Part One – AIRBAG INJURY CLAIMS “Everything You Need to Know in 2 Minutes”
Part Two – History of Takata Airbag Problems
Part Three – General Information & Video Links (INCLUDING OUR OWN VIDEO!)
[Ed. Note – Post Updated May, 2019]
SPECIAL URGENT SAFETY ALERT 2019 – “Alpha Airbags”
The National Highway Traffic Safety Administration has identified certain vehicles at extreme risk for a catastrophic airbag explosion. Vehicles with so-called Alpha airbags may explode at any moment. These vehicles have been identified as certain 2001-2003 Honda and Acura vehicles, 2006 Ford Ranger, and Mazda B-Series trucks. If you are driving one of these vehicles and have not had the airbag recall work done, park the vehicle immediately. They are that dangerous. You are risk of serious catastrophic injury or death. [As of June 2018, there are still an estimated 25,000 vehicles still on the road with Alpha airbags.]
AIRBAG INJURY LAWYERS (Part One)
Defective Takata airbags are suspected in at least 24 fatalities and well over 240 injuries. Defective TRW airbags are suspected in 8 deaths.
Airbags are supposed to save lives, not cause death, blindness and and horrific injuries We believe that airbag injury figure is actually much higher. Many people injured in automobile accidents are simply unaware that their injuries may be the result of a defective airbag! Insurance companies and police agencies normally don’t collect this data so accurate statistics are difficult.
We have signed up many clients who have experienced problems with automobiles equipped with Takata airbags. To date we have spoken with hundreds of car owners. Sadly, some have shared gruesome stories of catastrophic airbag injuries caused either by airbags that didn’t deploy or airbags that exploded so violently that the metal canister holding the airbag turned into a grenade. If you were hurt by a defective airbag, call one of our airbag injury lawyers today
Over 65 million cars with Takata airbags have been recalled. So far in 2018, another 3.3 million cars with Takata have been recalled. And the government says even more cars will be recalled in 2019. Add another 12.3 million vehicles equipped with questionable TRW airbags and it is amazing to think just how many people are driving cars with bad airbags.
With over a billion dollars in claims and fines, Takata folded and filed for bankruptcy protection in 2017. Suing them for injuries or a wrongful death may not net much, especially since the company closed its doors. You can file a claim against them but be prepared to only collect pennies on the dollar. The good news is that the car makers themselves can be held liable in many cases, especially in newer vehicles. (TRW Automotive is today owned by ZF Friedrichshafen also known as ZF – TRW. That company is still operational and solvent.)
MahanyLaw & Airbag Injuries
We originally became involved in airbag cases after hearing from VW owners who suddenly found their cars had dropped significantly in value. Between faulty emissions and airbags that may kill you, the resale value of a VW isn’t what it should be.
We and our class action partners filed a novel lawsuit against VW and Audi. Instead of following the herd and fighting over the crumbs left behind by Takata, we are going after the car companies. We say that they knew for years that Takata airbags were defective yet continued to install them. Companies like VW were still installing Takata airbags in 2017 even after years of horror stories!
Why? Profits! Because car companies like VW can make a bigger profit by using cheaper airbags.
Since that time, we have expanded our investigation and lawsuits to the other major auto manufacturers
The class case os moving forward but that doesn’t help drivers and passengers hurt by defective airbags. Injury claims are separate and distinct from the class cases and require individual representation.
Whether or not your car is subject to a recall, if you suffered catastrophic injuries because of a defective airbag, we can help. Simply because your car hasn’t been recalled doesn’t mean your airbags won’t malfunction.
Class Actions and Personal Injuries – Not a Good Fit!
For most people with Takata or TRW equipped automobiles and trucks, their damages are primarily inconvenience and lower resale value. Your automobile probably has a lower resale value if the airbags have not been replaced and many people are too afraid to drive their vehicles or will drive but not with children on board. While most car companies say their cases are safe, the government has been saying otherwise. (See section four below.)
Thankfully only a small percentage of passengers in Takata or TRW airbag equipped cars have been injured or killed. The bad news is that when an airbag malfunctions, the resulting injuries are often horrific.
Our class action cases and those by lawyers representing the owners of other Takata and TRW equipped cars (Honda, Toyota, etc.) are great if your damages are limited to lower resale value or the inconvenience associated with not being able to drive your car. If you suffered serious injuries, however, keep reading
Suing an auto manufacturer can cost hundreds of thousands of dollars or even millions. The car companies have deep pockets, but most car owners do not. It just isn’t economically feasible for individual car owners to sue GM or Ford. Especially if your damages are a few hundred or thousand dollars.
But if you are injured or a loved died because of a defective airbag, the rules are different. If your car was equipped with a defective airbag and you suffered catastrophic injuries, permanent disfigurement or if someone you loved was killed as a result of defective airbags, you have important legal rights.
If we are describing you, call us immediately. The time to sue is often quite short.
What Are the Most Common Injuries from a Defective Airbag?
Takata airbag injuries occur when the bag fails to inflate or when it inflates with such explosive force that the metal airbag canister can disintegrate causing jagged shrapnel into the face, eyes, neck and torso of the driver.
The airbags subject to the Takata recall are known to explode in certain cases and sometimes with deadly results. The fault has been traced to defective propellant that over time becomes unstable, especially in hot, humid climates.
In certain TRW equipped cars, the TRW made computer module that controls the airbags also controls the “automatic” tensioning seatbelts. If the airbag doesn’t deploy then the sealtbelt system may fail as well causing horrible blunt force trauma injuries, flail chest wounds from contact with the steering column and facial / head injuries from front seat passengers striking the windshield.
