What Is An Airbag Recall?

Key Highlights

• An airbag recall is the manufacturer’s official notification for car owners to get their defective airbags checked and prevent any further damage.  An example would be a defective airbag that may explode, resulting in a serious injury or fatality. 
• Under federal law, authorized dealers must repair any defects associated with an airbag recall free of cost, regardless of whether you are the original owner of the car. 
• With North Carolina being classified as a high-humidity “Zone B,” the chemical compounds inside defective airbags degrade faster here, so it is imperative that NC drivers check their VIN immediately.
• Injuries caused by a rupturing of an airbag can lead to complicated product liability claims. It can allow victims to seek compensation from manufacturers for design flaws or failure to warn.

A vehicle airbag recall happens after it is determined that there’s a defect in the vehicle’s airbag system. This determination is usually made by either a vehicle manufacturer or the National Highway Traffic Safety Administration (NHTSA). The airbag system defect can be serious enough to cause injury or death to an occupant of a vehicle. For example, in the massive Takata airbag recall, the defect was not just faulty airbag activation, but the airbag was exploding, causing injury or death to the occupant(s) of the vehicle.

Tatum & Atkinson Law Firm has experienced firsthand how a minor traffic accident, that occurred in a city such as Raleigh or Durham, can turn into a tragic accident due to an airbag malfunction. As experienced car accident attorneys with over 20 years of experience, we wanted to provide a comprehensive guide so that families in North Carolina have the necessary information available to make informed decisions regarding their safety. 

Don’t wait until it is too late to find out whether or not your vehicle is safe. Protect your family and check your VIN today, and contact Tatum & Atkinson Law Firm for reliable legal help.

What Is an Airbag Recall?

An official recognition by a manufacturer that there is a defect with their product that violates federal safety regulations. It is much more serious than just fixing the car’s mechanical parts because the problems associated with a car airbag recall notice are much worse than mechanical fixes, because the failure often happens without any airbag light on dash or prior warning. 

Defining a Safety Recall vs. a Technical Service Bulletin

While both require the repair of the car, the laws regarding recalls and service bulletins differ significantly. A safety recall is mandatory and is enforced by the federal government. In contrast, the service bulletin is considered a recommendation for repairs that can improve overall vehicle performance regardless of whether a particular repair poses any potential danger to life or limb.

• Safety Recall: Issued by the automobile manufacturer because of a specific defect in a vehicle that poses a safety hazard and is caused by a failure to meet minimum safety standards established by the Federal Government.
• Technical Service Bulletin (TSB): These are manufacturers’ instructions for repairing a non-safety-related issue of the vehicle to improve its overall performance.

Who Issues the Recall? (The Role of the NHTSA)

The recall process is a joint effort between the government and automobile manufacturers.

• NHTSA: The federal agency that keeps track of car problems, and the NHTSA has the authority to require manufacturers to initiate a recall based on trends of defective airbag injuries.
• Manufacturers: When an automobile manufacturer such as Ford, Toyota, Lexus, and Subaru learns of a defect in one of the vehicles in their supply chain, they will typically issue a voluntary recall to limit their liability.

The “Free of Charge” Guarantee

Under federal law, any manufacturer of a vehicle involved in an air bag recall is required to repair the vehicle free of charge. 

• No Cost: No fees to be charged, including parts and labor, when repairs are made at an authorized dealership.
• Deadline-Free: There is no time limit for safety-related recalls on vehicle repairs, as long as the vehicle is within its manufacturer’s recommended life span, but a consumer should have the repairs made promptly.

Why Are Millions of Airbags Being Recalled?

A majority of present-day airbag recalls are related to an inherent chemical defect in the inflator system. Whenever an inflator has failed, it fails not only because it could not protect the occupant from injury, but, by rupturing during impact and coming into contact with the occupant, it creates an additional hazard.

The Takata Crisis: Ammonium Nitrate Propellant

The ammonium nitrate inflator used in the airbags is what caused the Takata airbag recall. Without drying agents, it can become unstable and react with the environmental factors and explode under high pressure instead of inflating.

The Science of Decay: Moisture and North Carolina Humidity

The chances of an airbag recall occurring are much greater in humid areas such as North Carolina. Due to the repeated expansion and contraction of the propellant (due to “heat cycling”), the propellant tablet can degrade, becoming high-explosive powder, which can lead to “over-pressurization”.

