for their skills in technical investigations and engineering. They’ve been hired by GM, Ford, the Department of Defense, FEMA, and countless other large companies and governments. Exponent was hired to investigate both the Oklahoma City bombing and the September 11th attacks. Giving Exponent a blank check should be universally viewed as a major commitment to finding any potential problems. [Read this PDF to learn more about Exponent]

3. Sean Kane works for trial lawyers.  Kane, who has been cited as a “safety expert” by the L.A Times and other news sources, reluctantly disclosed that his company’s principal source of revenue is working with trial attorneys in product liability studies. One automotive executive said that Kane is one of many “supposed safety advocates who are actually just shills for trial attorneys,” – and that auto exec works for Ford! Consider Kane’s testimony to be less than independent.

4. NHTSA is a clearing house for stupid consumer complaints. When many “experts” discuss the Toyota’s unintended acceleration issue, they often cite the number of complaints NHTSA has received as evidence or proof of a problem. However, NHTSA receives thousands of ridiculous and absurd complaints every year. Here’s just one example:

The wife of the driver in a $40,000 Mercedes SUV in West Bloomfield, Minn., complained that her husband was commuting at 20 mph on a road with one-inch of snow and turned his steering wheel but — despite new tires — the three-ton SUV slid straight ahead. “He ended up smashing the front end on a huge stone and ricocheting to a fire hydrant,” she said.

Could this account be evidence of a safety problem? Possibly. More likely, it’s just simple physics. While this isn’t meant to dismiss all of the NHTSA complaints against Toyota, it should serve as a warning that not all NHTSA complaints are equal. The volume of complaints doesn’t necessarily mean anything.

5. David Gilbert is a charlatan. Dave Gilbert, an assistant professor of automotive technology at Southern Illinois University, claims that Toyota’s electronic throttle controls are flawed because they do not “trap” an error that could cause unintended acceleration. Gilbert “proved” this by short-circuiting two throttle outputs that, according to Toyota, would be impossible to short-circuit accidentally. A noted auto journalist has referred to Gilbert’s claims and the ABC news report as potentially fraudulent, and at least highly suspicious.

What We Have Learned

No one has any proof that Toyota’s electronic throttle system is flawed, only accusations.

Toyota has demonstrated confidence in their electronic throttle control systems by giving a blank check to a world-renowned engineering analysis and testing firm.

Sean Kane and David Gilbert are experts with dubious qualifications.

Toyota execs “negotiated” their way out of a floor mat recall at some point in 2009, bragging that they saved $100 million in the process.

Congress is just as much about grandstanding as they are about finding the truth.

Comments – any major revelations we’ve missed?

The Land Air Sea GPS Tracking Key is a popular GPS tracking device.