At Schmidt & Clark, LLP, we are dedicated to helping individuals who have suffered due to defective airbags. Our experienced legal team is here to guide you through the process and fight for the compensation you deserve. Please click the button below for a Free Confidential Case Evaluation or call us toll-free 24 hrs/day by dialing (866) 588-0600.
Table Of Contents
- BMW Airbag Recall Lawsuit Overview
- Latest BMW Airbag Lawsuit Updates
- NHTSA Reports and Statistics
- BMW Airbag Injuries & Hazards
- Do You Qualify for a BMW Airbag Recall Lawsuit?
- Statute of Limitations for BMW Airbag Recall Lawsuits
- FAQs
- 1. What is the BMW airbag recall lawsuit about?
- 2. Which BMWs are being recalled for airbags?
- 3. How can I check if my BMW is affected?
- 4. What should I do if my BMW is part of the recall?
- 5. What are the potential risks associated with defective Takata airbags?
- 6. What compensation can victims receive?
- 7. How long does a lawsuit take?
- 8. Is there a cost to file a BMW Airbag lawsuit?
- 9. Can I still file a lawsuit if my accident happened years ago?
- 10. What makes Takata airbags dangerous?
- Get a Free BMW Airbag Recall Lawsuit Evaluation With Our Lawyers
- References
BMW Airbag Recall Lawsuit Overview
The BMW airbag recall lawsuit involves vehicles equipped with defective Takata airbag inflators that can explode during deployment, sending deadly metal fragments into the vehicle’s cabin.
Approximately 90,000 older model BMW vehicles in the United States are affected by this recall. These faulty airbags have been linked to dozens of deaths and over 400 injuries across the country. The U.S. National Highway Traffic Safety Administration (NHTSA) has issued urgent “Do Not Drive” warnings for affected vehicles.
Latest BMW Airbag Lawsuit Updates
September 5, 2023 – The NHTSA announced that 52 million airbag inflators manufactured by ARC Automotive and Delphi Automotive should be recalled due to their potential to rupture and eject dangerous metal fragments into vehicles’ cabins.
These defective inflators were installed in vehicles from model years 2000 through 2018, impacting multiple automakers, including BMW, General Motors, Ford, Stellantis, Tesla, Toyota, Hyundai, Kia, Mercedes-Benz, and Volkswagen.
“Air bag inflators that rupture when deployed are plainly defective, as they both fail to protect vehicle occupants and pose an unreasonable risk of serious injury or death,” NHTSA stated.
2022 – NHTSA reported that approximately 11 million vehicles with unrepaired Takata airbags remain on U.S. roads, despite multiple recalls and warnings.
2018 – The NHTSA warned BMW and 11 other automakers that they had failed to meet deadlines for replacing faulty airbags. The agency urged manufacturers to proactively locate at-risk owners.
NHTSA Reports and Statistics
The NHTSA has compiled extensive data on Takata airbag failures:
- Total Recalled Airbags: 67 million across 19 different automakers, making it the largest and most complex safety recall in U.S. history [1].
- Reported Injuries: Over 400 in the United States alone.
- Fatalities: Multiple confirmed deaths linked directly to airbag explosions.
- Unrepaired Vehicles: Approximately 11 million vehicles still have defective airbags as of 2022.
- Risk Factors: Age of vehicle (17-22 years old), heat, and humidity significantly increase failure rates.
BMW Airbag Injuries & Hazards
When Takata airbags malfunction during deployment, they can cause severe or fatal injuries to vehicle occupants due to the explosion of the metal canister.
- Lacerations and Cuts: Metal fragments can cause deep cuts and penetrating wounds
- Eye Injuries: Shrapnel can cause vision damage or blindness
- Face and Neck Trauma: Serious injuries to the face, neck, and head
- Internal Bleeding: Metal fragments can penetrate vital organs
- Death: Multiple fatalities have been directly linked to exploding airbags
Do You Qualify for a BMW Airbag Recall Lawsuit?
You may qualify for a BMW airbag lawsuit if:
- You owned or operated a BMW vehicle model listed in the recall (2000-2006 BMW 3 Series, 2000-2003 BMW 5 Series, 2000-2004 BMW X5, or other affected models).
- You or a passenger experienced injuries due to a malfunctioning or exploding airbag.
- The injuries required medical treatment or hospitalization.
- You can provide documentation of the accident and injuries.
Evidence Required for a BMW Airbag Lawsuit
- Medical Records: Documentation of injuries treated following the accident
- Vehicle Information: Proof of vehicle ownership and that it was part of the recall
- Accident Report: Police or insurance documentation of the accident
- Photographs: Images of injuries and vehicle damage
- Witness Statements: Accounts from passengers or witnesses to the accident
Damages You Can Recover
- Medical Expenses: Costs for emergency care, hospital stays, surgeries, and ongoing treatment
- Lost Wages: Compensation for time away from work during recovery
- Pain and Suffering: Damages for physical pain and emotional trauma
- Disability: Compensation for permanent injuries affecting quality of life
- Wrongful Death: Damages for families who lost loved ones due to airbag failures
How Different Areas Are Affected
Airbag failure risk is linked to temperature, humidity, and vehicle age. The U.S. has been divided into priority zones based on environmental conditions:
Priority | States Affected | Risk Timeline |
Zone A | CA, TX, LA, MS, AL, GA, SC, FL | 6-9 years |
Zone B | NV, AZ, NM, NE, KS, OK, MO, AR, IL, IN, OH, KY, TN, VA, WV, NC, PA | 10-15 years |
Zone C | AK, WA, OR, ID, MT, WY, UT, CO, ND, SD, MN, IA, WI, MI, NY, CT, VT, MA, RI, NH, ME | 15-20 years |
The current recall affects approximately 90,000 older model BMW vehicles in the United States equipped with Takata airbags that use volatile ammonium nitrate as a propellant.