Airbag systems are made of many components including sensors (to know when the vehicle has been in an accident), wiring harness, control modules (the problem with TRW airbags is the mini computer that reads the data and sends a signal to deploy the airbags), an actuator, canister, propellant (one of the main problems with Takata airbags) and the bag itself.
With so many parts to an airbag system, if any one fails the airbags may not inflate. Whether or not your car was recalled doesn’t mean you can’t receive compensation if your airbags malfunction.
Mahany Law – Airbag Injury Lawyers
If you or someone you love has been killed, disfigured or seriously injured in an accident involving a vehicle containing a defective airbag and you believe that those injuries were caused of a defect in the airbag, you have legal rights. Contact the defective airbag injury lawyers at MahanyLaw today.
We can be reached online, by email () or by phone (414) 704-6731.
Can’t a Local Personal Injury Lawyer Help Me?
We have nothing against personal injury lawyer. For the normal car accident case, a good personal injury lawyer is probably all you need. Defective airbag injury cases are not “normal,” however. They are what lawyers call a “products liability” case. In the case of a defective airbag causing injury, your case could involve filing a lawsuit against the other driver or person at fault in the accident, filing a bankruptcy claim against the airbag manufacturer (if Takata) and filing a lawsuit against the auto maker and makers of any defective components for knowingly using defective parts.
As noted above, airbag injury cases are extremely expensive to prosecute. They often involve expert witnesses and representatives from the car manufacturer, some of whom may not even be in the United States. If you are suffering a catastrophic airbag injury injury, contact us immediately. You need experienced airbag injury lawyers
What Cars are Affected by the Recall? (Cars with Defective Takata Airbags)
(The list of vehicles with defective TRW airbags follows)
Please note, this lists changes constantly. Always check with your auto manufacturer, a dealer or the NHTSA recall website.
|Audi||RS 4 Cabriolet||2008|
|Audi||RS 4 Sedan||2007-2008|
|BMW||3 Series Sedan||2000-2011|
|BMW||3 Series Wagon||2000-2012|
|BMW||3 Series Coupe & Convertible||2002-2013|
|BMW||M3 Coupe & Convertible||2001-2013|
|BMW||1 Series Coupe & Convertible||2008-2013|
|Dodge/Ram||Ram 1500/2500/3500 Pickup||2003-2008|
|Dodge/Ram||Ram 2500 Pickup||2005-2009|
|Dodge/Ram||Ram 3500 Cab Chassis||2007-2010|
|Dodge/Ram||Ram 3500 Pickup||2006-2009|
|Dodge/Ram||Ram 4500/5500 Cab Chassis||2008-2010|
|Ferrari||458 Speciale A||2015|
|Fisker (Karma)||Fisker Karma||2012|
|Land Rover||Range Rover||2007-2012|
|Mercedes-Benz||C-Class (excl. C55 AMG)||2005-2014|
|Mercedes-Benz||E Class Cabrio||2011-2017|
|Mercedes-Benz||E Class Coupe||2010-2017|
|Subaru||Impreza (incl. WRX/STI)||2004-2011|
|Toyota||Yaris Hatch Back||2006-2011|
Defective TRW Airbag
2010 Chrysler Sebring (recalled)
2011 through 2014 Chrysler 200 (recalled)
2010 through 2012 Dodge Caliber (recalled)
2010 through 2014 Dodge Avenger (recalled)
2010 through 2014 Jeep Patriot and Compass (recalled)
2012 and 2013 Lancia Flavia (recalled)
Acura RLX 2014-2019
Acura RLX Hybrid 2014-2019
Acura TL 2012-2014
Acura TLX 2015-2017
Acura TSX 2012-2014
Acura TSX Sport Wagon 2014
Acura TSX Sportswagon 2012-2013
Dodge Nitro 2010-2011
Dodge Ram 1500 2009
Dodge Ram 3500 2010
Fiat 500 2012-2019
Honda Accord 2013-2015
Honda Accord Hybrid 2014-2015
Honda Civic 2012-2015
Honda Civic GX 2012-2015
Honda Civic Hybrid 2012-2015
Honda Civic SI 2012-2015
Honda CR-V 2012-2016
Honda Fit 2012-2017
Honda Fit EV 2013-2014
Honda Ridgeline 2012-2014
Hyundai Sonata 2013-2019 (Hyundai recalled 2011 -2013)
Hyundai Sonata Hybrid 2013-2019 (Hyundai recalled 2011 and 2012 hybrids)
Jeep Compass 2015-2017
Jeep Liberty 2010-2012
Jeep Patriot 2015-2017
Jeep Wrangler 2010-2018
Kia Forte 2010 – 2013 (recalled by Kia)
Kia Forte KOUP 2013
Kia Optima 2013-2019 (Kia recalled 2011 – 2013 Optimas)
Kia Optima Hybrid 2012-2016 (Kia recalled 2011 and 2012)
Kia Sedona 2014 (Kia recalled 2011 and 2012)
Mitsubishi Lancer 2013-2017
Mitsubishi Lancer Evolution 2013-2015
Mitsubishi Lancer Ralliart 2014-2015
Mitsubishi Lancer Sportback 2013-2016
Mitsubishi Outlander 2013
Ram 1500 2009-2012
Ram 2500 2010-2012
Ram 3500 2010-2012
Ram 4500 2011-2012
Ram 5500 2011-2012
Toyota Avalon 2012-2018
Toyota Avalon Hybrid 2013-2018
Toyota Corolla 2011-2019
Toyota Corolla IM 2017-2018
Toyota Corolla Matrix 2011-2013
Toyota Sequoia 2012-2017
Toyota Tacoma 2012-2019
Toyota Tundra 2012-2017
As of this writing, there is no official recall from the government although many car companies have begun their own recalls. We urge people with TRW equipped airbags to check the NHTSA recall website AND contact your dealer.
