Defective Airbag Lawsuit

Airbags are estimated to have reduced accident fatalities by up to 30 percent. So, while airbags provide an excellent service in reducing the injuries drivers and passengers receive during a car accident––when failing to perform correctly, airbags can cause more harm than good. If an airbag fails to activate during a crash, or if it deploys by mistake, the people in the vehicle may become seriously injured or even killed.

While airbags are meant to prevent injuries in car accidents, they can sometimes cause harm, especially when they malfunction or deploy incorrectly. Airbags are designed to inflate rapidly during a collision to cushion the impact between a person and the steering wheel, dashboard, or other hard surfaces. However, if they deploy too forcefully or malfunction, they can cause a range of injuries. 

Some of the most common injuries associated with airbags include:

• Facial Injuries: Airbags are known to cause facial injuries, particularly if they deploy directly into the face. These injuries can include cuts, bruising, burns, and broken bones, especially around the nose, jaw, and eyes. In some severe cases, airbags can cause eye damage or even permanent vision loss.
   
• Neck and Back Injuries: Airbags can sometimes contribute to whiplash or other neck and back injuries, especially when deployed with excessive force. The force of the airbag can cause the neck to jerk forward and then back suddenly, leading to muscle strain, ligament damage, or more serious injuries to the cervical spine.
   
• Chest Injuries: While airbags are intended to protect the chest from impact with the steering wheel or dashboard, the deployment itself can cause injuries to the ribs, sternum, or internal organs. Broken ribs and bruised lungs are common injuries, and in extreme cases, airbags can lead to organ damage or a punctured lung.
   
• Burns: Airbags contain a chemical propellant that, when ignited, causes the bag to inflate. In some cases, this chemical reaction can cause burns on the skin, especially if the airbag deploys too forcefully or is too close to the person’s body when it inflates. These burns may range from mild to severe and can require medical treatment.
   
• Internal Injuries: In rare cases, an airbag can cause internal injuries, especially if the deployment is too violent. Internal bleeding, organ damage, and broken ribs that damage internal organs are all potential injuries.

Other injuries can include:

• Shrapnel injury
• Lacerations
• Death
• Eye injuries
• Rib fractures
• Head injury
• Dislocated and fractured shoulders
• Broken bones
• Chemical Burns

Injuries can vary significantly based on factors such as the force of the airbag deployment, the positioning of the individual in the vehicle, and whether the person was wearing a seatbelt. In some cases, airbags may have the opposite effect, preventing injuries that would otherwise be fatal.

For more information regarding the types of injuries you may sustain due to a faulty airbag, you can contact a  Morgan & Morgan attorney today by completing our free, no-obligation case evaluation form.

If you’re injured by an airbag during a car crash, it’s crucial to take immediate steps to ensure your safety and protect your legal rights. Here’s what you should do:

• Seek Medical Attention Immediately: Even if your injuries seem minor, you should always get medical treatment after an accident. Some injuries caused by airbags, such as internal injuries or concussions, might not be immediately apparent. A medical professional can assess your injuries and provide necessary treatment.
• Document the Accident: Take photos of the scene of the accident, your injuries, and any damage to your vehicle. This can serve as crucial evidence in a potential claim. If the airbag deployed improperly or caused visible damage to your body, make sure to document this with clear images.
• File a Police Report: A police report will serve as an official document of the accident and can be useful in proving fault or the severity of the crash. The report may also contain valuable information about the malfunctioning airbag if it was part of the incident.
• Preserve Evidence of the Defect: If the airbag malfunctioned (e.g., deployed too forcefully or failed to deploy), it’s important to preserve this evidence. This could include retaining the airbag itself or the airbag module, which may need to be examined by an expert in automotive safety.
• Contact Morgan & Morgan: If you suspect that the airbag malfunctioned or caused significant injuries, it’s advisable to consult with a lawyer who specializes in personal injury or defective product claims. A lawyer can help you understand your legal rights and the potential for filing a claim against the vehicle manufacturer, airbag manufacturer, or other responsible parties.
• Contact Your Insurance Company: Notify your insurance company about the accident and the injuries you sustained. Be honest and thorough when describing the incident, but avoid admitting fault or making statements that could harm your case.
   

By following these steps, you’ll not only get the help you need for your injuries but also set yourself up for a stronger claim in case you decide to pursue legal action.

Finding out if your vehicle has a defective airbag is an important first step in ensuring your safety on the road. Airbag defects can be hazardous, and addressing the issue promptly can help prevent injuries. There are several ways to determine whether your car has a defective airbag or has been affected by an airbag recall.

Check for Recalls

The National Highway Traffic Safety Administration (NHTSA) maintains a database of vehicle recalls. You can visit their website (www.nhtsa.gov/recalls) and enter your vehicle identification number (VIN). Your VIN is a unique 17-character code that can be found on your car’s dashboard (on the driver’s side, near the windshield) or on the driver’s side door frame, near the latch. This will provide information on whether your vehicle is subject to an airbag recall or any other recalls.
 

Manufacturer's Recall Notices

Car manufacturers are required to send recall notices to the registered owners of vehicles affected by recalls. These notices will include information on what the defect is, which vehicles are affected, and how to get it fixed. If you haven't received such a notice but believe your vehicle may have a defective airbag, you should contact the manufacturer directly for more information.
 

Visit a Dealer

Your car’s dealership can also confirm whether or not your vehicle has been affected by an airbag recall. Dealerships will have access to the manufacturer's records, which include details of any outstanding recalls related to your vehicle.
 

Third-Party Recall Services

There are also third-party websites and services that can alert you to recalls. These services typically offer more personalized options, allowing you to sign up for notifications if your vehicle’s airbag or any other part is recalled.
 

Service or Repair Records

If you’ve had your car serviced at an authorized dealer, the records from those services may also indicate whether airbag-related repairs or inspections were performed. If an airbag has been replaced or if the recall was addressed in the past, those records will provide this information.

