When car accidents happen, we depend on our vehicle’s safety features such as airbags to help protect us from severe or even fatal injuries. According to the National Highway Traffic Safety Administration (NHTSA), frontal airbags have saved over 50,000 lives in the U.S. and reduced driver deaths by 29 percent in front-end crashes. A properly functioning airbag in a catastrophic vehicle collision could be a matter of life and death.
While airbags can themselves cause injury, the idea is that those injuries are less severe than injuries a person may sustain without them.
The Takata airbag recall was issued due to defect airbags that were causing severe injury and even death in car accident victims. If you were in a car accident and sustained injuries due to your airbag, there is a chance your vehicle had Takata airbags. Keep reading to find out and learn how a car accident attorney at Disparti Law Group Accident & Injury Lawyers can help.
In This Article:
- Takata Airbag Recall
- What Vehicles Have Takata Airbags?
- Common Airbag Injuries
- Who is Liable for Airbag Injuries?
- How a Car Accident Attorney Can Help
Takata Airbag Recall
Over the last several years, over 67 million airbags by major parts supplier Takata were recalled, the largest and most complex safety recall in U.S. history. These defective airbags were installed in over 34 different brands mostly in model years 2002 through 2015. High temperatures, environmental moisture, and age caused the Takata airbags to create a grenade-like explosion when deployed causing serious injuries and even death.
Critical safety issues with Takata airbags were first exposed Nov. 7, 2014 when the The New York Times published a report claiming Takata conducted secret safety tests and was aware of the dangerous defects with its airbags. They withheld this information for years before filing paperwork with federal regulators.
The NHTSA urges vehicle owners with airbags under the Takata recall to replace the frontal airbags on the driver’s and/or passenger’s side. The defect has caused over 400 injuries and 27 deaths to date and millions of Americans are still, unknowingly, driving with at-risk airbags.
What Vehicles Have Takata Airbags?
Over the years, the NHTSA has issued a “Do Not Drive Warning” for vehicles with these defective Takata airbags that are at extreme risk. Take a look in case you are currently driving one of these vehicles. If you drive one of these vehicles and have not had your airbags replaced, stop driving immediately. Bring your car to your nearest car dealership and they should replace the defective airbags for free.
Acura
- 2002-2003 Acura 3.2 TL
- 2003 Acura 3.2CL
BMW
- Certain 2000-2006 BMW 3 Series (E46) including M3
- Certain 2000-2003 BMW 5 Series (E39) including M5
- Certain 2000-2004 BMW X5s (E53)
Chrysler
- 2005-2010 Chrysler 300
Dodge
- 2005-2010 Dodge Magnum
- 2005-2010 Dodge Charger
- 2005-2010 Dodge Challenger
- 2003 Dodge Ram 1500
Ford
- Certain 2006 Ford Rangers
Honda
- 2001-2002 Honda Accord
- 2001-2002 Honda Civic
- 2002 Honda CR-V
- 2002 Honda Odyssey
- 2003 Honda Pilot
Infiniti
- 2002-2003 Infiniti QX4
Mazda
- Certain 2006 Mazda B-Series
Nissan
- 2002-2006 Nissan Sentra
- 2002-2004 Nissan Pathfinder
Pontiac
- Certain 2003-2004 Pontiac Vibes
Toyota
- Certain 2004-2005 Toyota RAV4s
- Certain 2003-2004 Corollas, including Matrix
Keep in mind that these are not the only vehicles that may use Takata airbags. If you feel some of your injuries in a recent car crash were caused by your airbag, it’s best contact an attorney who can investigate what airbags were used in your vehicle.
Common Airbag Injuries
Airbags are crucial safety features in modern vehicles, designed to save lives by preventing occupants from striking the interior of the car during a collision. However, they can also cause a range of injuries, both due to malfunction and during normal operation. Common airbag injuries include:
- Chest injuries
- facial injuries
- fractures
- burns
- traumatic brain injuries (TBI)
- ear trauma
- internal bleeding
- fetal injury
- respiratory issues
These airbag injuries may be caused by several factors, including:
Sensor Malfunctions. A malfunctioning airbag sensor can cause the airbag to deploy at the wrong time or fail to deploy during a collision, leading to severe injuries.
Chemical Exposure. The gases released during airbag deployment can exacerbate or cause respiratory issues, especially in individuals with pre-existing conditions like asthma.
Eye Injuries. The forceful deployment of an airbag can result in significant eye injuries, ranging from chemical irritation to severe trauma.
Shrapnel. In some cases, particularly with certain defective airbags, shrapnel from the propellant canister can be ejected during deployment, striking and injuring occupants.
Who is Liable for Airbag Injuries?
Injuries caused by an airbag may require extensive medical treatment and may even result in lost wages. Liability for such damages will fall on the at-fault driver, the airbag manufacturer, or both.
At-Fault Driver
Several parties may be liable for injuries caused by an airbag in a car accident. The driver that was at-fault for the accident would be liable for airbag injuries because the airbags deployed because of the collision. If you are partially at fault for the accident, don’t worry. Illinois has adopted comparative negligence which means that you can collect damages so long as you are less than 50% at fault for the accident.
However, the amount of compensation you can recover will be reduced based on that percentage. (For example: If you are 30% at fault for the accident while the other driver is 70% responsible, the insurance company may pay only 70% of your damages.)
Airbag Manufacturer
Another party that may be at fault for airbag injuries is the manufacturer of the airbag itself. In this case, that would be Takata. A defective airbag that does not deploy or deploys improperly can cause serious injuries to the victim that they might not have sustained otherwise. In this case, the manufacturer may be required to pay damages as well.
If there are several reports of injuries caused by a manufacturer’s defective airbags, the National Highway Traffic Safety Administration (NHTSA) may issue a recall to help warn drivers of their potential hazard. Recalled airbags need to be replaced immediately.
How a Car Accident Attorney Can Help
If you’ve sustained injuries from a defective Takata airbag, a car accident attorney can be crucial in helping you pursue damages. At Disparti Law Group, we know how to navigate this complex legal landscape and ensure that you get a fair chance at the compensation you’re entitled to.
Under product liability laws, you do not need to prove that the manufacturer was negligent because companies like Takata have a strict liability if their product caused harm. So to successfully claim damages for your injuries, you need to prove that the airbag was defective and that this defect directly caused your harm. This task is best done with the support of legal counsel.
Our expert team of attorneys will build your case by conducting a thorough investigation to uncover any evidence that may point to a defective Takata airbag. You may be entitled to receive additional compensation for medical expenses, lost wages, pain and suffering, and other related costs.
For a FREE case review, call us today at (312) 600-6000 and find out why thousands say… Larry wins!
