NHTSA Confirms Concerns About ARC Airbags: 2024 Update

Oct 28, 2024Defect-Related Injuries

In September 2023, the National Highway Traffic Safety Administration (NHTSA) issued an Initial Decision in which it concluded that defective airbags manufactured by ARC present risks for serious injuries. As a result of its Initial Decision, the NHTSA requested that ARC recall approximately 51 million airbags manufactured and sold to U.S. vehicle purchasers between 2000 and 2018.

However, ARC resisted the NHTSA’s request, and several major auto manufacturers joined ARC in arguing that a nationwide recall was unnecessary. This led the NHTSA to examine the issue further, and earlier this year, it confirmed that ARC airbags can be dangerous for drivers and passengers.

What the NHTSA Said About ARC Airbags in 2024

What exactly did the NHTSA say about ARC airbags in 2024? Here is an excerpt from the NHTSA’s Supplemental Initial Decision issued on July 31:

“NHTSA is confirming its initial decision that certain frontal driver and passenger air bag inflators manufactured by ARC Automotive Inc. and Delphi Automotive Systems LLC, and vehicles in which those inflators were installed, contain a defect related to motor vehicle safety. . . .

“These airbag inflators are at risk of rupturing when the vehicle’s airbag is commanded to deploy, causing metal debris to be forcefully ejected into the occupant compartment of the vehicle. A rupturing air bag inflator poses an unreasonable risk of serious injury or death to vehicle occupants. At least seven people have been injured and one person has been killed by these rupturing air bag inflators within the United States.”

The NHTSA’s Supplemental Initial Decision lists 13 auto manufacturers that sold vehicles in the United States equipped with ARC’s allegedly defective airbags. According to the agency, approximately 49 million vehicles sold in the U.S. by the following manufacturers between 2000 and 2018 may contain airbags that present risks for serious or fatal injuries:

BMW
Fiat Chrysler Automobiles (FCA)
Ford
General Motors (GM)
Hyundai
Jaguar Land Rover (JLR)
Kia
Maserati
Mercedes-Benz
Porsche
Tesla
Toyota
Volkswagen

Notably, while some of these manufacturers are also covered under the longstanding Takata airbag recall, some of them are not. Collectively, the NHTSA’s recall request to ARC and the Takata airbag recall cover more than 115 million vehicles sold by close to two dozen auto manufacturers, and they cover several dozen makes and models sold in the U.S. over a period of about 20 years.

The Issue with ARC Airbag Inflators (According to the NHTSA)

Similar to the issue that triggered the massive Takata airbag recall, the issue with ARC’s airbags (according to the NHTSA) has to do with the inflator mechanisms installed in these airbags. As the NHTSA explains in greater detail:

“[The NHTSA’s] investigation . . . connects [ARC airbag] ruptures to the friction welding process, which has created, in some instances, blockage material, including excessive weld flash, and, in others, insufficient friction weld bonds. Upon airbag deployment, any loose debris in the center support, including weld flash, can block the exit orifice, causing over-pressurization and rupture. Additionally, friction welds with insufficient bonds have also led to inflator ruptures.”

As the NHTSA goes on to explain, “[w]hen an inflator ruptures, shrapnel or metal fragments from the inflator are forcefully propelled through the airbag cushion and into the occupant compartment;” and, unless ARC and auto manufacturers comply with the NHTSA’s recall request, “[a]dditional inflator ruptures are expected to occur in the future, risking more serious injuries and deaths.”

Despite the NHTSA’s evidence, ARC and auto manufacturers are still refusing to comply. As of yet, ARC is yet to issue a recall, and auto manufacturers are continuing to support the company’s decision—apparently taking the position that the risk is not substantial enough to warrant the financial costs of administering a nationwide recall.

What if You (or Someone You Love) Has Been Harmed By an ARC Airbag?

So, what does all of this mean for you if you (or someone you love) has been harmed by an ARC airbag?

The first thing you need to know is that ARC’s refusal to issue a nationwide recall has no impact on your legal rights—none whatsoever. A recall is not necessary to file an airbag injury lawsuit against ARC or your vehicle’s manufacturer. If an airbag is defective—and the NHTSA has clearly taken the position that tens of millions of ARC airbags sold between 2000 and 2018 are defective—you can file a lawsuit regardless of whether the manufacturer has acknowledged its responsibility.

The next thing you need to know is that filing an airbag injury lawsuit requires experienced legal representation. Even if you are clearly entitled to just compensation for your financial and non-financial losses, you will need an experienced attorney to help you seek the compensation you deserve. As noted above, ARC and the auto manufacturers that installed ARC airbags in their vehicles are currently disputing the NHTSA’s findings (at least publicly), so it will take an experienced lawyer to prove that you are entitled to a settlement or verdict.

But, while asserting your legal rights may be challenging, this should not deter you from coming forward. Along with the right to just compensation, victims and their families also have the right to access the corporate records and other documentation they need to prove their legal rights. We anticipate that numerous individuals and families will file ARC airbag lawsuits in the next couple of years, and those who come forward quickly will have the best chance of proving that their financial and non-financial losses are the result of an ARC airbag defect.

Experienced Lawyers for Victims of Defective Airbags Nationwide

Our practice is devoted to representing victims of defective airbags and their families. If you have a claim related to an ARC airbag inflator malfunction, we are prepared to fight for the financial compensation you deserve. Our legal representation costs nothing out-of-pocket, and you pay nothing at all unless we win. To discuss your case with an experienced lawyer for free, call 866-247-2247 or tell us how we can contact you online now.