Do not wait for a recall notice as often car companies have lost touch with customers, especially those who have moved or who get their vehicle serviced by someone other than a dealer.
Remember if you or a loved one were killed or injured and you believe the injury was the result of a defective airbag, call us immediately. The time to sue is very limited and depends on where the accident occurred. Our Airbag Injury Lawyers can help you decide if you have a case.
Airbag Injury Lawyers Claim Center
If you or a loved one has died or was disfigured or seriously injured in an accident involving a vehicle containing a defective airbag, a recalled Takata airbag or recalled TRW airbag, and you believe that those injuries were caused by the airbag, you have legal rights. Contact the airbag injury lawyers at MahanyLaw today. (Our practice is limited to serious and catastrophic injuries and deaths.)
We can be reached online, by email () or by phone (414) 704-6731.
Who Is Responsible for my Airbag Injury? The Maker of the Airbag (Takata / TRW) or the Auto Maker?
The answer is both! Collecting from Takata, however, may be difficult because the company is in bankruptcy and out of business. It’s not just airbag injury victims and their families that are suing, the car makers and government are all seeking hundreds of millions of dollars from them as well. Everyone is competing for the small pot of money left after the bankruptcy sale.
Claims against Takata include:
- Failure to alert the public about the defective airbags
- Failing to alert the NHTSA and other regulators
- Designing unsafe and dangerous airbags
- Manufacturing and selling defective airbags
- Improper design of the airbag
- Using a notoriously unstable and explosive accelerant in the airbag
- Concealing the problem even after their engineers knew of the dangers
Unlike some lawyers advertising for airbag injury cases, we are already pursuing several automakers for knowingly using defective airbags in their vehicles.
Claims against the automakers include:
- Failure to alert the public about the defective airbags
- Failing to alert the NHTSA and other regulators
- Using unsafe and dangerous Takata / TRW airbags in their automobiles
- Continuing to use dangerous Takata / TRW airbags even after learning of the defects
- Concealing the problem even after their engineers knew of the dangers
- Downplaying the dangers to the public
- Failure to produce timely replacements for defective airbags
- Unnecessary delays in replacing the defective airbags
- Breaching their duties to consumers by selling cars with airbags known to cause death and catastrophic injuries
According to our research, as many as 39 vehicles with REPLACEMENT TRW airbags subsequently had those airbags fail to deploy as well.
What Kind of Damages Can I Claim as a Result of an Airbag Injury?
The amount and types of damages varies somewhat state by state. As a general rule, those injured because of defective Takata airbags can seek damages for:
- Bodily injury
- Hearing loss
- Pain and suffering
- Lost Work or ability to work
- Mental anguish
- Loss of enjoyment of life
- Medical bills
- Vehicle damage
- Punitive damages
If you were injured by a defective airbag, contact our team of airbag injury lawyers today! We can be reached online, by email () or by phone (414) 704-6731.
June 2018 Takata Update:
In July of 2017, a federal judge in Detroit appointed Harvard Law School professor Eric Green to oversee the victim’s restitution fund created in the criminal case against Takata. Professor Green was also appointed by the U.S. Bankruptcy Court to oversee a fund created when Takata sold it’s airbag business. Although that sale netted $975 million, only $265 million was earmarked for injury and wrongful death victims hurt by the defective airbags.
This week Eric Green submitted his plan to the court. Only claims resulting from the injuries or death from Takata’s air bag inflator defect will be eligible for reimbursement. “Claims related to injuries or wrongful death caused by other air bag components — such as air bag failure to deploy, spontaneous air bag deployment, crash injuries unrelated to the inflator, or economic losses unrelated to physical injuries or death — are not covered…”
The court’s ruling doesn’t mean you can’t sue if you were injured because of some other airbag failure, it simply means you can’t collect from the money set aside by the court after the bankruptcy sale. As we noted earlier, the auto manufacturers may still be liable for your Takata airbag injuries. And unlike Takata, they are still in business and have deep pockets.
The creation of a fund from the sale of Takata’s airbag business was anticipated and welcomed. No one is exactly how much each victim will receive.
If you are hurt by an exploding or defective airbag, remember to preserve the vehicle and contact us immediately.
HISTORY of TAKATA and TRW AIRBAG PROBLEMS (Part TWO)
(TRW Airbag Injury Victim? The TRW problems were just escalated by the government in late April of 2019. The TRW information is therefore not as robust and follows our Takata information, just keep scrolling for more details.)
General Information on Takata Airbags, the Recall and Defective Takata Airbag Injuries
This section details the history of Takata’s airbag problems and what is being done to get these dangerous products off the streets.
We urge you to send a link of this page to friends and loved ones. (takata-airbag-vw-audi-volkswagen-compensation). Don’t worry about the URL, this post has been updated continuously and now covers all vehicles with defective airbags.
The major automakers and the National Highway Transportation Safety Administration (NHTSA) have recalled tens of millions of cars equipped with airbags made by Takata. The recall is taking place because Takata airbags found in the front of vehicles can explode. Both driver and front passenger airbags are affected. The explosions can kill both the driver and passengers. Some of the explosions have caused horrific injuries such a facial scars, hearing loss and blindness.
Regulators say the airbag inflator is the cause of the problem. The inflator is a metal cartridge loaded with propellant. When activated, the inflator is supposed to detonate and rapidly cause the airbag to inflate. Some airbags have exploded with such force, however, that the metal tube holding the propellant has ruptured causing metal shards to fly through the car’s interior.
Instead of inflating the life-saving airbag, the inflator acts like a hand grenade. Metal shrapnel is sent flying through the car’s interior and often strikes passengers in the face.
