The takata airbag recall

Contact Takata Airbag Lawyer Timothy L. Miles about a free case evaluation if you were injured by a defective Takata airbag

Safety technology in vehicles has advanced significantly since the implementation of the initial Federal Safety Standards in 1968. The purpose of introducing oversight was to safeguard the public against unreasonable risks stemming from subpar design, construction, or vehicle performance.

​However, what occurs when a safety feature poses more harm than good? This precise scenario unfolded with the defective Takata airbags. The Takata airbag recall has affected millions of individuals who own vehicles sold in the United States. Numerous vehicle brands installed faulty Takata airbags in their vehicle models during the late 90s and early 2000s, which have the potential to release lethal shrapnel upon inflation and has led to several Takata airbag deaths. NHTSA has confirmed that 28 people in the United States have been killed when their defective Takata airbag inflators exploded.

​​Additionally, despite the discontinuation of the Takata airbag division, and the defective Takata airbags, there are still approximately 14 million potentially defective Takata airbags installed in vehicles that are actively being driven. 

​While it is possible for any product to have defects, the legal and ethical issue lies in how a company handles knowledge of these defects. In the case of Takata, the company was aware of the life-threatening defect as early as 2000, and executives even confessed to manipulating early data with the intention of preserving their reputation and maximizing profits. If you or a loved one have been injured by a defective Takata airbag, you have the right to pursue compensation for your injuries and should call Takata Airbag lawyer Timothy L. Miles today for a free case evaluation as you may be entitled to substantial compensation.​ (855) 846-6529 or [email protected], 24/7 and no charge, of course. Give us a call and see what a Takata Airbag lawyer can do for you.

why is the takata airbag defective?

​Takata, a Japanese-based automotive supplier, provided approximately 25% of the inflators used by car manufacturers worldwide to activate airbags upon impact.

The main issue lies in the fact that these faulty Takata airbags have the potential to rupture and release dangerous shrapnel, resulting in injuries such as scarring, blindness, and even fatalities.

Another concern is that the defective Takata airbags is they may fail to inflate properly during an accident, thus failing to provide the intended protection for motorists. The defective part is believed to be a faulty seal on the inflator component. If this seal is defective, moisture can enter the propellant responsible for deploying the airbag, leading to malfunctions or failures.

Moreover, the chemical used for rapid inflation of the airbag can become unstable and burn too quickly. This causes the canister to rupture, sending metal fragments into the driver and passenger compartments of the affected vehicles. It is particularly worrisome that these airbags pose an even greater risk in hot and humid regions.

If your vehicle is equipped with one of the potentially faulty Takata airbags, the National Highway Traffic Safety Administration (NHTSA) advises that you take appropriate measures.​

What Automobiles Have Defective Takata Airbags?

The massive Takata airbag recall of approximately 67 million defective Takata airbags started in November 2014, and the NHTSA has updated the list as recently as 2021 to include vehicles with non-azide driver inflators (NADI). The most recently recalled vehicles are Toyota, BMW, Audi, Honda, and Mitsubishi brands. These same brands are also involved with the colossal and ongoing recall initiated in 2014. We urge you to check the NHTSA website for your safety, as the list may continue to grow as more evidence is uncovered.

  • Audi
  • Acura
  • BMW
  • Cadillac (GM)
  • Chevrolet (GM)
  • Chrysler
  • Daimler Trucks North America (Sterling Bullet)
  • Daimler Vans USA LLC (Sprinter)
  • Dodge/Ram (Chrysler)
  • Ferrari
  • Fisker (Karma)
  • Ford
  • GMC (GM)
  • Honda
  • Isuzu
  • Infiniti (Nissan)
  • Jaguar
  • Jeep (Chrysler)
  • Land Rover (Jaguar Land Rover)
  • Lexus (Toyota)
  • Lincoln (Ford)
  • Mazda
  • McLaren
  • Mercedes-Benz
  • Mercury (Ford)
  • Mitsubishi
  • Nissan
  • Pontiac (GM)
  • Saab (GM)
  • Saturn (GM)
  • Scion (Toyota)
  • Subaru
  • Tesla
  • Toyota
  • Volkswagen

list of vehicles Subject to the Takata Airbag Recall and do not drive warnings

​The NHTSA has issued do not drive warnings for certain vehicles with defective Takata airbags that are at a far higher risk for an air bag explosion that could injure or kill vehicle occupants. These vehicles should be repaired immediately and not driven until repaired. Both NHTSA and the manufactures of these vehicles “urge consumers to NOT drive these vehicles until they are repaired.”

