What Went Wrong With Takata Airbags?
It has been more than a decade since the National Highway Traffic Safety Administration (NHTSA) issued the first recall requests to auto manufacturers related to defective Takata airbags. But, as we now know, the issues with Takata’s airbags predate these recall requests by several years. In fact, the Takata recalls cover vehicles from as far back as the 2000 model year, and some of these vehicles remain subject to “Do Not Drive” notices from the NHTSA due to serious Takata airbag injury risks.
So, what went wrong?
Takata Prioritized Profits Over Safety
The short answer is that Takata prioritized profits over safety. Due to inadequate testing, inadequate quality control, and, in some cases, looking the other way, Takata sold more than 100 million defective airbags to auto manufacturers. These auto manufacturers then installed these airbags in their vehicles before selling them to U.S. consumers. As a result, by the time the NHTSA uncovered the issue, there were already tens of millions of vehicles equipped with defective Takata airbags driving on U.S. roads.
A massive recall effort ensued.
Even though Takata was primarily responsible, it couldn’t manage the process of replacing vehicle owners’ defective airbags (and Takata filed for bankruptcy in 2017). As a result, the NHTSA leaned on auto manufacturers to administer free airbag replacement programs. Due to the number of replacement airbags needed, demand outstripped supply, so the NHTSA orchestrated a replacement strategy that targeted the highest-risk vehicles first (those in humid areas, where Takata’s defective airbags were more likely to fail).
While this made sense, it also meant that many people had to wait years to get their airbags replaced. Of course, not driving for years isn’t an option, so many people had no choice but to drive their vehicles with defective Takata airbags installed. Unfortunately, this meant that injuries kept happening, and today, the NHTSA has blamed Takata’s defective airbags for more than 400 serious injury cases and 28 airbag-related fatalities.
Takata’s Defective Airbags Were (and Are) At Risk of Exploding
The specific issue with Takata’s airbags has to do with the propellant used in these airbags’ inflator mechanisms. When exposed to moisture, the propellant (which includes ammonium-nitrate) can explode violently rather than causing fast-but-controlled airbag deployment. This presents two separate, but equally dangerous, risks:
- Takata airbags can explode suddenly, without warning and without being triggered by a collision; and,
- Even when Takata airbags deploy due to a collision, explosions can send dangerous chemicals and shrapnel flying throughout the vehicle cabin.
There is a third risk as well: To protect drivers and passengers, airbags need to deploy quickly—in about 1/20th of a second or about the blink of an eye. But, when Takata airbags explode, they can actually deploy too fast. As a result, not only can they cause injuries by releasing dangerous chemicals and shrapnel, but they can also fail to prevent the injuries they are specifically intended to protect against.
As a result, when Takata airbags explode, drivers and passengers can suffer an extremely wide range of serious—and, in some cases, potentially fatal—injuries. Some examples of the types of injuries we have seen in Takata airbag injury cases include:
- Eye injuries (including injuries resulting in blindness)
- Facial lacerations and burns (resulting in permanent scarring and disfigurement)
- Internal bleeding
- Jaw injuries
- Lung injuries
- Myocardial contusions
- Nose injuries
- Rib injuries
- Traumatic brain injuries (TBI)
- Whiplash and other neck injuries
These injuries (among others) can leave drivers and passengers facing not only physical challenges, but psychological and emotional challenges as well. They can also have drastic effects on victims’ families. As a result, when Takata airbag injuries happen—and they will remain a concern for as long as Takata airbag-equipped vehicles remain on the road—victims and their families need to seek just compensation.
Proving a Takata Airbag Injury Claim
As awareness of the risks associated with defective Takata airbags continues to grow, we are seeing more cases in which people are coming forward with claims involving Takata airbag injuries. In these cases, there are two key things that victims and their families need to prove in order to assert their legal rights:
1. Proving that Your (or Your Loved One’s) Takata Airbag was Defective
The first thing that victims and their families need to prove is that they have a claim based on a defective Takata airbag. This involves examining the airbag itself—which means that it is important to hire an attorney to conduct an investigation as soon after the accident as possible. If your attorney can examine the airbag and confirm that both: (i) it is a Takata airbag; and, (ii) it exploded rather than deploying properly, this will set the stage for seeking just compensation.
2. Proving the Financial and Non-Financial Costs of Your (or Your Loved One’s) Takata Airbag Failure
The second thing that victims and their families need to do is prove how much they are entitled to recover. In other words, they need to prove what constitutes “just compensation” in their particular case. There is no “standard” Takata airbag injury settlement amount. Rather, every victim and family’s claim is unique to their particular circumstances.
Potential damages in Takata airbag injury cases include out-of-pocket costs, lost earnings, pain and suffering, and other financial and non-financial losses. Now that we know what went wrong with Takata airbags, when victims and families have claims, assessing their losses is one of the most complex aspects of the process. This, too, requires legal representation, and if you think you may have a claim, you will want to speak with an experienced lawyer as soon as possible.
We Represent Victims and Families in Takata Airbag Injury Cases Nationwide
Do you have a Takata airbag injury claim? We represent victims and families in Takata airbag injury cases nationwide. We can explain everything you need to know, and if you have a claim, we can fight to recover just compensation on your behalf. To learn more in a free and confidential consultation, call 866-247-2247 or request an appointment online today.