Takata airbags use ammonium nitrate as a propellant. This is the same chemical compound often used by bomb makers. [Readers may recall the Oklahoma City bombing in 1968 that killed 168 people at the Murrah Federal Building. The bombers, Timothy McVeigh and Terry Nichols used ammonium nitrate.]
If made properly, Takata’s system should activate with just enough force to deploy the airbag. Regulators believe, however, that the airbags lack a required drying agent or enough of the drying agent. That defect can cause the airbag inflator to deploy with too much force. Environmental factors such as high heat and humidity can dramatically increase the risk of disaster.
Whether or not you own one of the recalled vehicles, we urge you to keep reading. Some recalled models are more likely to explode, and some geographic areas are at greater risk. To date, 20 people are believed to have been killed by defective Takata airbags and dozens more have received grizzly and horrific injuries. Some 65 million cars are believed to be affected by the recall.
In June of 2017, Takata filed bankruptcy. The company has already resolved criminal charges and owes the government $850 million in fines. The company also faces many lawsuits from both automakers, injured victims and the families of people killed by Takata airbags. The company does not have enough money to pay the claims against it, however, we believe the auto manufacturers who used these airbags in new vehicles despite the known risks are responsible for damage and injury claims.
Our class action investigation centers on what Audi, Cadillac, Chevrolet, Chrysler, Dodge, GMC, Jeep, Mercedes and Volkswagen (VW) knew about the defective airbags and why these companies took so long in recalling vehicles containing these deadly time bombs. We are especially concerned with Audi, Jeep, Mercedes and Volkswagen. These companies continued installing Takata airbags despite years of recalls and knowledge of horrific injuries and death.
Our Takata airbag personal injury / death / products liability claims team are looking at individual cases where defective airbags either failed to deploy or deployed with such force as to cause horrific injuries. Unlike the class case which focuses on specific makes and models, our injury cases can involve any vehicle containing a recalled airbag. We also are interested in cases where an airbag failed to deploy.
DON’T RISK INJURY OR DEATH – CHECK IF YOUR VEHICLE IS AFFECTED
Is Your Car Subject to a Recall? Check the NHTSA recall database. TRW Airbag equipped vehicle? Check with your auto maker or dealer.
The Takata Airbag Recall
We are shocked and dismayed by the long delays in both identifying cars for recall and then in the subsequent replacement of the defective Takata airbags. Some companies such as Volkswagen did not even announce the most recent recalls until June 19th, 2017. More recalls were announced in January 2018 and continue even in 2019. This is despite over a decade of knowledge about the dangers of airbags containing ammonium nitrate… airbags manufactured by Takata.
To put that date in context, the first recall began on November 4, 2008 when Honda recalled 4000 vehicles with Takata airbags. Several months later, an Oklahoma teen, Ashley Parham, died from a Takata airbag injury after her 2001 Honda Accord exploded sending metal shards into her face and neck.
Although Takata and Honda denied any liability, both companies settled. That settlement remains sealed, meaning that the companies did not disclose what they paid to avoid trial and negative publicity.
Several months later, a woman in Virginia died when a fender bender caused her airbag to explode. Like Ashley Parham, the woman died when metal shrapnel from the Takata airbag actuator severed arteries in her neck. That case was settled for $43 million.
Even before the first recall in 2008, there is evidence that both car makers and Takata knew that the airbags were defective and could act like grenades.
A full timeline appears in Section four below and is certainly worth reading. It documents how the automakers knew for years that there were problems with Takata airbags yet kept using them in their vehicles. Why? We believe that the car companies were more interested in profits than driver / passenger safety.
It seems for some companies, the cost of an occasional death is less than he cost of replacing airbags on millions of vehicles or using more expensive (but safer) airbag systems. Now the government is forcing car makers to replace Takata airbags but how many people will die or be maimed because of the delay? Even in 2019, there are still millions of vehicles that have yet to be repaired.
While there is evidence that knowledge of the dangerous airbags existed all the way back to 2002, All of the major car companies waited years before recalling vehicles. Many of these same companies quietly continued installing Takata airbags even though millions of other vehicles were being recalled. Volkswagen didn’t announce the most recent recall until June of 2017.
Countless injuries could have been averted and lives saved if the automakers acted immediately.
In our opinion, the reaction by the big automakers to the Takata airbag injury crisis is “a day late and a dollar short.” We say a “day late” because the companies should have acted many years ago. They are a “dollar short” because despite having years of notice, they still do not have parts to fix every vehicle, still sold cars with dangerous airbags and often refuse to help auto owners with expenses involved in the recall.
While some automakers are telling their customers not to drive cars with Takata airbags, these companies have been sending mixed messages about the safety of their vehicles. Despite very specific warnings from the National Highway Transportation Safety Administration, some automakers just pay lip service to the recall and the safety risks associated with effective vehicles.
VW has sends mixed messages about what affected vehicle owners should do.
BMW tells customers to avoid driving affected cars. Honda has offered some customers loaner cars. VW and Audi? They tell their customers to suggest customers should follow NHTSA guidance but then won’t offer financial assistance or loaner vehicles.
Mercedes’ website tells customers,
“Can I get a loaner vehicle or alternate transportation until the parts are ready?”“
Their answer is, “This recall was launched as a precautionary measure. We have had no incidents with our vehicles and there is no reason to stop driving your vehicle.”
“I’m willing to stay in my car but what is Mercedes-Benz going to do for me given this inconvenience?”
Mercedes answers by saying, “We will attempt to minimize any inconvenience and will inform the vehicle owners when parts are available.”
Chrysler, Dodge and Jeep doesn’t even address the issue except to see that replacement parts are being ordered.
Am I In Danger of a Takata Airbag Injury?
