SUV Rollover Wrongful Death Lawsuit Filed Against Toyota

The husband and child of a woman who was killed when her Toyota 4Runner rolled over has filed a wrongful death lawsuit against Toyota, alleging the design of the vehicle was what ultimately caused the accident.

Elisa Obediente died in May 2009 when her SUV rolled over after she swerved to avoid another vehicle during a lane change.  When the SUV rolled over, the roof collapsed inward, causing Obediente to be partially ejected from the vehicle.

According the lawsuit filed by Obediente's husband and daughter, the 1998 Toyota 4Runner Obediente was driving was inherently unstable, and lacked certain technologies that could have helped to prevent a rollover.  The lawsuit suggests that Toyota should have used Electronic Stability Control (ESC) technology, which existed at the time the vehicle was developed.  ESC technology helps prevent "over steers" and rollovers.

The Obediente's also claim that the 4Runner has one of the highest propensities to roll over in its vehicle class, and that Toyota's in-house testing even revealed that the vehicle could roll over at speeds as low as 32 mph.

The lawsuit also claims that:

• Toyota did not have alternative designs that could have prevented the roof collapse
• Toyota was aware of both the danger of a roof collapse and the availability of ESC technology before the vehicle was developed
• That the use of stronger materials could have helped to prevent catastrophic injuries at little extra cost to the company
• Toyota intentionally mislead the public, falsified test results, suppressed and ignored data, and urged consumers to have alterations done to the vehicle that make the vehicle even more instable

The Obediente family is seeking an unspecified amount in damages for wrongful death and loss of financial support, companionship, love, care, comfort, and moral support.

For more information about rollover accidents, please click here to find a personal injury attorney near you .