You can check if your vehicle has a defective airbag by visiting the NHTSA website and entering your VIN, reviewing any recall notices you've received, contacting the manufacturer or dealership, and considering third-party recall services. If you find out that your vehicle is affected by a recall, addressing the issue quickly is important for your safety.

Over the years, defective airbags have caused significant harm, sparking recalls that have affected millions of vehicles globally. The most prominent recall events are those involving Takata and ARC (Autoliv’s predecessor), but several other issues have arisen too.

Takata Airbag Recall

The Takata airbag recall is one of the largest and most well-known recalls in automotive history. Takata Corporation, a Japanese automotive parts supplier, produced airbags that were eventually found to be defective. The problem stemmed from the use of ammonium nitrate as a propellant, which can degrade over time, especially in hot and humid conditions. When the airbag deployed, it could explode with excessive force, sending metal shrapnel into the vehicle's occupants. This defect has been linked to over 100 deaths and thousands of injuries globally.

The recall, which began in 2013, ultimately involved nearly 70 million airbags in over 42 million vehicles across multiple automakers. Manufacturers like Honda, Toyota, Ford, and General Motors were among those affected. The recall process continues to this day, as the airbags were found in vehicles dating back to the early 2000s, with ongoing efforts to replace defective airbags.

ARC Airbag Recall

Another significant recall involved ARC Automotive, a U.S.-based airbag supplier. ARC has faced multiple recalls over the years due to defective airbags, particularly issues with airbag inflators. These inflators had a tendency to malfunction during deployment, resulting in potentially dangerous outcomes for vehicle occupants. The recall started in 2017 and has since affected millions of vehicles across multiple manufacturers, including Fiat Chrysler Automobiles (FCA), Toyota, and Honda. The issues were attributed to both design and manufacturing flaws in ARC’s inflators.

The ARC recall remains a major concern due to its scale and the continued discovery of vehicles still affected. In many cases, drivers may not even know their vehicles contain faulty ARC airbags unless they check for recalls or receive a notification.

Other Notable Airbag Recalls

Aside from Takata and ARC, other companies have faced recalls due to issues with airbags. Manufacturers like Bosch and Autoliv have also been involved in airbag recalls related to issues like faulty sensors, improper airbag deployment, and inflator defects. These recalls, though smaller in scale than Takata and ARC, still impacted a significant number of vehicles and raised concerns about airbag safety.

Timeline of Airbag Recalls

The timeline of airbag recalls can be broken down as follows:

• 2000s: Early airbag recalls due to issues with deployment sensors and defective inflators.
• 2013: Takata recalls start, expanding to millions of vehicles.
• 2017: ARC Automotive begins issuing recalls due to inflator problems.
• 2018-2020: Additional automakers and airbag suppliers involved in smaller recalls, as Takata and ARC’s issues continue to surface.
• Present Day: Millions of vehicles still affected by recalls, with ongoing replacement efforts.

Car owners should regularly check if their vehicle is affected by any recalls, especially those involving airbags. The National Highway Traffic Safety Administration (NHTSA) provides an easy-to-use VIN lookup tool that can help you determine whether your vehicle has been involved in any airbag recall.

How to Check:

1. Find Your Vehicle Identification Number (VIN): Your vehicle's VIN is a unique 17-character code that can be found on your vehicle registration, insurance card, or directly on the car. On most cars, it is located on the dashboard near the windshield or inside the driver’s side door frame, near the door latch.
    
2. Visit the NHTSA Recall Website: Go to https://www.nhtsa.gov/recalls, which is the official site to check recalls in the U.S.
    
3. Enter the VIN: Input your VIN into the search bar on the NHTSA website. Be sure to type it exactly as it appears, including letters and numbers.
    
4. View Results: After submitting your VIN, the site will show any active recalls associated with your vehicle. This will include details about the airbag recall if applicable.
    
5. Follow the Instructions: If your car is part of an airbag recall, follow the steps provided by NHTSA and the manufacturer for getting your airbag replaced.
   
    

VIN Lookup Video Tutorials:

If you prefer a visual guide, many YouTube channels provide detailed tutorials on how to use the NHTSA VIN lookup tool. These tutorials walk you through each step, ensuring you can efficiently check for recalls.

Yes, you can potentially sue if an airbag caused your injury, but it depends on the specifics of your case. Airbags are considered a safety feature in vehicles, and manufacturers are legally obligated to ensure that these safety devices work properly. If the airbag malfunctioned, either by deploying too forcefully or failing to deploy when needed, and caused you harm, you may have grounds for a product liability lawsuit.

There are a few potential legal theories under which you could pursue a lawsuit:

• Design Defects: If the airbag was poorly designed in a way that made it more likely to cause injury, you may have a claim for a design defect. For example, an airbag that deploys too forcefully or is positioned incorrectly could lead to severe injuries.
   
• Manufacturing Defects: If the airbag was manufactured incorrectly or with subpar materials, leading to a malfunction, you may have a claim for a manufacturing defect. This could apply if the airbag was assembled improperly or lacked the necessary components to deploy correctly.
   
• Failure to Warn: If the car manufacturer failed to adequately warn consumers about the potential dangers of airbag deployment or the possibility of defects, you could have a case based on failure to warn.
   

To pursue a lawsuit, you’ll need to prove that the airbag defect was directly responsible for your injuries. This often involves expert testimony and a thorough investigation into the cause of the airbag malfunction. If you can prove that the manufacturer was negligent or that the airbag was defectively designed or manufactured, you may be entitled to compensation.

If you have been injured due to a defective airbag, you may be entitled to compensation for various damages related to your injury. The amount of compensation you can recover depends on the severity of your injuries, the circumstances of the accident, and the impact on your life. Some of the types of compensation you may be eligible for include:

• Medical Expenses: If you suffered injuries as a result of a defective airbag, you may be able to recover the cost of your medical treatment, including hospital bills, doctor visits, surgeries, prescription medications, rehabilitation, and any future medical care required for long-term injuries.
   