YES! If you haven’t replaced your airbag and your car is on the government’s list, you are in danger. Twenty four people have reportedly been killed because of reportedly defective Takata airbags. There have been dozens of injuries, some of which are horrific.
As bad as those statistics seem, the National Highway Transportation Safety Administration says that airbags have saved tens of thousands of lives. That means you probably shouldn’t disconnect your airbags while awaiting new parts.
The vehicles most at risk are those with the so-called “Alpha” airbags made by Takata. These are 2001-2003 Honda and Acura vehicles and 2006 Ford Ranger and Mazda B-Series trucks. if you have one of these vehicles and the airbags have not been replaced. Park the vehicle and contact a dealer immediately.
Depending on where you live or where the vehicle was garaged also has a major impact on your risk of an airbag injury. More on that below.
What makes this case so concerning to us is that Takata reportedly knew that the airbags they were supplying to auto manufacturers had a latent safety defect. They knew about the defect for years but remained silent. Takata pleaded guilty in February of 2017 to criminal charges surrounding their concealment of the airbag defects.
The debate now centers on what the auto manufacturers knew about Takata airbags. Our Takata airbag injury claims center on the knowledge possessed by Audi, Cadillac, Chevrolet, Chrysler, Dodge, Ford, GMC, Honda, Jeep, Mercedes , Subaru, Toyota, Volkswagen (VW) and other car companies. Why did they delay so long in recalling millions of vehicles?
Special Warning for Owners in Certain States
Owners of vehicles with Takata airbags face much higher risk if they drive their vehicles in high heat and high humidity areas. Because scientists believe that the Takata airbag actuator systems in these vehicles lack proper drying agents, high heat and high humidity can cause the propellant in the actuator to degrade. That leads to deadly explosions.
Owners of the listed vehicles in Florida, Louisiana, Puerto Rico, Hawaii, Mississippi and similar states face higher risks. The NHSTA has measured the risk owners face by zone. Vehicles primarily kept or driven in Zone A are most at risk while those in Zone C have the least risk.
Don’t think that simply because your vehicle is in Zone B or C means that you are not at risk.
There have been horrific injuries and Takata airbag failures in all zones.
Zone A: Alabama, California, Florida, Georgia, Hawaii, Louisiana, Mississippi, South Carolina, Texas, Puerto Rico, American Samoa, Guam, and the U.S. Virgin Islands.
Zone B: Arizona, Arkansas, Delaware, District of Columbia, Illinois, Indiana, Kansas, Kentucky, Maryland, Missouri, Nebraska, Nevada, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Pennsylvania, Tennessee, Virginia, and West Virginia.
Zone C: Alaska, Colorado, Connecticut, Idaho, Iowa, Maine, Massachusetts, Michigan, Minnesota, Montana, New Hampshire, New York, North Dakota, Oregon, Rhode Island, South Dakota, Utah, Vermont, Washington, Wisconsin, and Wyoming.
I Have a Vehicle with Takata Airbag, What Should I do?
First, look at the list of recalled vehicles. We have printed the list in section one above but caution readers to always check your automaker and the NHTSA. The history of the Takata airbag crisis is such that the recall is being constantly expanded. Also, typos may occur. Despite our displeasure with the car companies’ recall process, they have the most up-to-date information on which vehicles require repairs.
If the recall in your vehicle only affects the front passenger airbag, don’t let anyone sit there. Remember, however, that defective Takata airbags can act as grenades. Keeping people out of the front passenger seat is only a partial solution.
If the driver’s airbag or both front airbags are subject to the Takata recall, consider the following:
- Obtain a loaner car from a dealer.
- Don’t drive
- Minimize driving.
- Use public transportation / taxis / ride sharing services (Lyft, Uber).
- Rent a car.
The National Highway Transportation Safety Administration says this:
“If you feel uncomfortable continuing to drive your vehicle before the recall repair has been performed on your vehicle, you should contact your dealer and ask for a loaner until an interim or a final repair is completed.”
Despite the direct guidance of the NHTSA saying that concerned drivers should seek a loaner car, VW says :
Is a loaner vehicle being provided while Volkswagen waits for parts to become available for the Takata recall?
ANSWER: Volkswagen does not have an alternate transportation program.
We understand that these options are quite expensive. Our position is that all the car companies that used Takata airbags including Audi, BMW, Cadillac, Chevrolet, Chrysler, Dodge, Ford, GMC, Honda, Jeep, Mazda, Mercedes, Nissan, Subaru, Toyota and Volkswagen (VW) are responsible for the cost of these inconveniences. Both companies are knowingly allowing their customers to drive automobiles that could explode without warning and kill or maim everyone in the vehicle.
IF YOU HAVE ONE OF THE VEHICLES LISTED BELOW, YOU MAY BE ENTITLED TO COMPENSATION. There have been class action claims filed against the car companies for the loss of value and inconvenience associated with owning a Takata airbag equipped vehicle. (We have filed several of those claims.) You cn also secure your own attorney but proceeding alone can be quite expensive.
Remember, if you or a loved one died or suffered a catastrophic Takata airbag injury, see the important information below. We want to help you. Contact us by email at , by phone at 414-704-6731 or with the online form below.
TRW AIRBAG INVESTIGATION
Officially, the National Highway Traffic Safety Investigation has not yet ordered any recalls of TRW equipped vehicles. But they have opened an investigation. (Some manufacturers have already begun recalling cars.)
We believe there have been at least eight deaths caused by TRW airbags, four in Hyundai and Kia vehicles, three in in FCA (Fiat Chrysler) vehicles and one involving a Toyota Corolla. The government notes one fatality.
