Hyundai Airbag Lawsuit

Based on an investigation conducted by the NHTSA, it believes that ruptures may result from the weld slag produced by the friction welding manufacturing process. The report states, “Should weld slag of a sufficient size become dislodged, it can cause a blockage of the inflator exit orifice when the airbag deploys. A blockage of sufficient size will cause over-pressurization and rupture of the inflator, leading to the potential forced propulsion of shrapnel or metal fragments from the inflator into the passenger compartment.” Roughly seven people have been injured by the rupturing air bag inflators, and there has been one reported death in the United States. 

However, ARC claims that the NHTSA’s investigation reports are false and refuses to abide by their demands to issue a recall for the millions of airbag inflators used in vehicles on the road today. On October 5, 2023, the NHTSA will hold a public meeting to review their original findings.

While both the ARC and Takata issues involve airbag inflators, both recalls stem from different issues. Created by the now-bankrupt Japanese company known as the Takata Corporation, the Takata airbag inflators were installed in vehicles from 2002 through 2015. An investigation by the NHTSA deemed that the millions of vehicles fitted with Takata airbag inflators were a safety risk for drivers and their passengers and should be recalled. 

The root cause of the exploding Takata airbags comes from the design and the chemical compound the company used to inflate the airbags. The airbag design had a metal cartridge loaded with ammonium-nitrate-based propellant, a "cost-efficient" fertilizer and highly flammable chemical typically found in bombs. Takata did not include a chemical drying agent when loading the compound into the metal cartridge. 

Without the drying agent, things like environmental changes, high temperatures, the aging of the airbag, or an accident could cause the inflator's housing to rupture. This rupture can propel metal shards from the airbag throughout the passenger cabin, leaving those in the vehicle with severe injuries or, in some cases, can lead to death.

In order for an airbag to deploy, it requires an inflator. The inflator is installed inside an airbag to produce a quantity of gas with a certain composition, temperature, and controlled rate. In the case of an accident or certain injury scenarios, the inflator will fill the airbag system to sufficiently cushion an automobile occupant. Since the 1999 model year, the federal government has required automakers to install driver and passenger airbags for frontal impact protection in all vehicles.

While the ARC airbag inflators do pose a risk to drivers' safety, disabling your airbags could put you at further risk of severe injuries in accidents. If you are concerned about the safety of your vehicle's airbags, we highly urge you to contact your local Hyundai dealership to learn more about what your best options are. According to the NHTSA, drivers will have no warning signs if the airbag is defective. If you are concerned, we urge you to take prompt action to ensure your vehicle’s airbags are safe.

Depending on the type of vehicle you own, the placement of the defective airbags may vary. To learn more information, owners may enter their car's vehicle identification number into the NHTSA recall search engine. It will provide you with information on whether the driver-side, passenger-side, or both frontal airbags in their vehicle are included in the recall. Customers are also urged to contact their local Hyundai dealer for more information on the affected vehicles.

Airbags are safety features in vehicles created with the purpose of aiding in our protection during an accident. However, when airbags with defects are installed into vehicles, they can not only fail to protect us during an accident but cause even more harm to the driver or passengers. The most common injuries drivers and their passengers have experienced due to a defective airbag include, but are not limited to: 

• Brain injury 
• Broken bones
• Burns
• Compound fractures
• Death
• Facial injuries
• Hearing loss
• Neck injuries
• Permanent scarring
• Rib, sternum and/or clavicle fractures
• Serious cuts or avulsions
• Spinal fractures
• Vision damage 
• Vocal damage

If you or a loved one have suffered an injury or have lost their life due to a defective airbag, our attorneys may be able to help you.

If you have suffered an injury or have lost a loved one due to a defective airbag, you may be eligible to recover one or more of the following forms of compensation:

• Medical expenses
• Loss of wages
• Loss of consortium
• Pain and suffering
• Permanent disability
• Emotional distress
• and more. 

Depending on the severity of your injuries or damages sustained, the amount of compensation you may be able to claim may vary. For an accurate estimate of what you may be eligible to recover, contact a Morgan & Morgan attorney today by completing a case evaluation form.

While you can file a claim on your own, we highly encourage you to contact an experienced attorney like the ones at Morgan & Morgan. Working with an experienced attorney can significantly increase your chances of recovering the compensation you and your loved ones are entitled to after an injury. For more information on how a Morgan & Morgan attorney can help your case, or if you have questions regarding the ARC airbag inflators recall, contact our law firm today by completing our free, no-obligation case evaluation form.