• Lost Wages: If your injuries prevent you from working, you may be able to recover compensation for the income you lost while you were unable to work. This can include lost earnings for the period you were hospitalized or recovering, as well as any future wages you may lose if your injuries prevent you from working in the future.
   
• Pain and Suffering: This is compensation for the physical and emotional pain you experienced due to your injury. Pain and suffering damages can include the pain caused by the injury itself, as well as the emotional distress caused by the accident, including anxiety, depression, and the trauma associated with the crash.
   
• Loss of Enjoyment of Life: If your injury has caused you to lose the ability to participate in activities you once enjoyed, you may be able to recover compensation for the loss of quality of life. For example, if you can no longer play sports, travel, or engage in hobbies you once loved, you may be entitled to compensation for that loss.
   
• Punitive Damages: In some cases, if the manufacturer’s actions were particularly reckless or egregious (for example, if they knew about the defect and failed to act), you may be entitled to punitive damages. These damages are intended to punish the manufacturer and deter others from engaging in similar conduct.
   
• Property Damage: If the defective airbag caused damage to your vehicle or other personal property, you may be entitled to compensation for those damages as well.
   

It’s important to remember that every case is unique, and the amount of compensation you are entitled to will depend on the specifics of your situation. Working with a personal injury attorney can help ensure that you pursue all possible avenues for recovery.

While it’s not strictly required to hire a lawyer for an airbag injury claim, having an experienced attorney can significantly improve your chances of securing the compensation you deserve. Personal injury cases, particularly those involving defective products, can be complex and require specialized legal knowledge to navigate. A lawyer can help you in the following ways:

• Investigating the Claim: An attorney can investigate the cause of your airbag injury, including working with experts to determine whether the airbag was defective or improperly deployed. This may involve reviewing crash data, accident reports, and the vehicle’s airbag system.
   
• Building a Strong Case: A lawyer can help gather evidence, interview witnesses, and compile medical records to build a compelling case. They will ensure that all necessary documentation is in order, which is crucial for a successful claim.
   
• Negotiating With Insurers: Insurance companies are often reluctant to offer fair settlements. A lawyer can handle negotiations on your behalf, ensuring that you receive a fair offer that fully compensates you for your injuries and damages.
   
• Representing You in Court: If your case goes to trial, an attorney will represent you in court, presenting evidence and arguing your case to a judge and jury. Legal representation can be crucial in achieving a favorable outcome in court.
   
• Maximizing Compensation: Lawyers understand the full scope of damages you may be entitled to and will ensure you pursue all possible avenues for recovery, including compensation for medical expenses, lost wages, pain and suffering, and more.
   

Choosing the right attorney can make a significant difference in the outcome of your case. It’s essential to hire a lawyer with experience in defective product cases and a track record of success in airbag injury claims.

At Morgan & Morgan, our team of experienced product liability attorneys has successfully represented countless clients in similar situations, securing millions in compensation. As the largest personal injury law firm in the country with over 1,000 lawyers nationwide, we have the resources, knowledge, and dedication to fight for your rights. 

We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™—you only pay if we win.

Don’t bear the burden of your injuries on your own because of someone else’s negligence. Contact Morgan & Morgan today for a free case evaluation to learn more about your legal options.

No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.

Hiring one of our product liability lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

Morgan & Morgan’s product liability lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

When you hire Morgan & Morgan, you don’t just hire a lawyer, you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C.

Your case will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team that includes a primary attorney who will oversee your case and ensure you receive personalized attention throughout the process.

After your initial consultation, your care team will schedule regular meetings to discuss your case, provide updates, and prepare you for any upcoming proceedings. We are committed to maintaining open lines of communication and keeping you informed every step of the way.

These meetings can be handled in person, virtually, and by phone, depending on your case’s requirements and your ability to do so.

The time limit for filing a lawsuit for an airbag-related injury is governed by the statute of limitations, which varies depending on the state where the accident occurred. The statute of limitations is the period during which you are allowed to file a lawsuit, and once that time has passed, you may lose your right to pursue legal action.

In most states, the statute of limitations for personal injury claims is between two to six years from the date of the accident or injury. However, some states have different rules when it comes to product liability cases, and the time frame may be different for injuries caused by defective airbags.

Important Considerations

• Discovery Rule: In some cases, the statute of limitations may not begin when the accident occurs but rather when the injury is discovered. For example, if the injury from the airbag becomes apparent only months or even years after the accident (such as in the case of latent health issues or complications from the injury), the discovery rule might allow for a longer period to file the lawsuit.
   
• Defective Product Claims: If you are filing a claim for a defective product (such as a faulty airbag), some states may allow you to file a lawsuit for a longer period than standard personal injury cases. In such cases, you might have 10 years or more to file, depending on the laws in your state. It's important to check your state’s laws or consult with a lawyer to ensure you don’t miss any critical deadlines.
  
   

What Happens if I Miss the Statute of Limitations?

If you fail to file a lawsuit within the time limit set by the statute of limitations, the court will likely dismiss your case, and you will lose your ability to recover any compensation for your injuries. This is why it is essential to act promptly after an airbag injury—delaying your claim can severely limit your legal options.

If you believe you have a case for an airbag-related injury, it’s essential to contact an attorney as soon as possible to ensure that you don’t miss the statute of limitations in your state. An attorney can advise you on the timeline for your specific case and help you file your lawsuit within the required time frame.

Early on, you should also work to preserve evidence related to your injury, such as accident reports, medical records, photographs of injuries, and any communications you’ve had with your car manufacturer. This can help strengthen your case if you decide to pursue legal action.

