# 2010 BMW 328XI — VEHICLE SPEED CONTROL
> NHTSA complaint `1298345` · 2016-07-14 · BMW of North America, LLC
## Severity
- **Deaths:** 0
- **Injured:** 1
- **Fire:** No
- **Crash:** Yes
- **Police report:** Yes
- **Medical attention:** Yes
- **Vehicle towed:** Yes
## Vehicle
- **Make:** BMW
- **Model:** 328XI
- **Year:** 2010
- **Manufacturer:** BMW of North America, LLC
- **Component:** VEHICLE SPEED CONTROL
- **Miles at failure:** 54,500
- **Speed:** 5 mph
## Narrative
I BELIEVE THAT UNINTENDED ACCELERATION CAUSED MY ONE VEHICLE ACCIDENT.  I WAS REVERSING SLOWLY OUT OF A STEEP DRIVEWAY.  ONCE OUT OF THE DRIVEWAY, I PUT MY FOOT ON THE BRAKE SO THAT I COULD SWITCH GEAR IN TO DRIVE. WHEN I PUT MY FOOT ON BRAKE, THE CAR ACCELERATED BACKWARDS, AND I COULDN'T CONTROL IT. THE BRAKE WOULDN'T WORK.  THE ACCELERATION WAS SO FAST, THAT WHAT STOPPED ME WAS HITTING A HORSE FENCE ACROSS THE STREET.  I WAS GOING SO FAST, THAT I ENDED UP GOING AIRBORNE, AND ONLY DAMAGED THE TOP OF THE HORSE FENCE. MY FRONT PART OF MY CAR THEN FELL FORWARD AND BROKE THE TIE ROD IN HALF. I ENDED UP WITH WHIPLASH AND A CONCUSSION, REQUIRING POST-CONCUSSION SYNDROME PHYSICAL THERAPY FOR 4 MONTHS.  I ASKED BMW FOR A SPECIAL INVESTIGATION INTO MY CAR TO SEE IF IT MALFUNCTIONED.  MY CAR WAS NOT ALLOWED TO BE FIXED PRIOR TO THE INVESTIGATION AND HAD TO BE DONE AT A BMW DEALER, WHICH IT WAS.  EVERYTHING WAS A SECRET WHEN BMW INVESTIGATED MY CAR.  THE BMW DEALER SERVICE MANAGER WASN'T ALLOWED TO BE TOLD ANY FINDINGS OR WATCH THE INVESTIGATION.  BMW SENT ME A LETTER AFTERWARDS STATING THAT THE CAR DIDN'T MALFUNCTION.  I HAVE BEEN DRIVING FOR 33 YEARS WITHOUT ONE ACCIDENT OR TRAFFIC VIOLATION.  I HAD DRIVEN THAT CAR FOR 4 YEARS AND I KNOW THAT MY FOOT WAS ON THE BRAKE BUT I WAS ACCELERATING FASTER AND FASTER AND COULDN'T STOP THE CAR.  I HAVE READ OTHER REPORTS OF UNINTENDED ACCELERATION AND WHAT IS DESCRIBED IS EXACTLY WHAT HAPPENED TO ME.  I AM LUCKY AND THANKFUL THAT NO CAR OR PERS
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*Source: [NHTSA ODI](https://www-odi.nhtsa.dot.gov/downloads/) · AI Analytics · CC0 1.0*