Model Year Range | Model Name |
---|---|
2000-2006 | BMW 3 Series |
2000-2003 | BMW 5 Series |
2000-2004 | BMW X5 |
Previous BMW Airbag Recalls
BMW has issued multiple recalls due to defective Takata airbags, including:
- 2008-2013 BMW 1 Series
- 2000-2013 BMW 3 Series
- 2001-2003 BMW 5 Series
- 2013-2015 BMW X1
- 2007-2010 BMW X3
- 2001-2003, 2007-2013 BMW X5
- 2008-2014 BMW X6
- 2010-2011 BMW X6 Hybrid
For comprehensive and up-to-date information regarding the latest BMW recalls and lawsuits, we invite you to explore Schmidt & Clark, LLP’s website.
Takata Airbag Recall Failures
Millions of affected vehicles remain unrepaired, with key issues including:
- Delays in recall announcements
- Automakers failing to reach affected owners
- Shortages of replacement parts
In 2018, the NHTSA warned BMW and 11 other automakers that they had failed to meet deadlines for replacing faulty airbags. The agency has since urged manufacturers to proactively locate at-risk owners.
Related Articles:
See all related product liability lawsuits we’ve covered.
Takata Airbag Recall Information
This recall is part of the largest and most complex safety recall in U.S. history, affecting 19 different automakers and 67 million airbags.
- Years Impacted: 2002-2015
- Unrepaired Vehicles: 11 million as of 2022
Related Article: Malfunctioned Airbags Recall Lawsuit Update
Statute of Limitations for BMW Airbag Recall Lawsuits
The statute of limitations for filing a BMW airbag recall lawsuit varies by state but typically ranges from 1-6 years from the date of injury. Some states allow claims to be filed within a certain period after the defect was discovered or should have been discovered.
Given the complexity of these cases and varying state laws, it’s crucial to consult with an experienced attorney as soon as possible to ensure your rights are protected.
FAQs
1. What is the BMW airbag recall lawsuit about?
The BMW airbag recall lawsuit involves claims that certain BMW vehicles were equipped with defective Takata airbags that can explode during deployment, sending metal fragments into the vehicle’s cabin. These malfunctions have caused severe injuries and fatalities, and the lawsuit seeks compensation for affected individuals.
2. Which BMWs are being recalled for airbags?
The current recall affects 2000-2006 BMW 3 Series, 2000-2003 BMW 5 Series, and 2000-2004 BMW X5 vehicles. Previous recalls included additional models such as the 1 Series, X1, X3, X6, and X6 Hybrid from various model years.
3. How can I check if my BMW is affected?
You can check if your BMW is affected by an airbag recall by clicking this link [4]. You can also visit the NHTSA website and enter your Vehicle Identification Number (VIN), or contact your local BMW dealership.
4. What should I do if my BMW is part of the recall?
NHTSA’s Urgent Recommendation
NHTSA urges affected BMW owners to stop driving immediately and contact their local dealership. Repairs, mobile repair services, and towing are available for free.
“These vehicles are 17 to 22 years old, and the risk to vehicle occupants is dire,” NHTSA stated. “These are some of the oldest recalled Takata airbags and have an extremely high probability of failure.”
5. What are the potential risks associated with defective Takata airbags?
Defective Takata airbags can deploy explosively, causing metal fragments to spray into the vehicle’s cabin. This malfunction can lead to severe injuries, including lacerations, eye damage, internal organ damage, and even death.
6. What compensation can victims receive?
Victims may receive compensation for medical expenses, lost wages, pain and suffering, disability, and wrongful death claims related to defective BMW airbags. Settlement amounts vary based on injury severity and individual circumstances.
7. How long does a lawsuit take?
Legal timelines vary, but BMW airbag lawsuits typically take several months to years, depending on case complexity, evidence strength, and whether the case settles or goes to trial.
8. Is there a cost to file a BMW Airbag lawsuit?
Most attorneys handling BMW airbag lawsuits work on a contingency fee basis, meaning there are no upfront costs to file a claim. Attorneys receive a percentage of the settlement or verdict only if your case is successful.
9. Can I still file a lawsuit if my accident happened years ago?
Possibly, depending on your state’s statute of limitations and when the defect was discovered. An experienced attorney can evaluate your specific situation and determine eligibility.
10. What makes Takata airbags dangerous?
Takata airbags use ammonium nitrate as a propellant, which can degrade over time, especially in hot, humid conditions. This degradation can cause the inflator to rupture during deployment, resulting in metal fragments being projected through the airbag.
Get a Free BMW Airbag Recall Lawsuit Evaluation With Our Lawyers
Time is limited to pursue legal action for injuries caused by defective BMW airbags. Many states have statutes of limitations as short as 1-2 years from the date of injury, making immediate action essential to preserve your legal rights.
Schmidt & Clark, LLP offers:
- Free, confidential consultations to evaluate your case.
- No upfront costs or fees for representation.
- Payment only if we win your case.
- Experienced attorneys who have successfully handled complex product liability cases.
References
1. https://www.nhtsa.gov/vehicle-safety/takata-recall-spotlight