This is the most recent information from the NHTSA:
Manufacturer: Kia Motors America, Chrysler (FCA US LLC), Mitsubishi Motors North America, Inc., Hyundai Motor America, TRW Automotive Inc, Honda (American Honda Motor Co.), Toyota Motor Corporation
Products: Various model year 2010 to 2019 vehicles with TRW-ZF air bag control unit
Population: 12,300,000 (Estimated)
Problem Description: Certain FCA, Honda, Hyundai, Kia, Mitsubishi and Toyota vehicles are equipped with an air bag control unit produced by TRW (ZF), which could fail during a crash event resulting in non-deployment of air bags and seat belt pretensioners. These control units may suffer electrical overstress due to harmful signals (electrical transients) produced by the crash event, causing the unit to stop working during the crash.
Did You Suffer an Airbag Injury?
NOTE: If you were injured by an exploding or defective airbag, you have special rights. A class action lawsuit is probably not right for you. The period for filing a claim for injuries varies from state to state and in some states, can be quite short.
People injured by exploding or defective airbags should contact us immediately. Make sure that you indicate on the submission form that you are an airbag injury victim. You can also call us directly. Attorney Brian Mahany can be reached at (414) 704-6731 or by email at .
Please, with tens of millions of cars subject to recall, we can’t speak to everyone by telephone. Please only call if you were injured by an airbag. We regret that we simply can’t return your call on non-injury phone inquiries.
Our class cases have been filed. We are no longer investigating the class action claims. We continue to accept new airbag injury claims, however. Remember if you suffered a catastrophic airbag injury, we can help no matter who made the airbag or whether or not it was subject to a recall.
If you wish to learn if your car is the subject of a recall, always check with the manufacturer and the government’s recall site. And remember, if you or a loved one were killed or suffered a catastrophic airbag injury, we will consider the case no matter who manufactured the car or truck.)
MORE INFORMATION ABOUT TAKATA AIRBAG INJURY CLAIMS and RECALL (Part Three)
This section contains important information of general interest to automobile owners / lessees and anyone wanting more information about the airbag injury crisis. There are several interesting videos attached, including one that shows the explosive potential of a Takata airbag.
- Takata Recall Timeline
- Special Warning for ACURA, HONDA, FORD & MAZDA Owners
- What Does the Takata Bankruptcy Mean for Victims / Owners of Takata Airbag Equipped Vehicles?
- Prior Class Action Case Against Toyota, Subaru, Mazda and BMW
- YouTube News Footage of Takata Airbag Injury Incidents
Takata Recall Timeline
As early as 2002, Takata engineers knew that the defect rate in certain of their airbags were 6 to 8 times the company’s acceptable limits. Despite knowing of the dangers, Reuters reports that the company failed to notify the car makers, regulators or motorists.
Takata allegedly runs secret tests after an airbag failed in Alabama, spewing shrapnel at the driver. The New York Times revealed the tests in 2014 and said the results “startled” engineers. Instead of reporting the problem to the government, automakers and the public, the company “ordered the lab technicians to delete the testing data from their computers and dispose of the airbag inflaters in the trash.”
July 6 “Happy Manipulating!!!” A Takata airbag engineer, Bob Schubert, writes an internal email that says, “Happy Manipulating!!!” The email references airbag safety test results. In another email he talks about methods of “dressing” up bad test data. The emails surface during a subsequent personal injury suit years later and are published by the New York Times in 2016.
Nov. 4 First of Takata airbag recalls begins. Honda recalls 4,000 2001 Accords and Civics (2001 models) after finding that Takata airbag actuators can explode and spray metal shards into the passenger compartment of the car.
May 27 An 18-year-old Oklahoma teen, Ashley Parham, died just days after her high school graduation. She died after the Takata air bag in her 2001 Honda Accord exploded.
Although settling confidentially with the family, Honda admitted no wrongdoing in the case. In a statement, the company said, “Our deepest condolences to the Parham family for their great loss. In any vehicle accident, it is important that a full investigation be completed before attempting to theorize the exact causes of damage or injuries. It is too early in this process to draw any conclusions.”
Dec. 24 Gurjit Rathore is killed in Virginia when the air bag in a 2001 Accord exploded. The accident was minor. Honda and Takata settled four years later for $3 million.
Feb. 9 Honda expands Takata related airbag recall.
April 27 Honda and Acura recall 896,000 cars. The recall was for Takata airbags installed as replacement parts!
Dec. 1 Honda expands recall again.
April 11 Toyota Motor, Honda, Nissan and Mazda recall a combined total of 3.4 million vehicles with Takata air bags.
May 7 BMW recalls vehicles with Takata airbags.
Sept. 3 Devin Xu dies after the airbag in his Acura exploded in a Los Angeles parking lot. The coroner says the cause of death was “apparent facial trauma due to foreign object inside air bag.”
June 11 Toyota recalls a total of 2.27 million vehicles with Takata airbags.
June 11 The National Highway Traffic Safety Administration opens investigation, examining whether high heat, high humidity regions contributes to the risk of Takata airbag explosions. Takata continues to deny any defects.
June 23 – Honda, Nissan and Mazda recall 2.95 million vehicles. Total recall now over 10 million vehicles.
July 16 BMW expands Takata recall.
Oct. 2 Orlando woman dies after her 2001 Accord is in an accident. Police believe she was killed by shrapnel from a Takata airbag actuator.
Oct. 22 NHTSA expands recall.
Oct. 27 The first class action lawsuit is filed. Car owners claim Toyota, Honda and Takata concealed crucial information on air bags.
Nov. 7 New York Times reports Takata ordered technicians to destroy records and test results. Article also says that the company knew of defects for years. Congress demands call a criminal investigation of Takata.
Nov. 13 Takata claims it fixed the propellant in its airbags.
Nov. 13 Honda widens recalls.
Nov. 20 Senate hearing into Takata airbag defects and concealment of defects begins. Takata tells senators that it can’t find the cause of the airbag failures.
