Toyota Airbag Lawsuit: Get the Right Lawyer

Toyota vehicles may have airbag inflators made by ARC Automotive or Delphi. NHTSA made an initial decision that these inflators are defective. Plaintiffs in a federal case allege they can rupture and throw metal fragments, injuring or killing occupants.

NHTSA’s decision covers about 52 million inflators and names Toyota among 12 vehicle makers. As of December 2024, no ARC recall has been ordered and no ARC settlement exists.

Putative class actions against ARC and automakers are centralized as MDL No. 3051 in Georgia. The order names ARC, General Motors and FCA US as defendants.

Latest Toyota Airbag Lawsuit Updates

December 18, 2024: NHTSA Says More Investigation Is Needed

The Associated Press reported that NHTSA issued a Federal Register document dated December 13, 2024. The agency said further investigation is warranted before any ARC recall decision [1].

NHTSA said it would send more information requests to ARC, vehicle makers and air bag-module makers. AP said the step followed industry comments that showed a need for more investigation.

October 5, 2023: NHTSA Holds Public Meeting on Inflators

NHTSA held a public meeting in Washington, DC on its initial decision. That decision says ARC and Delphi inflators built through January 2018 are defective [2]. Written comments were due October 20, 2023.

September 5, 2023: NHTSA Issues Initial Decision on ARC Inflators

NHTSA issued an initial decision on frontal driver and passenger air bag inflators made by ARC and Delphi through January 2018. It found they contain a safety defect and should be recalled.

The decision covers about 52 million inflators. It names 12 vehicle makers that used them, including Toyota. It is initial and not yet final.

March 22, 2023: Michigan Rupture Injures Chevrolet Traverse Driver

In Michigan, a driver-side inflator in a model year 2017 Chevrolet Traverse ruptured, and the driver sustained injuries to the face. NHTSA’s decision lists it as the most recent of seven U.S. ruptures.

None of the seven ruptures on that list involved a Toyota. The list spans four vehicle makers: Chrysler, Kia, Chevrolet and Audi.

December 15, 2022: JPML Centralizes ARC Airbag Inflator Cases

The Judicial Panel on Multidistrict Litigation moved the ARC airbag inflator class actions to the Northern District of Georgia as MDL No. 3051.

The case went before Judge Eleanor L. Ross. Seventeen actions were pending in twelve districts when the panel centralized them.

What Is an ARC Airbag Inflator?

According to NHTSA’s initial decision, the inflators in question are “hybrid, toroidal inflators” [3]. A hybrid inflator uses stored gas that the propellant excites to fill the air bag cushion.

ARC made the units NHTSA reviewed, starting in 2000. Delphi built part of them under license from ARC, according to NHTSA’s decision.

Who May Be Affected?

Vehicles with ARC or Delphi airbag inflators made through January 2018 are the focus. NHTSA’s decision covers about 41 million made by ARC from 2000 until a borescope check began in January 2018.

Another 11 million came from Delphi. They went into vehicles of 12 makers, including Toyota Motor North America. The makers will decide the exact vehicles, models and years.

Toyota Motor North America is not among the responding defendants named in the panel’s order. Toyoda Gosei North America Corp., a maker of air bag modules, is.

The order lists the plaintiffs’ alleged losses as economic. Examples are lost value and loss of use. Whether you qualify depends on your vehicle, its inflator maker and your facts, so only an individual legal review can say.

Reported Injuries or Damages

NHTSA’s initial decision says a rupturing inflator can send metal fragments into the passenger compartment. It believes ruptures “may result from the weld slag produced by the friction welding manufacturing process.”

The decision says: “At least seven people have been injured and one person has been killed by these rupturing air bag inflators within the United States.”

Complaints in MDL No. 3051 allege injury or death and economic loss. No court has decided those claims. A report of a rupture does not prove an inflator caused every injury.

Recall and Regulatory Background

The decision says the makers would carry out any recall. They would also decide the exact vehicles, makes and years. A recall does not prove liability by itself.

In May 2017, Toyota agreed to Takata settlements, as Bloomberg reported [4]. They covered economic losses. Takata is a different inflator maker.

Evidence to Preserve

Keep these records after an airbag injury or a suspected airbag defect:

• Your vehicle ID number, registration and any recall notices.
• Repair and dealer records, especially airbag replacement.
• Photos of the vehicle, the airbag and any fragments.
• Police and crash reports.
• Medical records and bills.
• Messages with Toyota, the dealer or your insurer.
• Purchase or lease paperwork.

Filing Deadlines

Filing deadlines for an airbag injury claim exist and come from state law. They depend on where you live and when the injury and its cause were discovered.

A missed deadline can end an airbag claim, even one with strong facts. A lawyer can check which deadline applies to your situation, so ask promptly.

Frequently Asked Questions

Can I Sue Toyota for a Defective Airbag?

A Toyota airbag lawsuit needs an injury or loss tied to the defect. Whether a claim exists depends on the vehicle, the inflator maker and the facts of the crash.

What Does the Research Say About ARC Airbag Inflators?

Research on ARC airbag inflators comes mainly from NHTSA. Its initial decision says ruptures may result from weld slag produced by the friction welding process. The agency’s list of confirmed ruptures names four vehicle makers and no Toyota.

What Do Plaintiffs Allege in the ARC Airbag Litigation?

Plaintiffs in the ARC airbag litigation allege that vehicle makers knew or should have known of the inflator defect. They also allege that the recalls issued so far by various manufacturers have been inadequate. These are allegations only.

What Happened to Delphi, the Other Inflator Maker?

Delphi, the other inflator maker, no longer exists as the entity that made these inflators, NHTSA notes. Delphi Automotive Systems LLC built them under ARC license. The agency’s decision still covers Delphi inflators made through January 2018.

References

1. https://www.ksat.com/business/2024/12/18/us-retreats-from-massive-air-bag-recall-and-says-industry-comments-show-need-for-more-investigation/
2. https://www.nhtsa.gov/events/public-meeting-arc-delphi-air-bag-inflators
3. https://www.nhtsa.gov/sites/nhtsa.gov/files/2023-09/ARC-Initial%20Decision-9-5-23-signed.pdf
4. https://www.industryweek.com/operations/safety/article/22016999/toyota-carmakers-to-pay-553-million-over-air-bag-losses