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Table Of Contents
- NHTSA Urges Recall of 52 Million Airbags
- What Vehicle Owners Should Do?
- What’s the Problem with General Motors Airbags?
- Affected Vehicles
- Ignition Switch Defect Injuries
- GM Defective Ignition Switches and Statistics
- Did Your Vehicle’s Airbag Fail to Deploy?
- How to Navigate the GM Airbag Recall Lawsuit Process?
- How Can an Experienced Airbag Lawyer Help?
- FAQs
- Get a Free GM Airbag Lawsuit Evaluation With Our Lawyers
NHTSA Urges Recall of 52 Million Airbags
The National Highway Traffic Safety Administration (NHTSA) has issued a warning for 52 million airbags installed in General Motors (GM) vehicles and models from 11 other automakers [1].
These airbags present a significant safety risk to drivers and passengers, prompting mandatory recalls. Below is a streamlined breakdown of key findings, incidents, and next steps.
Key Timeline of Airbag Investigations
NHTSA’s extensive investigation spanned over a decade, uncovering major safety defects:
- 2000-2018: Defective airbag inflators by ARC and Delphi were widely installed in vehicles.
- 2015: Initial reports of airbag malfunctions surfaced, triggering a preliminary inquiry.
- 2016: NHTSA launched a formal investigation following multiple incidents of airbag failures.
- 2023: After an exhaustive investigation, NHTSA declared the airbag inflators defective and requested recalls, which were rejected by ARC Automotive.
- 2024: Mandatory recalls were enforced after conclusive evidence of systemic flaws was presented.
Injury Reports: Alarming Data
The investigation linked defective airbags to multiple injuries and fatalities, emphasizing the urgency of this recall:
- Reported Injuries: At least 7 cases in the U.S. and Canada, including serious trauma caused by shrapnel from exploding inflators.
- Confirmed Fatalities: Two deaths have been directly connected to these defective airbag systems.
High-Risk Vehicles and Locations
Understanding where and in which models incidents are occurring can help prioritize recall efforts:
Affected Vehicle Models:
- Most incidents occurred in 2000-2005 models, where defective inflators were most commonly installed.
- In addition to being installed in GM automobiles, the airbag systems in question can be found in 2000 to 2018 models manufactured by BMW, Ford, Hyundai, Kia, Maserati, Mercedes-Benz, Porsche, Stellantis, Tesla, Toyota and Volkswagen.
Geographic Hotspots:
- U.S. States: California, Texas, and Florida report the highest number of incidents due to higher vehicle density.
- Canada: Incidents are concentrated in urban centers like Toronto and Vancouver.
Defect Findings: Manufacturing Failures Exposed
A closer look into the flawed production processes reveals why these airbags are failing:
- Welding Errors: Poor manufacturing practices led to weld slag, which clogs the airbag inflator vents.
- Pressure Build-Up: Clogged vents caused excessive pressure during deployment, resulting in catastrophic failures.
- Rigorous Testing: Crash simulations and material analysis confirmed systemic defects, necessitating immediate recalls.
These air bag inflators may rupture when the vehicle’s airbag is commanded to deploy, causing metal debris to be forcefully ejected into the passenger compartment of the vehicle, a rupturing air bag inflator poses an unreasonable risk of serious injury or death to vehicle occupants. – NHTSA said.
What Vehicle Owners Should Do?
If your vehicle is part of the GM airbag recall, taking prompt action is critical for your safety. Follow this streamlined guide to check your vehicle’s recall status, schedule repairs, and stay compliant.
Step 1: Check Your VIN for Recalls
- Locate Your VIN: Find the 17-digit Vehicle Identification Number (VIN) on the lower left of your windshield, vehicle registration card, or insurance card.
- Use Online Tools: Visit the NHTSA VIN Lookup Tool or GM’s recall page to confirm if your vehicle is affected.
- Double-Check: Verify your recall status on both platforms to avoid missing critical information.
Step 2: Contact a Certified GM Dealer
- Find an Authorized Dealer: Use GM’s dealer locator to identify certified dealerships in your area.
- Inquire About Repairs: Call or visit the dealership’s website, providing your VIN to confirm recall specifics and repair availability.