Jan. 18 Another suspected Takata airbag injury turns fatal.
Jan. 29 35-year-old Texas man killed, cause of death believed to be a Takata airbag that exploded.
Feb. 20 Government imposes fine of $14,000 per day because of Takata’s failure to cooperate in investigation.
May 13 Toyota and Nissan recall more cars. Total recalls now over 31 million cars.
May 19 DOT says that Takata finally acknowledges airbag inflators were faulty. Some trucks now added to the recall. Total recall now approaching 34 million.
May 28 NHTSA adds more cars to the recall lists.
June 4 Reuters says that at least 400,000 replacement airbag actuators will need to be replaced.
June 15 Yet another fatality tied to an exploding Takata airbag, this time in Louisiana.
June 15 Honda expands recalls more models.
June 16 Toyota expands Takata airbag recall, adds 1,365,000 more vehicles.
June 19 Another Takata airbag related fatality. This time in a rental car in Los Angeles.
Oct 6 GM learns that side airbags on certain model Buick LaCrosse, Cadillac XTS, Chevrolet Camaro, Chevy Equinox, Chevy Malibu and the GMC Terrain may be defective. Side mounted airbag failures are especially dangerous in that they can spew shrapnel throughout the entire passenger cabin putting all passengers at risk.
Nov. 3 NHTSA imposes a record penalty against Takata. Government orders Takata to stop manufacturing actuators with defective propellant and orders company to increase the recall.
Dec 23 Another suspected Takata airbag injury turns fatal, this one just two days before Christmas.
Feb. 12 NHTSA expands its Takata airbag recall list again.
April 7 A 17-year-old Texas girl becomes the latest suspected Takata airbag injury victim. Like the others, she was killed from shrapnel from an exploding airbag.
April 13 Government now says that there may be 85 million defective Takata airbag systems still not recalled.
May 4 Takata airbag recall now doubles to 40 million airbag inflators to be replaced through 2019. Only 8.2 million have been replaced thus far.
June 2 More cars added to the Takata recall. This time Audi, BMW, General Motors, Jaguar/Land Rover, and Mercedes-Benz.
June 14 Volkswagen confirms it is still selling new vehicles that contain Takata’s ammonium nitrate-based propellant in driver and/or passenger frontal airbag inflators without the chemical drying agent.
June 21 Fiat Chrysler and Jeep say they are still selling cars manufactured with defective Takata air bag inflators. All those vehicles now must be recalled in the future.
June 30 NHTSA warns the public not to drive certain cars with Takata airbags.
July 22 Mazda announced additional recalls of vehicles with Takata airbags.
Oct. 20 Another Takata airbag injury turns fatal.
Dec. 9 DOT tells auto companies to step up the pace of fixing recalled vehicles.
Jan.12 Ford, Lexus and Toyota expand recalls of Takata airbag equipped vehicles.
Feb. 28 Takata pleads guilty to federal criminal charges that it withheld information about its defective airbags. The company is expected to pay $1 billion in fines and restitution. At the time of the guilty plea, the government estimates that it will take until 2020 for automakers to complete the repairs on recalled vehicles.
March 2 Ford, and Lincoln recall more vehicles
May 5 Honda says that some models of vehicles being operated in Hawaii have a 50% chance of an airbag explosion if involved in a crash!
May 19 Toyota, Subaru, BMW, and Mazda agree to pay $553 million to settle class action claims brought by car owners.
June 16 Takata will file for bankruptcy “any day.” No one is surprised at the bankruptcy announcement. Most analysts believe that Michigan based Key Safety Systems will acquire Takata in what is called a “prepackaged bankruptcy.” Key Safety is owned by a Chinese auto supplier, Ningbo Joyson. (Read more about the bankruptcy below.)
June 26 Takata filed for bankruptcy protection. Key Safety Systems says it will change the company’s name once the bankruptcy is complete. The bankruptcy plan contemplates that the buyer will acquire the company free and clear of its liabilities. Lawyers for automobile owners, dealers and injury victims believe that there will not be enough money to satisfy all claims. MahanyLaw and its class partners elect to pursue the automakers directly on behalf of consumers.
July 11 Even after bankruptcy, 2.7 million new recalls are announced. This recall affects certain Ford, Mazda and Nissan vehicles made between 2005 and 2012. The three automakers have not said when replacement parts will be available.
July 12 An 81-year-old Hialeah, Florida man becomes the latest fatality allegedly linked to a faulty Takata airbag. This case is unusual in that the vehicle was parked and the elderly man was apparently working on the inside of the car when the airbag deployed shooting shrapnel which caused him to bleed to death.
July 21 Ford petitions the NHTSA to not recall certain Ford models saying their Takata airbags pose an “inconsequential risk.” Meanwhile, Nissan adds 515,000 more vehicles to its recall list.
July 24 A man died in Australia after the airbag on his 2007 Honda allegedly sent shrapnel into his neck. He becomes the 18th apparent fatality.
July 28 A 34-year-old Holiday, Florida woman died, allegedly from a Takata airbag injury. If the cause of death is confirmed, she could become the 19th fatality attributed to the defective airbags.
Aug. 9 Nissan agrees to compensate owners of their vehicles who suffered economic losses and to provide rental cars. Only 30% of Nissans have been repaired thus far.
Aug. 22 Lawsuit alleges that salvage yards are recycling dangerous Takata airbags. Does the used car you bought have a safe airbag? It’s hard to tell!
USA Today reports that Takata and the NHTSA are recalling another 3.3 million vehicles are being recalled because of defective airbags including Honda, Toyota, Audi, BMW, Daimler Vans, Fiat Chrysler, Ford, General Motors, Jaguar-Land Rover, Mazda, Mercedes-Benz, Mitsubishi, Nissan, Subaru and Tesla.