  • 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 2004-2011 Ford Rangers
    • 2005-2006 GT
    • 2005-2014 Mustang
    • 2006-2012 Fusion
    • 2006-2012 Lincoln MKZ/Zephyr 
    • 2006-2012 Mercury Milan 
    • 2007-2010 Edge 
    • 2007-2010 Lincoln MKX
  • Honda
    • 2001-2002 Honda Accord
    • 2001-2002 Honda Civic
    • 2002 Honda CR-V
    • 2002 Honda Odyssey
    • 2003 Honda Pilot
  • Infiniti
    • Certain 2002-2003 Infiniti QX4s
  • Mazda
    • Certain 2004-2009 Mazda B-Series
    • 2003-2013 Mazda6
    • 2006-2007 MazdaSpeed6 
    • 2004-2011 RX-8 
    • 2004-2006 MPV
    • 2007-2012 CX-7 
    • 2007-2015 CX-9
  • Nissan
    • Certain 2002-2006 Nissan Sentras
    • Certain 2002-2004 Nissan Pathfinders
  • Pontiac
    • Certain 2003-2004 Pontiac Vibes
  • Toyota
    • Certain 2004-2005 Toyota RAV4s 
    • Certain 2003-2004 Corollas, including Matrix

According to the NHTSA, “Test data on the defective Takata air bag inflators in these vehicles show a far higher risk of ruptures during air bag deployment than for other recalled Takata air bags.”

If you are the owner one of these vehicles, you can 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, you should immediately call your dealer to schedule a free repair. There are no replacement parts for these vehicles available.

How to determine if you car has one of the defective Takata airbags?

The NHTSA has a page dedicated to safety issues and recalls for motor vehicles. You input your vehicle identification number (VIN) to see if there are any active problems. You can usually find your VIN on the bottom lower-left-hand side of the dashboard, underneath the spare tire, the driver-side door, the driver-side rear wheel well, or on the front of the engine block. You can also find it on your title, registration, or car insurance documents. 

Are the defective Takata Airbags still being used?

Despite the discontinuation of the Takata airbag division, and the defective Takata airbags, there are still approximately 14 million potentially defective Takata airbags installed in vehicles that are actively being driven. If your vehicle is included in the NHTSA list, we strongly recommend ceasing operation and promptly arranging for repairs, especially if you reside in a hot or humid area. Time is of the essence when dealing with this issue, as it is directly related to the degradation of the chemical properties responsible for airbag inflation.

As recently as 2022, five fatalities have been attributed to defective Takata airbags in affected vehicles. Most car manufacturers involved in the Takata airbag recall offer complimentary replacement parts, regardless of whether the vehicle was purchased new or used. We suggest contacting an authorized dealer to schedule an appointment. Some dealerships may even provide towing services and loaner vehicles while your vehicle undergoes repairs. Faulty Takata components have been linked to at least 30 deaths and over 450 injuries.

are Are Some defective Takata Airbags Riskier Than Others?

Even if you are aware of the issues with defective Takata airbags, some are more dangerous than others. The oldest airbags, known as “Alphas,” have a 50% chance of malfunctioning in a way that can result in severe injuries and even death. It is estimated that there are still thousands of these vehicles on the road. Older Honda and Acura vehicles are equipped with these highly hazardous components, including the following models:

  • 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

Manufacturers have faced difficulties in reaching the owners of these “Alphas” since the vehicles may have changed hands multiple times. Additionally, individuals who currently possess these vehicles may not have received recall notices, as these notices are typically sent to the address of the registered owner. This was the case in a tragic accident that occurred in July 2022, resulting in the death of a passenger. The owner of the vehicle had received a recall notice in 2018 but chose not to have the necessary repairs done. They then loaned the car to a family member who was killed when the driver-side airbag fragmented upon deployment. While the airbag in this particular instance was not an “Alpha,” it still serves as a grim reminder of the deadly consequences of driving a vehicle with faulty airbags.

how can a victim of one of the defective takata airbags recover compemsation in a Takata airbags lawsuit?