Faulty airbags pose a serious risk to road safety, leading to preventable injuries and fatalities. The defective Takata airbags, for example, have been responsible for several deaths and injuries, contributing to the overall danger associated with these faulty safety devices.

Airbag-related Fatalities and Injuries:

Since the inception of airbag deployment systems in cars, airbags have saved thousands of lives. However, when they fail or deploy incorrectly, they can result in significant harm. Faulty airbags have been known to cause shrapnel injuries, burns, and blunt force trauma.

According to NHTSA, the Takata airbag defect has been linked to at least 27 deaths in the U.S. alone. The injuries caused by defective airbags range from minor lacerations to severe trauma, including permanent disfigurement and even death. The most common injuries include:

• Shrapnel wounds: Metal fragments from exploded inflators can embed themselves in the vehicle occupants.
• Chemical burns: Airbags use chemicals like sodium azide, which can cause burns if deployed improperly.
• Trauma to the face and chest: A rapidly deploying airbag can cause significant injuries to a person’s head, neck, chest, or arms.

Airbag Defects and Safety Statistics:

The faulty airbags, particularly those from Takata, have affected millions of vehicles worldwide. As of 2020, it is estimated that over 50 million vehicles in the U.S. have been impacted by airbag recalls. These airbags have been linked to over 400 injuries and several deaths, underscoring the significant impact of faulty airbags on road safety.

The legal landscape surrounding defective airbags is complex, involving multiple parties, including airbag manufacturers, vehicle manufacturers, and sometimes third-party suppliers. The legal implications of faulty airbags typically revolve around product liability, negligence, and breach of warranty.

Liability Between Manufacturers:

• Takata’s Responsibility: Takata, as the airbag manufacturer, faced multiple lawsuits for their defective airbags. The company was held accountable for producing airbags with faulty inflators, which ultimately led to their bankruptcy in 2017. Takata’s actions were found to be negligent, and they were required to pay billions in settlements and fines.
   
• Vehicle Manufacturers: Car manufacturers, such as Honda, Ford, and Toyota, were also affected by the recall, as many of their vehicles contained the faulty Takata airbags. In many cases, these manufacturers were required to issue recalls and provide free replacement airbags to vehicle owners. Legal action has been taken against these manufacturers for failing to address the issue earlier.
   
• Third-Party Suppliers: In some cases, third-party suppliers of airbag components (such as inflators or sensors) can also be held liable. For example, ARC Automotive has faced legal scrutiny due to defective components that caused airbag malfunctions.

Class Action Lawsuits and Individual Claims:

Victims of faulty airbags can file individual lawsuits or join class action lawsuits. Class action suits are common in these cases due to the widespread nature of the recalls and the number of affected individuals. These lawsuits typically focus on product defects and the harm caused by the airbag’s failure to perform as expected.

Both Takata and ARC have been involved in major airbag recalls, but their issues stem from different causes, and the scope and scale of their recalls vary.

Takata Airbag Recall:

As mentioned earlier, Takata airbags are notorious for their use of ammonium nitrate in the inflator, which can degrade over time and cause the airbag to deploy with excessive force. The problem began as early as the mid-2000s and continued to affect vehicles for over a decade. When the inflators malfunctioned, they not only released the airbag itself but also sent metal shrapnel flying into the cabin, causing severe injuries or fatalities to the passengers. The primary issue was the instability of the ammonium nitrate when exposed to heat and humidity.

Affected Vehicles: The Takata recall affected cars across all major automakers, including Honda, Toyota, Ford, General Motors, BMW, and many others. Vehicles from the 2000s and early 2010s were most commonly impacted.

Injury Types: Injuries caused by the Takata airbags include shrapnel wounds, chemical burns, lacerations, and even death from blunt force trauma. The majority of injuries have occurred to drivers, though passengers have also been severely affected.

Recall Scale: The Takata recall is, by far, the largest airbag recall in history. It affected more than 70 million airbags across nearly 50 million vehicles worldwide. The Takata bankruptcy in 2017 came as a result of the massive legal and financial consequences stemming from this issue.

ARC Airbag Recall:

The ARC Automotive recall primarily revolves around the airbag inflators themselves. Unlike Takata, which used ammonium nitrate as a propellant, ARC airbags are notorious for inflator defects that cause improper or delayed deployments. Some inflators have been known to rupture during deployment, sending parts of the airbag or inflator into the cabin. These issues are linked to flaws in manufacturing or design, particularly in certain models from ARC Automotive.

Affected Vehicles: Like Takata, ARC airbags have been used by a number of manufacturers, including Fiat Chrysler Automobiles (FCA), Honda, and Toyota. However, the recall has generally been narrower in scope compared to Takata's.

Injury Types: Similar to Takata airbags, ARC airbags have been linked to serious injuries such as lacerations, burns, and blunt trauma from improper deployment. However, the injuries tend to occur more due to the inflators rupturing, which can send fragments into the cabin.

Recall Scale: Although smaller in scale than Takata's, ARC has still been responsible for millions of recalls. In total, over 2 million vehicles were impacted by ARC-related recalls as of 2020.

Comparison:

• Cause of the Defect: Takata’s issue was the instability of the ammonium nitrate propellant, whereas ARC's issues were linked to faulty airbag inflators and deployment mechanisms.
• Severity of Injuries: Both recalls have caused serious injuries and fatalities, but Takata’s shrapnel-related injuries have been more widely publicized due to their severity and frequency.
• Global Reach: Takata's recall is much broader in scope, affecting millions of vehicles in multiple countries. ARC’s recall, while serious, has affected fewer vehicles.

While airbags are designed to save lives, faulty or improperly deployed airbags can lead to serious and sometimes life-altering medical conditions. The injuries caused by defective airbags can vary widely, depending on the nature of the defect, the location of the occupant, and the severity of the crash.

