As Toyota scrambles to fix an accelerator defect that has idled manufacutirng plants and caused sales of popular models to come to a screeching halt, a Texas law firm has filed a class-action lawsuit on behalf of a Corpus Christi man whose January 2010 crash has been blamed on the faulty pedal.

Attorney Robert Hilliard of the Corpus Christi, Texas-based law firm of  Hilliard Muńoz Guerra LLP represents Slyvia and Albert Peña III. Mr. Peña was driving his 2008 Toyota Avalon last month when the car crashed after suddenly accelerating through a stop sign.

The lawsuit charges that Toyota used defective "Electronic Throttle Control"(ETC) systems in its Toyota and Lexus vehicles. These faulty ETC systems cause sudden acceleration. Mr. Hilliard says that Toyota has long been aware of the problem and even installed a mechanical failsafe device to prevent the unintended acceleration, but discontinued the practice in 2001.

The New York Times notes today that Toyota has known about the problem with the gas pedals for some time, but only last week did the company finally appear to come to terms with the scope of the problem - after expanding a series of recalls to cover millions of vehicles around the world, incalculable damage to its once-stellar reputation for quality and calls for Congressional hearings.

At almost every step that led to its current predicament, Toyota underestimated the severity of the sudden-acceleration problem affecting its most popular cars. It went from discounting early reports of problems to overconfidently announcing diagnoses and insufficient fixes. As recently as the fall, Toyota was still saying it was confident that loose floor mats were the sole cause of any sudden acceleration, issuing an advisory to millions of Toyota owners to remove them. The company said on Nov. 2 that “there is no evidence to support” any other conclusion, and added that its claim was backed up by the federal traffic safety agency.

But, in fact, the agency had not signed on to the explanation, and it issued a sharp rebuke. Toyota’s statement was “misleading and inaccurate,” the agency said. “This matter is not closed.” The effect on Toyota’s business is already being felt. Its sales in the United States in January are expected to drop 11 percent from a year earlier, and its market share in the United States is likely to fall to its lowest point since 2006, according to Edmunds.com, an automotive research Web site.

“Toyota has long known about the defect with their throttle control, and has done too little, too late to correct it,” says Mr. Hilliard. “Much like their cars, this problem is speeding out of control and Toyota is having a hard time slamming on the brakes.”