- Ask About Parts: Confirm that the dealer has the necessary replacement parts before scheduling an appointment.
Step 3: Gather Essential Documents
- Prepare Your Records:
- Vehicle registration
- Proof of ownership (title or purchase agreement)
- Any recall-related notices from GM or NHTSA
- Track Interactions: Keep a record of all communications with the dealership, noting dates, times, and contact names.
Step 4: Schedule and Complete Repairs
- Book Your Appointment: Once your vehicle is confirmed for recall repairs, schedule a service appointment with the dealer.
- Confirm Details: Ask how long repairs will take and whether loaner vehicles are available during the service.
- Prepare Your Vehicle: Ensure your car is accessible and clean for service technicians.
Step 5: Verify Post-Repair Work
- Inspect Repairs: After the service, check that all work has been completed to your satisfaction.
- Request Written Confirmation: Obtain documentation from the dealer confirming the recall repairs.
- Stay Updated: Regularly check NHTSA or GM for future recalls that could affect your vehicle.
By following these steps, you can address the GM airbag recall efficiently and ensure your vehicle is safe for the road. Regularly checking for recalls and staying proactive about repairs helps protect you and your passengers from potential risks associated with defective airbags.
What’s the Problem with General Motors Airbags?
GM airbags have failed to deploy or deployed too late in thousands of car crashes across the U.S. This problem has been linked to faulty ignition switches.
Because faulty ignition switches can shift from on to off, they could shut off the engine while driving, thus preventing airbags from deploying.
During congressional testimony, GM initially argued that its vehicles’ airbags could deploy for 60 seconds after the engine stalled.
However, the company later told the Associated Press that the airbags can only deploy for about 150 milliseconds after an engine stall.
According to the National Highway Transportation Safety Association (NHTSA), from 1990 to 2007, the deaths of 284 Americans, including 180 children, were due to a defective airbag. Thousands of non-fatal airbag injuries also occurred [2].
If you suffered an injury or a loved one was killed by a defective airbag, contact Schmidt & Clark, LLP, today. A defective airbag attorney from our firm can help you get the compensation you deserve.
Problem With General Motors Airbag Crash Sensors
Malfunctioning crash sensors can lead to improper airbag deployment.
Defective sensors can fail to function properly because of bad wiring, faulty electronic control units, or poor design and testing of the vehicle’s crash-worthiness, and because of the way the airbags react to a collision.
In some cases, one airbag will deploy for one vehicle occupant while another will fail to protect a passenger or driver in another portion of the car.
Manufacturers may even cut corners when it comes to crash sensors, providing an inadequate number throughout the vehicle or using sensors that fail to deploy airbags during a collision.
Affected Vehicles
Cadillac
- Escalade (1998-2000, 2002-2006, 2007-2014): Defective inflators risk shrapnel injuries during deployment.
- Escalade ESV (2007-2014): Same defect as the Escalade.
- Escalade Hybrid (2009-2013): Same defect as the Escalade.
- SRX (2004-2009, 2010-2014): Airbag inflators may rupture during deployment.
GMC
- Yukon (1999-2014): Explosive inflators may cause shrapnel injuries.
- Yukon XL (2000-2014): Same defect as the Yukon.
- Envoy (1998-2000, 2002-2009): Inflators may rupture during deployment.
- Acadia (2007-2014): Risk of airbag inflator explosion.
- Terrain (2010-2014): Similar issues as the Acadia.
Chevrolet
- Tracker (1999-2004): Defective inflators may explode, causing shrapnel injuries.
- Suburban (1999, 2000-2006, 2007-2014): Same airbag inflator defect as Tracker.
- Blazer (1999-2005): Airbag inflators may rupture during deployment.
- TrailBlazer (2001-2009): Same defect as Blazer.
- Traverse (2008-2014): Driver’s-side airbag inflator may explode, risking injury or death.
- Silverado (1998-2014): Exploding airbag inflators may cause serious harm.
- Tahoe (1994-2014): Similar defect as Silverado.
- Equinox (2004-2014): Airbag inflators may rupture, risking shrapnel injuries.
- Trax (2015): Inflator defect similar to Equinox.
- GMT800 Heavy Duty Truck (2000-2007): Exploding airbag inflators risk occupant injuries.
