Class Action Suit Filed Against Ford For Unintended Acceleration

20 owners of Ford, Lincoln, and Mercury vehicles from 14 different states have filed a class action lawsuit in a West Virginia federal court against the Ford Motor Company, alleging that the company has been selling vehicles vulnerable to unintended acceleration for nearly a decade. According to the lawsuit, more than 30 models built and sold by Ford and its subsidiaries equipped with electronic throttle control systems lack reliable safety systems, like brake override systems, which can help drivers slow their vehicles that have started to accelerate without provocation.

"They're trying to be compensated for their economic losses by having overpaid for cars that contained defects," says Adam Levitt, partner and head of the Grant & Eisenhofer law firm's consumer practice group in a phone interview. "Had they and the other class members been aware of these defects, they either wouldn't have bought the cars or would have paid a lot less for them." The vehicles in question are the 2004 to 2010 Ford F-Series pickup truck, 2005 to 2009 Lincoln Town Car, and the 2002 to 2005 Mercury Cougar.

Issues of unintended acceleration have been making headlines for the last few years, as Toyota was forced to recall more than 10 million vehicles from 2009 to 2011 over issues with sticking accelerator pedals that could cause vehicles to speed forward uncontrollably, sometimes even leading to dangerous accidents. Late last year, the massive Japanese automaker agreed to pay out $1.1 billion to settle a class action suit filed by owners who claimed to have lost value to their vehicles as a result of unintended acceleration, though cases of personal injury and wrongful death are still being dealt with on an individual scale in which Toyota is more than willing to defend itself and its technologies.

Toyota's defense, as echoed now by Ford, is that driver error is often to blame, not any on board electrical system defects. "The NHTSA's work is far more scientific and trustworthy than work done by personal injury lawyers and their paid experts," Ford said in a statement in response to the lawsuit. "In rare situations, vehicle factors, such as floor mats or broken mechanical components, can interfere with proper throttle operation, and manufacturers have addressed these rare events in field service actions." Ford began installing brake override systems on various models in 2010, and stands firm that their systems are not a danger in and of themselves.

There is no word on the amount sought in the suit; Levitt said that his firm was still in the process of calculating potential monetary damages. With the stain of Toyota's legal battle still clearly visible, Ford is likely eager to avoid any widespread perceptions that their vehicles could suddenly accelerate and cause accidents. Last year, Ford struggled through a number of issues that led to recalls, including a fire risk that prompted the Detroit automaker to ask owners of the 2013 Escape SUV to stop driving their vehicles immediately. Avoiding similar safety concerns would certainly be in Ford's best interests, and, armed with data from the NTHSA and their own internal testing, they are confident that the integrity of their technology will be upheld.

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