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However, on October 24, 2013, a jury ruled against Toyota and found that unintended acceleration could have been caused due to deficiencies in the drive-by-wire throttle system or Electronic Throttle Control System (ETCS).Michael Barr of the Barr Group testified that NASA had not been able to complete its examination of Toyota's ETCS and that Toyota did not follow best practices for real time life critical software, and that a single bit flip which can be caused by cosmic rays could cause unintended acceleration.The tactile pedal response of only a spring force with no hysteresis can make it more difficult for a driver to maintain an accelerator pedal position.Manufacturers of electronic accelerator pedals designed their pedals with additional parts to recreate the tactile response of the older mechanical accelerator pedals.As of January 28, 2010, Toyota had announced recalls of approximately 5.2 million vehicles for the pedal entrapment/floor mat problem, and an additional 2.3 million vehicles for the accelerator pedal problem.

This friction introduced mechanical hysteresis into the pedal force versus pedal position transfer function.The report stated that the accelerator pedal's hinge did not allow relieving obstructions, and the dashboard lacked directions for the three-second emergency press of the push button keyless ignition.NHTSA investigators also recovered the accident vehicle's accelerator pedal, which was still "bonded" to the SUV floor mat.With the advent of electronic throttle control, accelerator pedals consist of a spring-loaded pedal arm connected to an electronic transducer.This transducer, typically a potentiometer or Hall effect sensor, converts the position of the pedal arm to an electronic signal which is sent to an electronic control unit (ECU).

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