June A driver of a Honda Civic was killed in Buckeye Arizona. This is one of the so-called Alpha Airbags that the experts say are most likely to explode.
Sep 28 Honda is recalling an additional one million cars to replace Takata passenger-side airbag inflators. Affected models include a wide variety of Honda and Acura models.
Dec. 13 Toyota has announced a repeat recall for some 65,000 vehicles that had recalled once before! (No surprise – Honda was using replacements made by non other than Takata.) Toyota says they will finally switch to a non-Takata supplier (probably because Takata is out of business.)
Mar 13 Following in Toyota’s footsteps, Honda is recalling 1.1 million cars to replace their replacement airbag inflators. The replacement airbags had been made by Takata.
The National Highway Traffic Safety Administration says it will continue to name additional vehicles for recall through December of 2019. The total number of vehicles expected to be recalled is estimated at between 65 and 70 million.
Special Warning for ACURA, FORD, HONDA & MAZDA
The NHTSA urges consumers to not drive certain Acura, Ford, Honda and Mazda vehicles. Period. If you have one of the listed vehicles and the Takata airbags have not been repaired, the government says take them directly to the dealer immediately.
- 2001-2002 Honda Civic
- 2001-2002 Honda Accord
- 2002-2003 Acura TL
- 2002 Honda CR-V
- 2002 Honda Odyssey
- 2003 Acura CL
- 2003 Honda Pilot
- 2006 Ford Ranger
- 2006 Mazda B-Series truck
Recent testing and crash data suggests that the Takata airbags in these cars are at a high risk of explosion should the airbags deploy. In some cases, there could be a 50% chance that these airbags will rupture!
If you own one of these vehicles, search the Recalls Lookup using your vehicle identification number (VIN) to confirm that the vehicle has an unaddressed recall and needs a repair. If it does, immediately call your dealer to schedule a free repair. Replacement parts for these vehicles should be in stock and available.
What Does the Bankruptcy Mean for Takata Airbag Injury Victims?
Takata’s bankruptcy comes as no surprise to anyone. Billions of dollars of unresolved claims, plummeting stock prices, class action lawsuits and a billion-dollar debt to Uncle Sam all contributed to the demise of Takata.
Notwithstanding that the bankruptcy was been widely anticipated, it is still bad news for car owners and devastating news for the hundreds of people directly impacted by exploding Takata airbags. The company doesn’t have enough money to pay all victims.
By buying the company through a bankruptcy proceeding, Key Safety Systems acquired the company free of any debt. That means they are not responsible for any Takata airbag injury or death claims.
One Los Angeles lawyer said, “Takata intends to try to use our bankruptcy laws to escape responsibility for the injured and the families of the dead.”
While we are not happy that the company can’t pay all the victims, not allowing the company to be acquired would mean even less money for victims. Absent the waiver of future liability, no one would buy the company. That could be worse for Takata airbag injury victims and car owners.
Remember, the automakers began the first recalls in 2008, over a decade ago. We believe they knew of the dangers for years but kept right on using Takata airbags simply because they were cheap. If you suffered a serious injury or if a loved one was killed because of a Takata or TRW airbag, call one of our airbag injury lawyers today.
Prior Airbag Class Action Cases Against Toyota, Subaru, Nissan, Mazda and BMW
As noted above, several automakers have already faced a class action lawsuit and settled. The total amount of the settlement is $553 million. That suit does not cover the loss of vehicle value caused by having a Takata airbag.
The class action also does not cover people directly killed or suffering from a Takata airbag injury.
Under the settlement terms, automakers will pay:
- Toyota: 9.2 million vehicles; $278,500,000
- BMW: 2.3 million vehicles; $131,000,000
- Subaru: 2.6 million vehicles; $68,262,257
- Mazda: 1.7 million vehicles; $75,805,050
There are on-going claims against Ford and Honda. Nissan just announced their settlement and full details were not available at the time of this update.
Class Action for Audi, Cadillac, Chevrolet, Chrysler, Dodge, GMC, Jeep, Mercedes and Volkswagen (VW) Owners
Our class case is for owners of certain Audi, Cadillac, Chevrolet, Chrysler, Dodge, GMC, Jeep, Mercedes and Volkswagen (VW) automobiles. Despite over a decade of problems and countless horrific Takata airbag injuries, we were shocked to learn that these companies. Their refusal to provide loaner cars and pay for all the economic losses of their customers defies reason.
Approximately 60 million vehicles equipped with Takata airbags have been recalled. Regulators believe that defective actuators within the airbag unit may explode killing or seriously injuring occupants of cars equipped with these airbags. The NHTSA has recommended that drivers of many of these vehicles simply park them until repairs can be made.
A link to the current list of recalled vehicles can be found above.
Injured Because of a Defective Airbag? Call an Airbag Injury Lawyer Today
Call us immediately and speak to one of our airbag injury lawyers. The time to sue may be limited depending on where the accident occurred. It is also important for us to attempt to secure the vehicle and the defective airbag components. See our contact information below:
Airbag Injury Lawyers Claim Center
If you or a loved one has died or was disfigured or seriously injured in an accident involving a vehicle containing a defective airbag or recalled Takata and TRW airbag and you believe that those injuries were caused by the airbag, you have legal rights. Contact the airbag injury lawyers at MahanyLaw today.
We can be reached online, by email () or by phone (414) 704-6731.
AIRBAG INJURY LAWYER VIDEO LINKS
This post is not intended to be legal advice. It is also not a substitute for checking with the NHTSA to see if your vehicle is covered by a recall. Click here for more information.
MahanyLaw – America’s Takata Airbag Injury Lawyers