It’s highly unlikely there is anything criminal that happened, to be perfectly honest.
Something to keep in mind is there have been tens of thousands of cases of sudden, uncontrollable acceleration. Ford actually leads the United States auto market in number of claims made by drivers to the NHTSA.
Audi had its U.S. sales destroyed in the late 1980s because of widespread news reports that its cars accelerated uncontrollably. After more than two decades no on has ever really linked those cases to anything concrete, and many experts think that a huge majority of those cases were simple driver error that became a runaway panic because of news coverage.
The more level headed people right now are probably aware that of the 2500+ reports of sudden acceleration probably the lion’s share are a result of driver error. The terrifying cases in which cars reach over 100 miles per hour and the driver can’t do anything at all to stop it are probably less than 1% of the total for cases of sudden acceleration.
Sudden acceleration is a known problem, engineers at automakers have been investigating claims of it since at least the 1980s; and they’ve done so on a regular basis. Unfortunately since the vast majority of driver’s claims can never be reproduced in testing, it makes it virtually impossible to know what happened. Without knowing a definitive fix, companies like Toyota, Ford, General Motors and et cetera are supposed to do…what? Stop selling their product because a minuscule number of their customers are reporting a problem that by and large they can’t reproduce in testing?
I’m not saying Toyota doesn’t have a problem, I’m not saying there isn’t the potential for a serious software flaw in the electronic acceleration mechanism. I’m not defending Toyota’s response to this. I’m not defending Toyota’s handling of the information prior to this becoming a big public thing with a big public recall.
All I’m saying is, it’s a super-small percentage of Toyota’s cars.
From 2004-2009 the NHTSA received 2500 reports about unintended sudden acceleration in Toyota cars (and 2900 in Ford vehicles); look at how many millions of cars Toyota and Ford sold in the United States during those 5 years.
I think if Toyota knew there was a problem, knew its cause and how to fix it, then didn’t do it, there might be someone in the company who could theoretically face criminal liability.
However, even if that could be shown we’ll never see Akio Toyoda in a criminal court, nor should we. The number one biggest reason why is because the public wants and needs automobiles. Automobiles are large pieces of machinery that are incredibly dangerous, probably one of the more dangerous things people come into contact with on a regular basis. That being said, when you look at it on a macro level driving a car is still extremely safe. The overwhelming statistical odds are that you’ll never be killed or seriously injured driving a car during your lifetime. (And that is true even though car travel is more deadly per mile traveled than most other major forms of transportation of which I’m aware.) Since we, as a society have accepted that cars are dangerous and we still want them, it’s unreasonable to put someone on trial when it is shown that a car they sold has a very small percent chance of killing you. All cars have this small percent chance.