The “Shrapnel” Effect: A Shotgun in the Dashboard

When the metal casing of a defective airbag inflator breaks apart because of defective manufacturing, the sharp metal pieces will accelerate out of the airbag and into the passenger compartment, and could kill or seriously injure any person in the car.

Does My Airbag Have a Recall?

There is an unprecedented number of automobile recalls due to defective airbags affecting every major manufacturer on the road today. Whether you’re driving a luxury sedan or a work truck, if the recall has not been addressed, your vehicle could be a “ticking time bomb”.

Which Cars are Affected by the Airbag Recall?

The list is ever-expanding; however, so far, we have noted these brands as being the largest recipients of airbag recalls: 

• Toyota Lexus Subaru recall: Millions of vehicles are affected by the Toyota airbag recall for virtually every sedan and SUV variant manufactured by them.
• Ford recalls: Ford has focused its airbag recalls on the Ranger and Ford Mustang models, where they have placed the “Do Not Drive” restriction.
• GM Silverado Sierra airbag recall: GM’s Silverado and Sierra models primarily make up both the heavy-duty trucks and light-duty trucks recalled from GM for their defective airbags.
• Mazda CX 30 Mazda3 airbag recall: Mazda has constantly added newer versions of their CX 30 and Mazda3 to the list of Mazda airbag recalls being tested, as well as those currently under recall for their airbags.     
• Hyundai and Kia: Specifically, the Hyundai Palisade recall airbag issues and older Kia models.
• Chrysler Pacifica Voyager airbag recall: Chrysler’s Pacifica and Voyager family minivans face similar airbag defects posing safety issues for the occupants of these vehicles.

High-Risk Vehicles and the 2001–2016 Airbag Recall Window

The rate of fatalities due to defective airbags continues to occur for vehicles built from 2001 through 2016. If you have a new vehicle model, you may think that you won’t have to worry about checking whether your vehicle has been recalled. However, due to ongoing work regarding which chemical compounds are deemed safe to use over extended periods, you should still check for a recall on your vehicle.

The ARC Automotive Expansion

Currently, ARC airbag recall affects up to 67 million vehicles. Conversely, the Takata inflator is defective due to a design flaw of a component that is inside the inflator called a weld flash. This weld flash creates clogs in the gas exit ports of the inflator, resulting in possible catastrophic cell failure of the metallic case for the inflator.

The North Carolina Perspective: Heat, Humidity, and Zone B

The NHTSA has a risk level system for environmental degradation and “Zones” according to each state’s respective level of risk. Since the stability of a recall on airbags depends on the weather, where you live in North Carolina is a factor. 

Explaining the NHTSA “Zones” (A, B, and C)

NHTSA classifies states into Zones A, B, and C. A is the hottest and most humid states such as Florida, while C is the coldest parts of the country. North Carolina fits into Zone B. There is enough heat and humidity to create a serious problem like propellant decay over time. 

Why North Carolina Drivers Are at High Risk

Due to the long, humid summers throughout the state, North Carolina is prone to rapid deterioration of defective airbags from chemical weathering. Because of this and constant exposure of vehicles to high amounts of moisture, air from the atmosphere leaks through the vehicle’s inflator, making “Zone B” a significant safety issue for drivers.

Coastal vs. Inland Urgency

The majority of those at risk will be living in coastal areas such as Wilmington or in humid inland cities such as Rocky Mount, rather than in drier areas. The salt in the air, combined with high humidity, poses the greatest threat to the integrity of the airbag inflator; therefore, the NHTSA requires an immediate VIN verification process.

What Happens If I’m Injured by a Recalled Airbag?

When a defective airbag blows up during an accident, the situation is transformed from a basic insurance claim into a complicated product liability case. No longer are you merely negotiating with the insurance provider for your loss, but now you are the plaintiff in a legal battle against a multi-billion-dollar corporation.

Product Liability 101: Holding Manufacturers Accountable

Manufacturers in North Carolina have a legal obligation to ensure that their products are safe. If an airbag recall is issued but the information regarding the recall is improperly distributed or the airbag is poorly designed, the manufacturer may be liable for:

• Manufacturing defect: Errors made in the assembly of the airbag.
• Design defect: Using hazardous materials, such as ammonium nitrate, in making the airbag.
• Failure to warn: Not giving users sufficient information about the question “Is my airbag safe?”

The Impact of a Rupture: Common Injuries

In addition to the normal injuries associated with a car accident, people can sustain significant, sometimes life-changing, injuries from an airbag rupturing.