Types of Injuries Linked to Defective Airbags:

Shrapnel Wounds

The Takata airbag recall, in particular, is notorious for causing shrapnel wounds. The defect caused the airbag inflators to rupture violently, sending metal fragments into the cabin at high speeds. These fragments have been known to puncture skin, causing deep lacerations, internal bleeding, and even permanent disfigurement. In some cases, these injuries can be fatal.

Chemical Burns

Airbags use chemical propellants like sodium azide to deploy, which can cause burns if the airbag deploys incorrectly or too forcefully. Chemical burns may occur when the airbag deploys and the chemicals are exposed to the skin or eyes. These burns can range from mild irritation to severe third-degree burns.

Trauma to the Face and Chest

Airbags deploy at a very high speed, and the force can cause blunt force trauma to the face, chest, and upper body. Injuries to the face can include broken bones, bruising, and in severe cases, permanent damage to facial features. The chest can also suffer trauma, particularly in cases where the airbag inflates too forcefully, leading to rib fractures or damage to internal organs like the lungs or heart.

 

Neck and Spinal Injuries

In some cases, the deployment of an airbag can cause neck and spine injuries, including whiplash, herniated discs, or even more severe spinal cord injuries. These types of injuries may not be immediately apparent but can lead to chronic pain or permanent disability.

 

Psychological Trauma

Experiencing an accident where a defective airbag deploys can lead to psychological issues such as post-traumatic stress disorder (PTSD), anxiety, or depression. Survivors may experience emotional distress from both the physical injuries they’ve sustained and the trauma of being in an accident.

 

Long-Term Health Implications:

In addition to the immediate injuries caused by faulty airbags, many victims may face long-term health complications. For example:

• Chronic Pain: Injuries to the chest, face, or spine can lead to chronic pain that may require long-term medical treatment.
• Permanent Disfigurement: Shrapnel injuries can cause permanent disfigurement, which may require multiple surgeries and lead to ongoing emotional distress.
• Breathing Problems: Chemical burns to the lungs or throat can result in ongoing breathing difficulties and may require long-term respiratory therapy.

The National Highway Traffic Safety Administration (NHTSA) plays a critical role in ensuring vehicle safety in the United States. The NHTSA is responsible for enforcing safety standards, conducting investigations, issuing recalls, and providing a comprehensive database for vehicle owners to check for safety issues.

NHTSA’s Authority:

NHTSA is a federal agency under the U.S. Department of Transportation. Its mission is to reduce road traffic accidents and fatalities through the regulation and enforcement of safety standards. NHTSA has the authority to regulate various aspects of vehicle safety, including airbags, seat belts, tires, and crashworthiness.

Investigating Defective Airbags:

When reports of faulty airbags emerge, NHTSA initiates investigations to determine the cause of the defect. These investigations can be based on consumer complaints, manufacturer reports, or crash data. If the agency determines that an airbag defect poses a risk to public safety, it can initiate a recall, requiring the manufacturer to notify affected vehicle owners and replace the defective parts.

Enforcing Recalls:

NHTSA is responsible for ensuring that vehicle manufacturers comply with recall notices. The agency has the authority to fine manufacturers who fail to initiate recalls or do so inadequately. NHTSA also monitors recall efforts to ensure that replacement parts are available and that owners are notified in a timely manner.

Vehicle Safety Data:

NHTSA maintains a public database that allows consumers to check for vehicle recalls by entering their VIN number. This database is an essential resource for vehicle owners who want to ensure their vehicles are safe and free from defects.

Airbag recalls are not limited to the United States; defective airbags have been a global concern, affecting countries across Europe, Asia, and other regions. However, the approach to handling airbag defects and recalls varies from country to country.

Europe

In the European Union, vehicle safety is regulated by the European Commission, and member countries have their own agencies that enforce safety standards. The European Union generally follows similar standards to the United States in terms of airbag regulations, and European car owners can check for recalls via the European Car Manufacturers Association (ACEA) or national vehicle authorities. However, some countries may have more stringent regulations, particularly regarding vehicle emissions and safety features like airbags.

Asia

In countries like Japan, South Korea, and China, airbag recalls are also taken very seriously. Japan’s Ministry of Land, Infrastructure, Transport and Tourism (MLIT) is responsible for vehicle safety standards, while China’s General Administration of Quality Supervision, Inspection, and Quarantine (AQSIQ) oversees recalls in the Chinese market. Manufacturers like Honda and Toyota, which are based in Japan, are directly involved in recalls in these regions, and the Takata airbag issue, in particular, has had a profound impact on airbag safety regulations in Japan.

Global Coordination

International coordination between regulatory bodies, such as the NHTSA in the U.S. and other global agencies, is essential to managing airbag recalls. Manufacturers must comply with recall requirements across various countries, ensuring that faulty airbags are replaced worldwide. Global automakers like Honda, Toyota, and Ford have been involved in extensive international recall campaigns to address defective airbags, highlighting the global nature of this issue.

Airbag recalls are costly for manufacturers, vehicle owners, and the automotive industry as a whole. The financial consequences extend beyond the immediate costs of replacing airbags and repairing vehicles.

Manufacturer Costs

For manufacturers like Takata, the cost of the recall is astronomical. Takata’s bankruptcy was a direct result of the financial burden imposed by the recall, as the company faced billions in legal settlements, fines, and the expense of replacing defective airbags in millions of vehicles. Additionally, manufacturers may face lawsuits, fines from government agencies, and a loss of brand reputation.

Vehicle Owners

For vehicle owners, airbag recalls can be inconvenient and costly, particularly if the recall affects a vehicle that is no longer under warranty. While most recalls are free of charge to the consumer, the time and effort involved in getting the vehicle repaired can add up. Furthermore, if an airbag defect leads to an accident or injury, the vehicle owner may face significant medical and legal costs.