- C1500 and K1500 (1999-2000): Airbag inflators may rupture during deployment.
- Sierra (1999-2000): Same defect as C1500 and K1500.
- Astro (1999-2005): Defective inflators may explode, causing injury.
- Avalanche (2002-2013): Airbag inflators may rupture, risking severe injury.
- Express Van (1996-2014): Airbag deployment risks shrapnel injuries due to inflator defects.
- Colorado (2004-2012): Similar defect to Express Van.
- Caprice (1991-1996): Early models included defective airbag inflators with rupture risk.
- Lumina (1990-2001): Inflators risk rupturing during deployment.
- Impala (2000-2013): Driver’s-side inflator defect risks shrapnel injuries.
- HHR (2006-2011): Defective airbag inflators with rupture potential.
- Camaro (1993-2002): Inflator defects risk shrapnel during airbag deployment.
Buick
- Encore (2012-2014): Driver-side inflator explosion risk.
- Enclave (2008-2014): Same defect as Encore.
- Rainier (2004-2014): Inflator rupture during deployment.
Isuzu
- Trooper (1999-2002): Defective inflators risk explosion.
- Amigo (1998-2004): Inflator rupture risk.
- Rodeo (1998-2004): Same defect as Amigo.
- VehiCROSS (1999-2001): Inflators risk rupture.
- Axiom (2001-2004): Exploding inflators.
- Ascender (2002-2008): Inflator rupture during deployment.
- H-Series (2003-2014): Same defect as Ascender.
Ignition Switch Defect Injuries
Airbags are essential safety devices in vehicles, but when they malfunction—by failing to deploy or deploying incorrectly—they can cause severe injuries.
The following is an exploration of the most common airbag-related injuries, their medical implications, recovery timelines, and potential settlement ranges.
Fractures and Dislocations
Airbag malfunctions can lead to broken bones or dislocated joints, transforming a safety feature into a source of harm.
- Severity Levels: Injuries range from mild fractures to severe dislocations requiring surgery.
- Medical Implications: Treatment may include immobilization, surgery, and physical therapy.
- Recovery Timeline: Simple fractures heal in 6–8 weeks, while complex cases may take months.
- Settlement Ranges: Compensation can range from $30,000 to $150,000 depending on the extent of the injury.
Burn Injuries
Burns caused by airbags can result from chemical reactions, friction, or heat. These injuries may be underestimated but often require significant care.
- Severity Levels: From first-degree (redness) to third-degree burns (skin loss).
- Medical Implications: Wound care, pain management, and sometimes skin grafts are needed.
- Recovery Timeline: Minor burns heal within weeks, but severe cases may take months.
- Settlement Ranges: Burn injury claims typically fall between $50,000 and $250,000.
Brain Injuries
Brain injuries from airbag malfunctions can have lasting consequences. These injuries occur when airbags deploy late or not at all, leaving passengers unprotected.
- Real Case Example: A driver sustained a concussion after hitting the steering wheel due to a late airbag deployment.
- Medical Implications: Symptoms include headaches, dizziness, and cognitive impairment. Severe cases may lead to long-term disabilities.
- Recovery Timeline: Concussions resolve in 7–10 days; more severe brain injuries can take years.
- Settlement Ranges: Brain injury cases often result in settlements between $100,000 and millions of dollars.
Facial Injuries
Airbag malfunctions can lead to devastating facial injuries, leaving physical and emotional scars.
- Severity Levels: Injuries include lacerations, broken bones, and jaw fractures.
- Treatment Options: Repairing these injuries often requires surgery or cosmetic procedures.
- Recovery Timeline: Soft tissue injuries may heal in weeks, while bone fractures can take several months.
- Settlement Ranges: Compensation for facial injuries can range from $50,000 to $300,000.
Neck and Spine Trauma
Airbags are meant to protect your neck and spine, but defects can lead to whiplash or spinal cord injuries.
- Severity Levels: Ranges from mild whiplash to permanent spinal cord damage.
- Medical Implications: Physical therapy is common for mild injuries; severe cases may require surgery or lifelong care.
- Recovery Timeline: Whiplash may heal in weeks, but spinal cord injuries often result in permanent disability.
- Settlement Ranges: Claims for neck and spinal injuries vary from $25,000 to over $1 million.
