Not too many were willing to give Guadalupe Gomez the time of day when the 68-year-old insisted he tried in vain to control his car just before the accident that killed a San Jose, California man earlier this summer. As it turns out Gomez was telling the truth all along.  New investigations have pointed to a design defect in Gomez’s Toyota Camry that California Highway Patrol officials now say could have been the main factor in the crash.

On July 26, eyewitnesses reported seeing Gomez’s Camry speeding along on a crowded stretch of Interstate 280.  The car rear-ended another car before it smashed into a Honda Accord driven by 39-year-old Troy Edwin Johnson, a father of five. The Accord burst into flames, killing Johnson instantly.

In the days after the crash, Gomez insisted that he slammed on the brakes but the car wouldn’t slow down. The car was new, and it was his first experience with a push start ignition.

A new report by the California Highway Patrol confirms that Gomez was indeed right.  On investigation, they found that the Camry’s floor mat could possibly jam the gas pedal down, causing the car to speed forward. Investigators found evidence that Gomez had indeed tried to slow down the car, but had failed.  This defect in the Camry’s design was the one of the reasons cited by Toyota when they recalled 26,000 of these cars in September this year. 

This new twist in the tale has caused the California Highway Patrol to reconsider their earlier plan of recommending charging Gomez for vehicular manslaughter with gross negligence.  Instead a report has been submitted to the Santa Clara County District Attorney’s Office without a recommendation. 

The news must come as a relief to Gomez, who found no takers for his explanation soon after the fatal accident.  This accident also points to the tragic consequences when defective cars are let loose on the streets.

When an accident is caused by the defective design or manufacturing of a vehicle, the manufacturer can be held liable for damages to the injured party.  If you’ve been injured in an accident caused by a defective car, call the experienced California car accident lawyers at The Reeves Law Group for a free consultation.