The Automotive Industry

The broader automotive industry also feels the impact of airbag recalls. Recalls can damage the public's perception of the safety and reliability of vehicles, leading to a decrease in sales and consumer trust. Automotive suppliers and repair shops also experience a demand surge during recall periods, which can strain resources and increase operational costs.

Yes, you can still file a claim if you weren't injured in an airbag-related accident, though the circumstances of the claim will differ depending on the nature of the issue. A defective airbag, even in the absence of injuries, can still warrant legal action. Here are some common scenarios in which you may be able to file a claim:

Defective Airbag Causing Property Damage

Even if you were not injured, a defective airbag may still cause damage to your vehicle or personal property. For example, if the airbag deploys without warning or malfunctions in another way, it may cause cosmetic or mechanical damage to your car’s interior. This could lead to a claim for damages to repair the vehicle.

 

Financial Losses

If the airbag malfunction or failure caused financial loss, such as increased repair costs or a decrease in the vehicle’s value, you may be entitled to compensation for those costs. Even in the absence of physical injury, consumers can still seek to recover damages for financial harm caused by defective products.

 

Defective Design or Manufacturing

In some cases, defective airbags are part of a broader pattern of negligence in design, manufacturing, or installation. Even if no one was injured, defective airbags can be considered a design flaw or manufacturing defect that impacts the safety of the vehicle. A class action lawsuit or individual lawsuit may be appropriate to hold the manufacturer accountable for widespread defects.

 

Emotional Distress

While this is less common, some people who experience a near-miss or traumatic experience involving a faulty airbag may seek damages for emotional distress. The sudden, unexpected deployment of an airbag can cause shock, anxiety, and other emotional reactions, which may be grounds for a claim, particularly if it caused a lasting mental health impact.

In these situations, consulting with an experienced attorney at Morgan & Morgan can help you understand your options. While physical injuries are often the primary focus in personal injury claims, claims related to defective products, including faulty airbags, are possible even without injury.

Yes, rental cars can be affected by airbag recalls, and in fact, they have been involved in some high-profile cases. If a rental car has a defective airbag or is subject to an airbag recall, it is the responsibility of the rental company to address the issue. The rental car company may choose to repair the airbag, replace the vehicle, or take it off the rental fleet until the necessary repairs are made. Here are some helpful steps you can take to ensure safety:

1. Check for Recalls Before Renting: When you rent a vehicle, it’s essential to check whether the car is affected by an airbag recall. You can do this by entering the car's VIN into the NHTSA recall database. Many rental companies may not check this for you, so it’s up to you to ensure the car is safe.
    
2. Ask the Rental Agency: If you are unsure whether the rental car has a defective airbag, ask the rental agency directly. If the car is part of a recall, the agency should inform you of the situation and take appropriate action. Some companies will even allow you to switch cars if you're uncomfortable with the vehicle you were provided.
    
3. Rental Car Liability: If you are involved in an accident in a rental car with a defective airbag, you may be able to pursue legal action against both the manufacturer of the vehicle and the rental company. While the car manufacturer is responsible for fixing the defect, the rental company has a responsibility to ensure the cars they rent out are safe. If they fail to check for recalls or neglect necessary repairs, they may be held accountable for any injuries or damages that occur as a result.
    
4. Liability Coverage and Safety: If the rental car company provides liability coverage, you may be able to file a claim under their insurance for any damages caused by the defective airbag. Additionally, make sure that the rental car agency’s safety standards include addressing any known issues, including airbag recalls.

Rental cars can be affected by airbag recalls, and renters should take steps to verify the safety of the car before renting. If you suspect a rental car has a defective airbag, it’s important to raise concerns with the rental company and potentially seek legal recourse if you're involved in an accident.

If your car’s airbag light is on, it indicates a malfunction in the airbag system, and it is important to address it immediately. An illuminated airbag light can signal a range of issues, from minor sensor problems to more severe malfunctions that could affect the deployment of the airbag during a crash. Here’s what you should do:

1. Do Not Ignore the Light: If the airbag light comes on, it is a sign that something is wrong with the airbag system. Ignoring it could lead to further complications and possibly prevent the airbags from deploying in the event of an accident.
   
    
2. Check for Obvious Issues: Before taking the car in for repairs, check for any obvious issues, such as disconnected wires under the seats or loose connections near the airbag sensors. While these issues are often minor, they can sometimes be the cause of the airbag light turning on.
    
3. Get a Diagnostic Test: Most modern vehicles have an onboard diagnostic system that can read error codes related to the airbag system. Taking your vehicle to an auto repair shop or dealership to have the system scanned for error codes is crucial. This will pinpoint the specific problem, such as a faulty sensor, wiring issues, or a malfunctioning airbag module.
    
4. Have the System Inspected and Repaired: Depending on the diagnostic results, the airbag system may need to be repaired or replaced. Common repairs could include fixing damaged wires, replacing faulty sensors, or addressing issues with the airbag module itself. Only a certified professional should repair the airbag system, as improper handling could lead to further complications.
    
5. Don’t Drive the Car Until It’s Fixed: Until the airbag system is repaired, avoid driving the car, especially if the light indicates a serious problem. A malfunctioning airbag system can render your vehicle less safe, particularly in the event of an accident.
    
6. Verify the Fix: Once the repairs are made, verify that the airbag light has turned off and that the system is functioning properly. You can ask for a second diagnostic check or inquire about a warranty on the repair work.
    

If your airbag light is on, do not ignore it. Schedule an appointment with a certified mechanic or dealership to diagnose and repair the issue. 

The length of time it takes to resolve an airbag defect lawsuit can vary widely depending on several factors, such as the complexity of the case, the severity of the injuries, and whether the case goes to trial. On average, an airbag defect lawsuit can take anywhere from several months to a few years to resolve. Here are some of the key factors that influence the timeline:

Investigation and Discovery

The first stage of any lawsuit involves gathering evidence, which can take months. This includes obtaining the car’s service records, crash data, witness statements, expert testimony, and more. The discovery process is often one of the longest phases of the case, as both sides exchange information.