Nerve and Soft Tissue Damage
When airbag defects cause nerve or soft tissue damage, victims may endure chronic pain and limited mobility.
- Medical Implications: Recovery may involve physical therapy or surgery for severe damage.
- Recovery Timeline: Healing can take weeks to years depending on severity.
- Settlement Ranges: Compensation ranges from $30,000 to $200,000 based on the injury’s impact on daily life.
Internal Injuries
Internal injuries caused by airbag malfunctions often require immediate medical attention and are potentially life-threatening.
- Severity Levels: Internal bleeding and organ damage are among the most severe consequences.
- Medical Implications: Emergency surgery and intensive care are often necessary.
- Recovery Timeline: Healing depends on the severity but typically requires weeks to months.
- Settlement Ranges: Settlements for internal injuries frequently exceed $500,000.
Deep Lacerations
Exploding airbag inflators can cause deep cuts and significant blood loss.
- Severity Levels: Injuries range from superficial cuts to deep lacerations requiring surgery.
- Medical Implications: Severe cases may involve stitches, reconstructive surgery, and monitoring for infection.
- Recovery Timeline: Minor cuts heal in days, while severe lacerations take weeks or months.
- Settlement Ranges: Laceration claims typically range between $20,000 and $150,000.
Airbag malfunctions pose a significant risk to vehicle occupants, with injuries ranging from minor burns to life-altering spinal damage.
Understanding the potential consequences and seeking timely legal counsel can help victims secure the compensation they deserve for medical expenses and suffering.
GM Defective Ignition Switches and Statistics
Nearly 3 million GM vehicles have been recalled due to a critical defect in their ignition switches that could cause dangerous malfunctions while driving.
Coupled with defective airbags affecting millions of vehicles worldwide, these issues highlight the need for urgent attention to safety.
In addition to the ignition switch issue, GM vehicles are part of the broader Takata airbag recall, which has affected over 10.5 million vehicles globally.
The defective airbag inflators can explode with excessive force, releasing shrapnel and posing serious risks to occupants.
Real Consequences:
- In one case, a Georgia woman suffered blindness in one eye when the airbag inflator exploded.
- GM recalled 33,000 Chevrolet Cruze sedans in North America following this incident and the subsequent lawsuit.
The Bigger Picture: Impacts and Numbers
- Vehicles Affected: More than 30 million GM vehicles globally have been recalled due to defective ignition switches and airbags.
- Linked Fatalities: At least 124 deaths are tied to ignition switch failures, primarily because airbags failed to deploy during crashes.
- Serious Injuries: Over 274 injuries have been reported, ranging from traumatic brain injuries to spinal damage.
These recalls underscore the importance of stringent safety standards and corporate accountability in the automotive industry.
With millions of vehicles impacted and lives lost or forever changed, staying informed and proactive is the best way to ensure safety. Check your vehicle, get repairs done promptly, and stay vigilant on the road.
Related Article: GM RoofRail Airbag Failure Lawsuits
Did Your Vehicle’s Airbag Fail to Deploy?
Airbags protect occupants of a vehicle in front-end collisions, among other types of accidents.
Airbags do not discriminate between those who are at fault for causing an accident and those who are not at fault.
In other words, even if the accident was your fault, the airbag should still protect you.
Crash-worthiness cases related to General Motors ignition switches and airbag failures are being handled by the attorneys at Schmidt & Clark, LLP.
If airbags fail to work properly and you are injured as a result, you may be able to file a class action suit against the maker of the car.
If you’re impacted by the GM airbag recall, understanding the legal steps to seek compensation is essential. This guide breaks down filing deadlines, required documentation, class action participation, individual claims, and settlement timelines.
1. Know Your Filing Deadlines
- General Deadline: Claims must be filed within three years of the incident or as per your state’s statute of limitations.
- Specific Cases:
- Incidents before April 10, 2018: Filing deadline was April 10, 2021.
- Incidents after April 10, 2018: File within three years of the incident date.
2. Gather Essential Documentation
Having the right documents strengthens your claim:
- Proof of Ownership: Provide vehicle registration or title.
- Incident Reports: Include police reports and accident details.
- Medical Records: Submit proof of treatment for injuries caused by airbag malfunctions.
