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Family Questions Whether Recall Went Far Enough

Apr 2, 2008 | Robert Arnold | Houston News

Local 2 investigates the death of a Fort Bend County teenager. Charles Tovar, 19, was killed during a crash in December, but his family claims he would still be alive if the protection they paid for had worked.

The benefits of side-impact air bags are clear. The devices protect a person's head during a crash. This is exactly why the Tovar's parents paid extra money to have side-impact air bags on their son's Toyota Prius.

Last December, Tovar was hit and killed on a quiet stretch of road in Fort Bend County. Delicate lilies and a white cross mark the spot of the accident. A sheriff's department report shows the driver of the other car, Daniel Woodard, had a blood-alcohol level nearly twice the legally limit.

Despite the devastating crash, Tovar's family believes he still should have survived.

Pictures of the accident show Tovar was hit on the driver's side, an impact that should have triggered his side air bag. The pictures also show the driver's side-impact air bags still packed tightly inside the frame.

"Yes, he would have been alive today had the air bag deployed," said Houston attorney Richard Mithoff.

Mithoff represents Tovar's parents who are suing Toyota.

"We want to find out why. We want to find out what failed," said Mithoff.

Local 2 Investigates learned that in 2006, Toyota issued a recall of several model cars, including the Prius, because the side-impact air bags were not deploying during crashes.

The part of the recall covering the Prius involved model years 2004 through 2006.

Tovar's Prius was a 2005, except his car was not included in the recall. Officials with Toyota said only a select number of Priuses were recalled and that list was generated based on information given to the automaker by the air bag manufacturer.

"Is this problem more widespread than Toyota would have us believe at this point?" asked Mithoff.

Despite the previous recall, Local 2 Investigates has learned the federal government is not investigating Tovar's crash.

The National Highway Traffic Safety Administration told us since there are no federal requirements for cars to have side-impact air bags, each situation is taken on a case-by-case basis.

While sheriff's deputies say a drunken driver caused the accident, Tovar's parents believe their son would still be alive had the protection they paid for worked.

Officials with Toyota would not discuss Tovar's case specifically because of the pending lawsuit.

Daniel Woodard is awaiting trial on charges of intoxication manslaughter and assault.