 

Negotiation and Settlement

Many airbag defect lawsuits are settled out of court. Settlement negotiations can take weeks or months, depending on how complex the issues are and whether both parties are willing to negotiate in good faith. Some cases may settle quickly, while others may require more time to come to a resolution.

 

Litigation and Trial

If a settlement cannot be reached, the case will go to trial. Trials can take a significant amount of time, often extending the length of the lawsuit by months or even years. Trials involve selecting a jury, presenting evidence, and having both sides argue their case. After the trial, the jury will deliberate and return a verdict.

 

Appeals

If either party is dissatisfied with the trial’s outcome, they may choose to file an appeal, which can further delay the final resolution of the case. Appeals can add another year or more to the timeline of a lawsuit.

While an airbag defect lawsuit can take months to a few years to resolve, many cases are settled out of court. Working with an experienced attorney at Morgan & Morgan can help expedite the process and increase your chances of achieving a favorable outcome.

When a car’s airbag is recalled, the responsibility for paying for the repairs or replacements lies with the manufacturer. The manufacturer is required to cover all costs associated with fixing the defect, including replacing the faulty airbag or repairing the defective system. Here's how the process typically works:

Manufacturer’s Responsibility

Once the manufacturer issues a recall for defective airbags, they are legally obligated to fix the problem at no cost to the vehicle owner. This includes parts, labor, and any other related expenses. Car owners are typically notified via mail with instructions on how to proceed.

 

Authorized Dealerships

The manufacturer will arrange for authorized dealerships to handle the repairs. These dealerships will inspect the airbag system, replace the defective parts, and ensure the vehicle meets safety standards. The service should be free of charge to the vehicle owner.

 

Rental Cars and Alternative Transportation

If the repair takes an extended period, the manufacturer may provide rental cars or other alternative transportation to vehicle owners. This helps minimize the inconvenience of being without your vehicle while the recall is being addressed.

 

State Laws and Consumer Protections

In some cases, state laws may provide additional protections for consumers. For example, certain states require manufacturers to offer rental cars or reimburse for transportation expenses if the repair process is going to take more than a few days.

Yes, passengers can absolutely file a claim for injuries caused by a defective airbag. Just like drivers, passengers are protected by the same safety features in a vehicle, including airbags. In fact, airbags are designed to protect everyone in the car, not just the driver. If a passenger is injured by an airbag during an accident and the airbag’s defect played a role in causing or exacerbating the injury, they can pursue a claim against the vehicle manufacturer or any responsible party.

For a passenger to file a successful claim, they will need to prove that the airbag malfunctioned, either by deploying too forcefully or failing to deploy when it should have. This can be done by gathering evidence from accident reports, medical records, and expert testimony. The key to the case will often involve demonstrating how the airbag's defect directly contributed to the injuries the passenger suffered. For instance, if the passenger's injuries were more severe because the airbag deployed with excessive force, that can serve as the basis for a claim.

While airbags are designed to reduce the severity of injuries in car accidents, airbag-related injuries still occur. It’s difficult to pinpoint exactly how common these injuries are, as they depend on numerous factors, such as the speed of the crash, the type of crash (frontal, side-impact, etc.), the vehicle model, and whether or not the airbag deployed correctly.

According to various studies and reports, airbag-related injuries have decreased significantly over the years due to improvements in airbag technology and safety regulations. However, there are still cases of injury related to airbag deployment. The National Highway Traffic Safety Administration (NHTSA) reports that airbags have saved tens of thousands of lives since their introduction, but they also contribute to a small but significant number of injuries annually.

Factors that increase the likelihood of airbag-related injuries include:

• Improper Seat Position: People who are too close to the steering wheel or dashboard when the airbag deploys are more likely to be injured.
• Failure to Wear Seatbelts: Airbags are designed to work in conjunction with seatbelts. When seatbelts aren’t worn, the risk of injury from an airbag increases.
• Vehicle Type: Some vehicles, especially older models, may have less advanced airbags, which can increase the risk of injury.
• Defective Airbags: Malfunctioning airbags or those that deploy too forcefully can significantly increase the risk of injury.

While airbags reduce the overall risk of death and serious injury in crashes, they are not without risks, particularly in the case of defective airbags or improper deployment.

If your airbag failed to deploy during an accident, it can be extremely frustrating and even life-threatening. Airbags are meant to protect you by cushioning the impact and preventing injuries from hitting hard surfaces inside the vehicle. When an airbag fails to deploy in a crash where it should have, it may be due to a defect in the airbag system, such as faulty sensors, a malfunctioning inflator, or a problem with the vehicle’s electrical system.

In such cases, you may have grounds to pursue a defective product claim against the manufacturer of the vehicle or airbag. If the airbag failed to deploy when it should have, it may have contributed to the severity of your injuries, and you may be entitled to compensation for your medical expenses, pain and suffering, and other damages.

To determine whether the airbag failure was a result of a defect, an investigation will need to be conducted. This could include an inspection of the airbag system, reviewing accident data (such as crash sensors), and gathering expert testimony about whether the airbag should have deployed.

Common causes of airbag failure to deploy include:

• Faulty Sensors: Airbags rely on sensors to detect a collision and trigger deployment. If these sensors fail to detect the crash properly, the airbag may not deploy.
   
• Electrical Malfunctions: Electrical issues in the airbag system can prevent the airbag from deploying. If the airbag system is not receiving the proper signal, the deployment may not occur.
   
• Defective Airbag Components: Defects in the airbag module or inflator can prevent the airbag from inflating properly. If any component of the system fails, the airbag may not deploy as intended.
   

If your airbag failed to deploy, contact Morgan & Morgan for a lawyer who specializes in defective product claims. They can help you gather evidence, determine the cause of the failure, and hold the responsible parties accountable.