- Claim Form: Complete the official claim form outlining your damages.
- Communication Records: Keep copies of correspondence with GM or legal representatives.
3. Should You Join a Class Action Lawsuit?
- Eligibility: Owners or lessees of affected GM vehicles may qualify, especially if they’ve experienced airbag failures.
- Steps to Join:
- Review the class action notice for your vehicle.
- Contact the managing law firm to enroll.
- Submit necessary information and supporting documents.
4. Filing an Individual Claim
If a class action doesn’t suit your case:
- Hire an Attorney: Consult a legal expert specializing in auto defects.
- Submit Your Claim: File with GM or through legal representation, including all necessary documents.
- Track Progress: Stay in touch with your attorney or claims agent for updates.
5. Understand Settlement Timelines
- Initial Review: Claims are usually reviewed within 30 days to a few months.
- Negotiations: Settlement discussions can last weeks or months, depending on complexity.
- Payment: Approved settlements are typically disbursed within 30-60 days of agreement finalization.
Taking action on the GM airbag recall requires meeting deadlines, submitting accurate documentation, and choosing the right legal pathway—class action or individual claim.
Staying informed and consulting legal experts ensures you maximize your chances of obtaining fair compensation. Don’t delay; act now to protect your rights.
How Can an Experienced Airbag Lawyer Help?
Experienced lawyers can help with legal claims involving defective GM ignition switches that may have caused an airbag not to deploy.
An experienced attorney can investigate your claim related to a defective airbag and can counsel you on whether a lawsuit can be filed.
Legal claims have deadlines, so if you think suffered a serious injury, you should contact a lawyer today for information about a defective product.
An experienced lawyer can provide you with legal advice concerning filing an individual lawsuit, monitoring deadlines, tracking proposed settlements, filing claims, and providing general legal advice.
Please contact us if you would like more information concerning whether GM recalls may affect the vehicle at issue and what your rights are about a recall and for any news or updates concerning recalled vehicles.
GM airbag lawsuits are the byproduct of corporate behavior placing profits over safety.
Oftentimes a corporation, like GM, will put a component in a vehicle due to cost concerns rather than safety.
When this occurs, an experienced GM ignition switch attorney will gather the facts and evidence necessary to file a lawsuit against GM related to the ignition switch defect.
FAQs
What compensation can be sought in a GM airbag lawsuit?
Compensation in a GM airbag lawsuit can include medical expenses, lost wages, pain and suffering, rehabilitation costs, and other related expenses. In some cases, punitive damages may also be awarded to penalize the manufacturer for negligence.
How can drivers determine if their vehicle’s airbags are defective?
Drivers can determine if their vehicle’s airbags are defective by checking for recall notices from GM, consulting with their dealership, and monitoring any unusual airbag warning lights or malfunctions during vehicle operation.
What steps should I take if I am injured by a defective GM airbag?
If injured by a defective GM airbag, seek immediate medical attention, document the injury and any treatments, retain medical records and vehicle information, and consult a lawyer to discuss potential legal action and compensation.
Can I join a class action lawsuit if I was affected by defective GM airbags?
Yes, individuals affected by defective GM airbags may join a class action lawsuit if one is available. Class action lawsuits allow multiple plaintiffs to combine their cases, providing a stronger collective legal action against the manufacturer.
Related Articles:
- Pontiac Vibe Recall Defective Airbag Lawsuit
- What Is the Average Settlement for Airbags Not Deploying?
- What is a Manufacturer Defect?
See all related product liability lawsuits we’ve covered.
Get a Free GM Airbag Lawsuit Evaluation With Our Lawyers
The Product Liability Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in GM Airbag Lawsuits.
We are handling individual litigation nationwide and currently accepting new injury and death cases in all 50 states.
Again, if you or a loved one were injured or killed in an auto accident while driving a GM vehicle where the airbags failed to deploy, you should fill out the form below and contact the law firm of Schmidt & Clark, LLP, immediately a free consultation.
You may be entitled to a settlement for medical costs and a lawyer can help.
References:
- https://www.cbsnews.com/news/arc-delphi-airbag-recall-52-million-nhtsa/
- https://www.nhtsa.gov/vehicle-safety/takata-recall-spotlight
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