If you or a loved one were harmed or lost their life due to one of the deploying defective Takata airbags, you may have the opportunity to receive compensation through either an established trust or a personal injury lawsuit. It is crucial to act quickly, as there are specific deadlines for filing a claim. Generally, you have a three-year window from the date of the injury or the time permitted under state laws that apply to your case.

It is important to note that if your Takata airbag incident occurred before April 11, 2018, the deadline to seek compensation through trust funds may have already passed. However, we strongly advise you to contact us so that we can assess the details of your situation and determine if you are still eligible for compensation.

The Takata Airbag Tort Compensation Trust Fund (TATCTF) was established when Takata filed for bankruptcy. Its purpose is to provide compensation to individuals who have suffered personal injuries or wrongful death as a result of Takata’s defective airbags.

Additionally, another fund was created by the United States District Court for the Eastern District of Michigan in response to Takata’s criminal plea. These two funds work together to ensure that victims have access to the compensation they deserve.

What Claims Are Available for Injury or Wrongful Death Caused by Takata Airbags in the Takata Airbag lawsuits?

Through the TATCTF, you may bring up to three types of claims when submitting one form. Depending on your circumstances, choose either a Personal Injury Claim Form or a Wrongful Death Claim Form. Here are explanations for claim types:
 
Individual Restitution Fund Claim (IRF) – Claims submitted to the IRF draw from funds allocated for personal injury or wrongful death, as established by the Restitution Order by the District Court associated with the Takata guilty plea.
 
Trust Claim – Also known as a TDP or TD claim, this claim is submitted to draw funds from the TATCTF established in association with Takata’s Chapter 11 Bankruptcy Plan of Reorganization.
 
POEM Claim – Specific claimants may additionally submit a claim for TATCF funds against a Participating Original Equipment Manufacturer. Only individuals who were injured or family members of individuals who suffered a wrongful death in conjunction with the automobile manufacturers Honda/Acura or Nissan/Infiniti related to the defective Takata airbags may use this claim. Currently, this claim is the only legal remedy against these manufacturers. In other words, you cannot bring a personal injury lawsuit against these manufacturers in association with injury caused by the Takata airbag defect in question

Contact Takata airbag lawyer Timothy L. Miles to Submit a Claim for compensation

​We recommend that you take advantage of the experience of Timothy L. Miles, a personal injury lawyer, who can guide you through the process to ensure you get the full compensation you deserve.  Call a Takata airbag lawyer today if you were injured by one of the defective Takata airbags.  The call is free and so is the fee unless we win or settle your case. 

Why Should I Use a Takata airbag lawyer for My Takata Airbag Injury or Wrongful Death?

​A Takata airbag lawyer can ensure you get the maximum amount of compensation possible for your Takata airbag injury, especially if it caused severe injury or death. You may qualify for an Extraordinary Circumstances Review, which may entitle you to additional compensation. Here are some examples that could warrant such a review:

  • Loss of life
  • Loss of vision in both eyes
  • Funeral expenses
  • Lost earning capacity
  • Medical expenses exceeding $1.5 million
  • A severe injury
  • Moderate or severe traumatic brain injury
  • Loss of 50% or more use of limb or hand
  • Permanent, profound hearing loss
  • Permanent injury to a fetus that lives to childhood
  • A spinal injury that results in paralysis
  • An injury or combination of injuries that are not contemplated by the claims process
  •  For severe losses, we can help you prepare to submit the substantial evidence and documentation required for consideration.

 
A Takata airbag lawyer can also do wonders if you are unhappy with the decision on your claim. You have a right to an appeal but must submit one within 30 days’ notice of the determination. We can work with you to shore up aspects of your claim that may have led to an unsatisfactory decision regarding your compensation. A Takata airbag lawyer has extensive knowledge regarding Takata airbag claims ready to help you.