Yes, you can still pursue a claim if you were partially at fault for the accident that resulted in an airbag injury, depending on the laws in your state. Many states follow a comparative negligence system, which allows an injured party to seek compensation even if they were partially responsible for the accident, although the amount of compensation you can recover may be reduced based on your degree of fault.

Comparative Negligence vs. Contributory Negligence

• Comparative Negligence: This system allows you to recover damages even if you were partially at fault, but your compensation will be reduced by the percentage of fault assigned to you. For example, if you were 30% at fault for the accident, your recovery would be reduced by 30%.
   
• Contributory Negligence: In a few states, the contributory negligence rule applies, which means that if you were even 1% at fault for the accident, you may be completely barred from recovering damages. However, this is a less common approach and only applies in a handful of states.
  
   

Impact on Your Claim

If you were partially at fault for the accident, a court will determine the extent to which you were responsible and how that affects the compensation you can receive for your injuries. For example, if your failure to wear a seatbelt contributed to the severity of the airbag injury, that could be considered when calculating damages.

What You Should Do

If you believe you were partially at fault for the accident, it is still worth pursuing a legal claim. 

Contact Morgan & Morgan to speak with an attorney to understand your rights under the laws of your state and to evaluate the strength of your case. 

An attorney can help you navigate the complexities of comparative negligence and ensure that you receive fair compensation for your injuries. Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.

Proving that an airbag caused your injury can be complex, but with the right evidence and expert testimony, it is possible to build a strong case. Here’s how you can approach proving your claim:

1. Document the Accident: Take detailed notes and photographs of the accident scene, including the position of your vehicle, the damage to the car, and any visible signs that the airbag deployed incorrectly (if it deployed too forcefully or failed to deploy). This documentation will serve as the foundation for your case.
    
2. Seek Medical Attention: Your medical records will be crucial in proving that the airbag injury is the result of the accident. Make sure to visit a doctor or hospital as soon as possible and clearly explain how the airbag contributed to your injuries.
    
3. Collect Witness Statements: If there were any witnesses to the accident, their statements can help support your claim. Witnesses who observed the airbag’s deployment or the severity of your injuries can provide valuable testimony.
    
4. Obtain the Vehicle’s Black Box Data: Some vehicles are equipped with event data recorders, or “black boxes,” that capture information about the vehicle during a crash, including whether the airbag system was activated. This data can be essential in determining whether the airbag deployed as expected.
    
5. Hire an Expert: Experts in automotive safety can examine the airbag system, vehicle damage, and medical records to help determine whether the airbag caused your injury. Expert testimony can help clarify whether the airbag deployed too forcefully or failed to deploy when it should have.
    

By gathering the right evidence and working with experts, you can build a strong case to prove that the airbag caused your injury and pursue the compensation you deserve.

While airbags are designed to protect drivers and passengers during an accident, they can cause injuries if not properly used or if the airbags themselves are defective. To minimize the risk of airbag injuries, there are several safety precautions you can follow.

Wear Your Seatbelt at All Times

One of the most important safety precautions to take is always wearing your seatbelt. Seatbelts help restrain the body and prevent excessive movement during an accident, allowing the airbag to deploy properly and providing additional protection. In fact, the combination of airbags and seatbelts provides the most effective protection against injury in a car crash.

Ensure the seatbelt fits snugly across your chest and pelvis. A seatbelt that is too loose or improperly positioned can reduce its effectiveness and increase the risk of injury from the airbag.

Proper Seating Position

Maintaining a proper seating position is key to reducing the risk of injury from an airbag. Sitting too close to the steering wheel or dashboard can increase the force at which the airbag hits you upon deployment.

• Keep a Safe Distance: The National Highway Traffic Safety Administration (NHTSA) recommends sitting at least 10 inches away from the steering wheel if you are the driver. If you're a passenger, sit as far back as possible from the dashboard to minimize the risk of injury.
   
• Upright Posture: Keep your seat in an upright position to ensure the airbag can deploy properly. Leaning too far forward or reclining your seat increases the risk of injury during airbag deployment.
  
   

Ensure Children are Properly Secured in the Rear Seat

As previously mentioned, children are particularly vulnerable to airbag injuries. To protect them, children under the age of 13 should always ride in the rear seat of the vehicle, away from the airbags. Infants and toddlers should be secured in rear-facing car seats, which should always be placed in the backseat.

Even if your vehicle’s airbag system allows you to turn off the passenger airbag, it is safest for children to always be placed in the rear seat. The front seat should only be occupied by children who have outgrown their rear-facing car seats and are properly using a booster seat.

Turn Off the Passenger Airbag If Possible

If your vehicle allows you to deactivate the front passenger airbag, consider doing so when driving with children in the front seat. This can reduce the risk of injury in the event of an accident. However, this should only be done when there is no adult passenger in the front seat. If you must transport a child in the front seat, ensure they are in an appropriate car seat and securely fastened.

Maintain Airbag Systems and Vehicle Safety Features

Ensure that your vehicle's airbag system and safety features are maintained and functioning properly. This includes getting your vehicle regularly inspected and addressing any malfunctioning or defective airbags as soon as possible.

• Airbag Recalls: Always check for any airbag recalls on your vehicle by contacting the manufacturer or checking the National Highway Traffic Safety Administration’s (NHTSA) website for recall information. If your vehicle’s airbag is subject to a recall, make sure to have it repaired or replaced promptly.
   
• Airbag Light: If the airbag light on your dashboard comes on, do not ignore it. This may indicate a malfunction in the airbag system, which can affect its performance in a crash. Bring your vehicle to a certified mechanic or dealership for an inspection.
   

Proper Airbag Functionality

If you are involved in an accident, even if you are not injured, make sure to have the airbags inspected for functionality afterward. Airbags that fail to deploy properly or deploy too forcefully can lead to significant injuries. Early detection of airbag system issues can prevent future problems.