September 19, 2008 10:28 AM
Louann Van Der Wiele is Vice President and Associate General
Counsel, Chrysler LLC.

Few defect allegations against
automakers have been more exhaustively investigated or more
completely debunked than claims of sudden, unintended
acceleration.
Just this month (9/3/08), the
National Highway Traffic Safety Administration (NHTSA) denied yet
another petition to investigate reports of unintended acceleration,
this time related to 2006 and 2007
Toyota
Tacoma pickups. One quote from the ruling says it
all:
" ... we [NHTSA] have been
unable to determine a throttle control related or any underlying
cause that gave rise to the complaint....In our view, additional
investigation is unlikely to result in a finding that a defect
related to motor vehicle safety exists with regard to the
Tacoma’s throttle control system ... "
Toyota argued all along that the
rise in complaints against the Tacoma was inspired by media
publicity, not any real defect with the vehicle. NHTSA's
decision not to investigate backs up this view - as does the entire
history of unintended acceleration claims, which dates back to the
1980s.
Remember the Audi
5000? Reports that the vehicle would suddenly accelerate
without warning were eventually chocked up to driver error - but
not before Audi's U.S. sales were devastated by a sensationalized
"60 Minutes" story.
Like most automakers, Chrysler has
not been immune from these baseless charges. Back in 2002, NHTSA
declined to open an investigation into allegations of sudden,
unintended acceleration incidents with the Jeep Cherokee and Grand
Cherokee. "It appears," NHTSA stated, "that the predominant
cause of sudden acceleration incidents involving the subject
vehicles has been pedal misapplication." In other
words: driver error.
Repeated examinations by NHTSA and
auto engineers have never identified any specific
defect in any vehicle that would lead to sudden, unintended
acceleration. Neither have the trial lawyers and their hired
experts; the best they can come up with is the Gremlin Theory that
some unidentified or unidentifiable force residing deeply inside
these vehicles must somehow be causing these incidents.
NHTSA's report on the Jeep
Cherokee and Grand Cherokee, however, didn't stop the International
Carwash Association (ICA) from publishing false statements and
malicious accusations about the Jeep brand on its
website. Despite the fact that federal safety regulators
concluded there is zero evidence that Jeep vehicles experience
disproportionate incidents of sudden unintended acceleration claims
at car washes (or anywhere else), Chrysler had to file litigation
to compel the ICA to recant its false claims.
Although lengthy and expensive,
that litigation eventually forced the ICA to remove its baseless
allegations from its website and publish a
"restatement" to
set the record straight. The facts that the ICA acknowledged
include:
The ICA's statements concerning Jeep vehicles and "sudden
unintended acceleration" were not supported by any statistical
analysis;
The ICA's statements concerning Jeep vehicles and "sudden
unintended acceleration" were not supported by any scientific study
or research;
The ICA did not perform an investigation regarding SUA incidents
reported by its members.
The ICA's "restatement" also
reported what automakers and federal safety regulators have long
known - namely that sudden, unintended acceleration is caused by
driver error, not any defect with the Jeep Cherokee or Grand
Cherokee (or the Tacoma, or the Audi 5000, or any other vehicle
falsely maligned).
As
the ICA wrote:
Some scientific studies and
research have concluded that a cause of "sudden unintended
acceleration" incidents is pedal misapplication by the
operator. The International Carwash Association believes that
the "We Care" safety practices - including placing the vehicle in
park and fully depressing the brake pedal and visually verifying
correct foot placement - are a car wash operator's best defense
against SUA incidents and can improve safety in the handling of all
vehicles.
NHTSA's ruling probably won't end all the claims against the
Toyota Tacoma. Indeed, false accusations against the Jeep
Cherokee and Grand Cherokee haven't stopped despite the ICA's
admission that their statements concerning Jeep vehicles were
not supported by any statistical analyses, scientific studies or
research. But hopefully getting these facts out to the public
will reduce the sensationalized reporting over these claims and
encourage reporters to demand more than the Gremlin Theory when the
next Tacoma or other vehicle target inevitably rolls around.