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Legal approach in $1.2 billion Toyota settlement could impact handling of GM recall cases

In the past, if an automaker did something wrong, they were usually prosecuted by the US government through something called the TREAD Act. Short for Transportation Recall Enhancement, Accountability and Documentation Act, it basically requires automakers to report recalls in other countries, along with any and all serious injuries or deaths, to the National Highway Traffic Safety Administration.
Failing to report or attempting to conceal anything when there's been a death or serious injury constitutes a criminal liability. The idea is that this setup puts the onus on manufacturers to keep NHTSA apprised of safety related issues before they become a problem in the US, thereby allowing the regulator to better protect consumers.
In theory, it sounds like a relatively airtight set of rules for dealing with misbehaving automakers. That didn't stop the US Department of Justice from ignoring TREAD in its prosecution of Toyota's handling of the unintended acceleration recall, though. The result of this new approach, which charged Toyota with wire fraud, was a $1.2 billion settlement. Now, the wire-fraud approach could be used for the expected case between the US government and General Motors, based on the statements of Attorney General Eric Holder, who specifically mentioned "similarly situated companies" when discussing Toyota.

Toyota to buck engine downsizing trend, may go larger and turbo-free

Turbocharging isn't really Toyota's specialty, and the Japanese automaker isn't being shy about acknowledging it. Koei Saga, a senior managing officer in charge of drivetrain research and development, says that eschewing turbos and increasing displacement of engines using the Atkinson cycle can produce better power gains without sacrificing fuel economy, Automotive News reports.
Toyota is investing heavily in larger-displacement Atkinson-cycle engines in addition to turbocharged engines, but Saga doesn't think the automaker will use turbocharging across many product lines. He apparently remains unconvinced that the technology "makes the world better."
In Toyota's eyes then, Atkinson cycle engines do make the world better, and here's how. Their pistons complete four processes - intake, compression, power and exhaust - in one revolution of the crankshaft, and the power stroke is longer than the compression stroke. Traditional Otto cycle engines require two crankshaft revolutions to accomplish those same four operations and have equal-length compression and power strokes. Atkinson cycle engines are more efficient, but less power dense, though increasing displacement can offset that shortfall.

Toyota settles first wrongful death suit related to unintended acceleration

Toyota's sales seem to have rebounded from the unintended acceleration issues from 2009 and 2010, but the automaker is far from done dealing with this situation. Following a settlement worth up to $1.4 billion for economic loss to affected vehicle owners, Toyota has settled rather than going to trial in a wrongful death lawsuit stemming from an accident in Utah in 2010 that left two passengers dead. This isn't the first case in which Toyota has settled, but it was the first among a consolidated group of cases being held in Santa Ana, CA.
According to The Detroit News, this case was scheduled to take place next month, and it was for a November 2010 incident in which Paul Van Alfen and Charlene James Lloyd were killed in a Camry when, based on findings by the Utah Highway Patrol, the accelerator got stuck causing the car to speed out of control and hit a wall; the terms of the settlement were not announced.
The article says that while Toyota will settle on some cases, it doesn't plan on settling on all of them as it still wants to be able to "defend [its] product at trial." This will probably be the case in suits claiming that software for the drive-by-wire accelerator was the cause of an accident in a Toyota or Lexus vehicle. The question of whether or not the electronic accelerator played any role in this problem has been a hot-button topic since the beginning. Toyota has issued recalls in the past to attempt to prevent unintended acceleration caused by trapped floor mats and faulty accelerator pedals, but it also says driver error was to blame in some instances.