Mussarat Chaudhary, a wife and mother of seven, died in the Sacramento River last month after she lost control of her 2009 Toyota Camry in West Sacramento.
The family’s lawyer, Chris Wood points out, she made a call to her daughter right before the call to 911.
“That’s a huge piece of evidence in this case is that she tells her daughter, ‘I cannot stop the vehicle. It will not stop. I can’t control it.’ And that’s when her daughter tells her call 911,” Wood told FOX40. “And she does, but it’s too late, she’s already in the river at that point.”
Wood is filing a lawsuit against Toyota and against Marshall Auto Sales in Sacramento, where Chaudhary bought her car in 2009.
The lawsuit questions how well Toyota fixed the sudden acceleration and braking problem – and claims a Marina del Ray dealer conducted improper recall repairs.
“We have some information, believe there’s a contribution by one of [the dealerships] and or both, which discovery will fetter out,” Wood said.
Toyota’s Brian Lyons told FOX40 the lawyer has not provided the vehicle identification number to them. With that information, Toyota could verify for us whether a dealer performed any necessary recall repairs.
“Toyota sympathizes with anyone involved in an accident in one of our vehicles. However, we are not able to comment on this pending litigation,” Toyota said, in a written statement.
Wood says the Chaudhary family is holding up as well as they can after what they’ve gone through, but it’s still a difficult time and they’re not ready to talk publicly about it.
If you find yourself in a situation where your gas pedal is stuck, you should immediately shift into neutral, and you can instantly avoid any acceleration.