• Facial Trauma: Deep cuts and scarring due to shrapnel created from metal coming out of the airbag.
• Vision and Hearing Loss: The airbag’s explosion occurs with such a concussive force that shrapnel can get into the eye, and the explosion can also cause hearing damage.
• Upper Body Injuries: Bone fractures in the neck, chest, and arms due to shrapnel.

Evidence Preservation: Don’t Let the Car Be Scrapped

After there is a suspicion of an airbag rupture, the most important thing to do is preserve the vehicle.

• Do Not Total the Vehicle: Make sure to keep the airbag module for expert examination.
• Take Photographs: Photograph the cabin of the vehicle to document the black coloring (soot) and any metal fragments that may still be inside.
• Consult with a Lawyer: If you engage a lawyer, your personal injury or car accident lawyer can send “spoliation letters” to the insurance company informing them that they should not destroy the vehicle until you have had time to evaluate the airbag.

How Tatum & Atkinson Law Firm Can Help

When competing against global automotive corporations, you want The Heavy Hitters by your side. At Tatum & Atkinson Law Firm, we don’t stop at settling claims, as we will hold negligent companies responsible for installing defective airbags in vehicles being driven by families like yours.

• The “Heavy Hitters” Approach to Defective Products: We have recovered over $100 million for our clients and are determined to take on both insurance companies and manufacturers. We understand the “hard times” that you may be experiencing, and we will provide you with sound advice regarding your case.
• Unmatched Investigation Power: As soon as we are retained to represent you, we will take immediate action to preserve evidence by retaining engineers with expertise in determining how airbags fail and what caused a specific airbag failure. Our team will handle the complicated documentation and timelines involved so that you can concentrate on your recovery from your injuries.
• The Contingency Promise: No Fees Unless You Win: We believe that every person who suffers an injury in North Carolina is entitled to quality legal representation. You will not be required to pay any attorney fees whatsoever until we collect money for your injuries and damages.
• Free Consultations for NC Accident Victims: If you were involved in a minor car accident in Raleigh or a major collision in Durham, call us at (800) 529-0804 for a no-obligation case review. In your case review, we will provide you with an honest evaluation of your legal options, as well as a plan of action.

Don’t Wait for a Warning Light

A recall for an airbag is a hidden danger. Unlike a flat tire or an engine that is too hot, there is usually not a warning airbag light on dash when the chemical propellant inside your steering wheel has become an explosive device. You are unable to “feel” this malfunction when driving, so the only way to ensure your safety is to have proactive checks performed on your vehicle.

At Tatum and Atkinson Law Firm, we have spent our careers protecting North Carolinians from the acts of negligence related to airbag recalls. Therefore, I, Robert Tatum, founding member of this law firm, am asking that you take five minutes of your time today to go to NHTSA.gov/recalls and input your VIN number into their database. If you or someone in your family has already received injuries due to an exploding airbag, then contact us immediately.

You can contact The Heavy Hitters at (800) 529-0804 for a free consultation. Our team is ready to help you get the justice you deserve.

Frequently Asked Questions Regarding Airbag Recalls

What if I bought my car used in North Carolina?

If you purchased a pre-owned vehicle, your auto-manufacturer may not have your address on file, and to determine if the vehicle has been recalled, search through the VIN number to see if there are any outstanding recalls as registration data can be very old.

Does a recall affect my insurance?

Your insurance is to provide protection for you in the event of an accident injury, regardless of whether or not the vehicle has an outstanding safety-recall notice.

How long does an airbag recall take to fix?

Typically, it will take from one to three hours to perform a repair at your dealership after you’ve made an appointment to have your vehicle serviced. Schedule an appointment to make sure replacement components are in stock for your vehicle model.

About how much does an airbag recall cost at a car dealership?

In most cases, a vehicle recall will be done at absolutely no cost to the consumer. Under federal law, the manufacturer must pay for all parts and labor associated with a vehicle recall. 

Is it safe to drive a car with an airbag recall?

Although most of the time, airbags will deploy correctly, the risk of a defective airbag rupturing increases the longer you wait to get the vehicle repaired. This is even more true in humid areas like North Carolina.

Who pays for an airbag recall?

Manufacturers are responsible for the repair costs associated with an airbag recall. These companies are liable for their products’ safety; so the NHTSA has a program in place to ensure that they pay to fix vehicle defects for all consumers.

What happens if I ignore an airbag recall?

When you ignore a recall, you continue to operate your vehicle with a known safety defect. In an accident, the airbag may cause serious injury or death by shooting metal or other dangerous pieces of the airbag into the passenger compartment.