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.
How to determine if you care has a defective Takata airbag
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 be 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:
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. What Kind of Injuries Has Been Caused by the defective Takata Airbags?
Driver and passengers are at risk of injury or being killed by faulty Takata airbags, which may propel metal shards as the airbag deploys or otherwise fail to deploy as intended. Some of the injuries that have been related to defective Takata airbaga malfunctions include:
Substantial wounds:
how can a victim of a defective takata airbag recover compemsation in a Takata airbags lawsuit?
If you or a loved one were harmed or lost their life due to a deploying defective Takata airbag, 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 airbag 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. How to Submit a Claim for compensation resulting from a defective Takata airbag
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. The call is free and so is the fee unless we win or settle your case. 855/846-6529 or [email protected].
Can I File a Claim Through the Trust Fund if I Was Injured in an Accident Because My Takata Airbag Did Not Deploy?
No, the TATCTF was established to deal with injuries and wrongful death only associated with the specific defect related to the explosive propellant mechanism. If you were injured because an auto part did not perform as designed, you have the option to file a product liability lawsuit to get compensated for your injuries. We can help.
Can I Still File a Claim if I Was Already Compensated Through My Auto Insurance?
Yes, even if you received an insurance settlement, you can still pursue compensation through the Trust Fund.
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:
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. CONTINGENCY FEE AGREEMENTS: NO COST TO HIRE A TAKATA AIRBAG LAWYER
It does not cost anything to hire a Takata Airbag lawyer if you were injured as a result of a defective Takata airbag. We take all cases on a contingency basis which means we do not get paid unless we win or settle your case. A Takata Airbag lawyer can explain the process of a Takata Airbag lawsuit and answer any questions you may have free of charge, so contact Takata Airbag lawyer Timothy L. Miles today for a free case evaluation and see if you are eligible for a Takata airbag lawsuit and possibly entitled to substantial compensation.
call a Takata airbag lawyer today if you were injured by a defective Takata airbag
If you or a loved one were injured by a defective Takata airbag, contact Takata airbag lawyer Timothy L. Miles today for a free case evaluation about a defective Takata airbag. Call a Takata airbag lawyer today you could be entitled to substantial compensation. See what a Takata airbag lawyer can do for you.
Remember, the call is free and so is the fee unless we win or settle your case, so give a Takata airbag lawyer a call today. 855/846-6529 or [email protected].
The Law Offices of Timothy L. Miles
Tapestry at Brentwood Town Center 300 Centerview Dr., #247 Brentwood, TN 37027 Phone: (855) 846–6529 Email: [email protected] Takata airbag lawyer Timothy L. Miles Nashville attorney Timothy L. Miles is a nationally recognized shareholder rights attorney raised in Nashville, Tennessee. Mr. Miles has dedicated his career to representing shareholders, employees, and consumers in complex class-action litigation. Whether serving as lead, co-lead, or liaison counsel, Mr. Miles has helped recover hundreds of millions of dollars for defrauded investors, shaped precedent-setting decisions, and delivered real corporate governance reforms. Judges and peers have repeatedly recognized Mr. Miles’ relentless advocacy for the underdog, as well as his unbendable ethical standards. Mr. Miles was recently selected by Martindale-Hubbell® and ALM as a 2022 Top Ranked Lawyer, 2022 Top Rated Litigator. and a 2022 Elite Lawyer of the South. Mr. Miles also maintains the AV Preeminent Rating by Martindale-Hubbell®, their highest rating for both legal ability and ethics. Mr. Miles is a member of the prestigious Top 100 Civil Plaintiff Trial Lawyers: The National Trial Lawyers Association,Class Action: Class Action: Top National Trial Lawyers, National Trial Lawyers Association (2023), a superb rated attorney by Avvo, a recipient of the Lifetime Achievement Award by Premier Lawyers of America (2019) and recognized as a Distinguished Lawyer, Recognizing Excellence in Securities Law, by Lawyers of Distinction (2019); a Top Rated Litigator by Martindale-Hubbell® and ALM (2019-2022); America’s Most Honored Lawyers 2020 – Top 1% by America’s Most Honored (2020-2022). Mr. Miles has published over sixty articles on various issues of the law, including class actions, whistleblower cases, products liability, civil procedure, derivative actions, corporate takeover litigation, corporate formation, mass torts, dangerous drugs, and more. Please visit our website or call for free anytime. Comments are closed.
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