Defective Airbag Lawyer | ARC Airbag Recall
Airbags, introduced in vehicles decades ago, are life-saving devices. By 1998, federal law mandated their inclusion in all cars and light trucks sold in the United States. These safety features are designed to protect passengers during collisions. Recently, U.S. auto safety regulators maintained their conclusion that over 50 million ARC airbag inflators are hazardous and should be removed from use, advancing toward a significant recall. The ARC defective airbag attorneys at Paul | Knopf | Bigger are here to help you understand your rights if an ARC airbag injured you or a loved one. If you have questions, contact us at (800) 434-4327.
When ARC airbags fail, they can cause serious injuries or even death. This comprehensive guide explores the complexities of defective airbag lawsuits, the types of defects, potential injuries, and how to determine if you have a case.
Understanding ARC Airbag Defects
Types of Airbag Defects
ARC airbags can be defective due to design flaws or manufacturing errors. Design flaws occur when the airbag’s inherent design poses a risk to passengers. Manufacturing defects happen during the production process, leading to faulty airbags that may not deploy correctly or might explode.
Common Airbag Defects Include:
- Non-deployment: The airbag fails to deploy during a collision. This can leave passengers unprotected and increase the risk of severe injuries.
- Overly forceful deployment: The airbag deploys with excessive force, causing injury. This can result in broken bones or other serious physical damage.
- Shrapnel ejection: Metal fragments are expelled during deployment, leading to serious injuries. These metal pieces can cause lacerations or even penetrate internal organs.
- Unexpected deployment: The airbag deploys without a collision, startling the driver and causing accidents. This sudden activation can lead to loss of vehicle control and additional collisions.
Consequences of ARC Defective Airbags
Injuries and Repercussions
Defective airbags can result in severe injuries or even fatalities. Common injuries include:
- Lacerations: Cuts from shrapnel or broken airbag components. These can range from minor to severe, requiring stitches or more intensive medical treatment.
- Fractures: Broken bones due to forceful deployment. These injuries can be particularly debilitating, leading to long recovery times and potential surgeries.
- Burns: Chemical burns from the airbag’s deployment mechanism. These burns can cause significant pain and scarring, necessitating medical intervention.
- Traumatic Brain Injuries (TBI): Head injuries from improper airbag deployment. TBIs can have long-term effects on cognitive and motor functions, drastically altering a victim’s quality of life.
Victims often face high medical bills, lost income, and emotional trauma. Additionally, the resale value of vehicles with defective airbags can plummet, causing financial stress.
Identifying a Legal Case
Do You Have a Case?
To pursue a legal case, certain conditions must be met. If the airbag or vehicle manufacturer knew about the defect and failed to address it, you might have grounds for a lawsuit. Consulting with an experienced attorney is crucial to determine the viability of your case. Contact us at (800) 434-4327 to discuss your potential case.
Steps to Take:
- Document the Incident: Gather evidence such as medical records, photographs of injuries, and police reports. This documentation will support your claim and help establish the extent of your injuries.
- Consult an Attorney: Seek advice from a lawyer specializing in defective airbag cases. They can provide insights into your legal options and the potential for compensation.
- Evaluate the Defect: Determine whether the defect was due to a design flaw or manufacturing error. Your attorney can help you assess this and gather the necessary evidence.
The Role of ARC Defective Airbag Attorneys
Why Hire an ARC Defective Airbag Attorney?
Navigating the legal complexities of defective airbag cases requires specialized knowledge. ARC defective airbag attorneys have the expertise to handle these intricate cases. They can help you understand your rights, gather necessary evidence, and pursue compensation.
What to Expect from Your Attorney:
- Case Evaluation: An initial review of your case to determine its strength. This evaluation will help you understand the merits of your claim.
- Legal Guidance: Explanation of relevant laws, statutes of limitations, and potential outcomes. Your attorney will guide you through the legal process and explain your options.
- Representation: Handling all legal proceedings, including filing lawsuits and negotiating settlements. This ensures your case is presented effectively and maximizes your chances of success.
Recent Developments in the ARC Airbag Recall
NHTSA’s Stance on ARC Airbag Inflators
The National Highway Traffic Safety Administration (NHTSA) recently reaffirmed its position that over 50 million airbag inflators, manufactured by ARC Automotive Inc., are hazardous. These inflators can explode, sending shrapnel into the vehicle cabin.
Furthermore, the agency reported that 23 inflators have ruptured during testing, showing causes similar to those that failed in real-world conditions. Additionally, four inflators have ruptured outside the U.S., resulting in at least one death. This underscores the global risk posed by these defective inflators.
“To be sure, the overwhelming majority of the subject inflators will not rupture upon deployment,” NHSTA wrote. “However, based on the evidence linking past ruptures to the same friction welding process, all of the subject inflators are at risk of rupturing.”
In April 2023, regulators requested that ARC recall the inflators, but the company refused to initiate a full-scale recall, paving the way for a potential court battle.
The NHTSA argues that welding byproducts during manufacturing can block a vent in the canister meant to release gas and rapidly inflate the airbags. In defective products, this can cause pressure to build up, eventually causing the canister to explode.
The agency has stated that injuries from the shrapnel can be severe, and the inflators present an unreasonable risk of serious injury or death to drivers and passengers.
Key Points:
- Injuries and Deaths: At least seven injuries and two deaths in the U.S. and Canada since 2009. These incidents highlight the critical danger posed by defective inflators.
- Automaker Opposition: Some automakers dispute the claim, citing a lack of systemic design defects. They argue that the inflators’ failures are not widespread enough to warrant a massive recall.
- NHTSA’s Action: The agency may pursue a massive recall, potentially leading to legal battles with ARC and automakers. This recall could impact millions of vehicles and involve significant legal and financial implications.
Protecting Your Rights
What Should Victims Do?
If you suspect your vehicle has a defective airbag, take immediate action:
- Check Recalls: Verify if your vehicle is part of an airbag recall. You can do this through the NHTSA website or your vehicle manufacturer.
- Seek Medical Attention: Get treated for any injuries caused by the airbag. Ensure all medical records are kept for future reference.
- Consult a Lawyer: Contact ARC defective airbag attorneys to explore your legal options. They can help you understand your rights and guide you through the process of filing a claim.
Paul | Knopf | Bigger – ARC Defective Airbag Attorneys
Defective airbags pose a significant risk to drivers and passengers. Understanding the types of defects, potential injuries, and legal recourse is essential for victims. By consulting with an experienced ARC defective airbag attorney at Paul | Knopf | Bigger, you can navigate the complexities of your case and seek the compensation you deserve. If you or a loved one has been affected by a defective airbag in Florida, reach out to our office today to protect your rights and secure justice.
For more information, complete our free online case evaluation form or call us at (800) 434-4327. Our experts are here to help you get the compensation and justice you deserve.
Sources:
- https://www.nhtsa.gov/sites/nhtsa.gov/files/2024-07/ARC-Supplemental-Initial-Decision-NHTSA-2023-0038-web.pdf
- https://www.bloomberg.com/news/articles/2024-07-31/us-regulators-aim-to-force-recall-of-51-million-car-air-bags?sref=P6Q0mxvj
- https://apnews.com/article/arc-air-bag-inflator-deaths-rupture-recall-70f0d5341e7999bfece4b80ee515f5fa
- https://static.nhtsa.gov/odi/inv/2016/INRM-EA16003-90615.pdf