2020 Toyota Avalon SERVICE BRAKES,FORWARD COLLISION AVOIDANCE

I represent the family of a fatally injured rollaway victim. It is on their behalf I am reporting the circumstances of this incident and to strongly urge that NHTSA update the rollaway requirements specified in Federal Motor Vehicle Safety Standard 114. On August 22, 2020, It is believed that while attempting to retrieve the key fob, the driver inadvertently bumped the gear selector forward into Neutral, releasing the torque to the wheels that had kept it stationary on their sloped driveway. (Unlike shifting out of the Park position, which requires application of the brake pedal and depressing the lock button on the shift selector, the shift selector can be moved from Drive forward into the Neutral position, without a secondary interlocking action.) The drivers wife, who was behind the vehicle. was pinned by the car and dragged under to her death. The position of the transmission gear selector was not documented by any witnesses or first responders when the vehicle eventually came to rest on the opposite side of the road, not is it documented in the extensive data stored within the vehicle. However, the data retrieved from the subject vehicle during a subsequent inspection revealed that the Vehicle Control History (VCH) included a field for “Driver Exited Vehicle When Shift Position Wasn’t P” which showed that at the time of the incident that is exactly what happened. Finally, there is ample evidence to support the need for an upgrade of the rollaway provisions within FMVSS 114 – as the facts above show. It’s not enough for a safety agency to simply allow manufacturers to do so voluntarily. . Instead, the Toyota was content to collect the data and blame the driver for an event that it clearly knows occurs and has extensive information about, but fails to prevent. The public needs to rely on NHTSA to promulgate updated regulations that meet the safety needs presented to drivers of modern vehicles.