{"id":8381,"date":"2021-03-23T12:43:48","date_gmt":"2021-03-23T16:43:48","guid":{"rendered":"http:\/\/localhost:10028\/uncategorized\/your-airbag-failed-now-what\/"},"modified":"2021-03-23T12:43:48","modified_gmt":"2021-03-23T16:43:48","slug":"your-airbag-failed-now-what","status":"publish","type":"post","link":"https:\/\/napolilaw.lemonadestand.org\/en\/article\/your-airbag-failed-now-what\/","title":{"rendered":"Your Airbag Failed, Now What?"},"content":{"rendered":"

Since the first appeared in the 1970s, airbags have saved thousands of lives.<\/p>\n

Most people do not know it, but the airbag is an engineering marvel. A chemical propellant must rapidly inflate the bag upon impact, yet not trigger an airbag explosion. In other words, an airbag has lots of moving parts.<\/p>\n

As outlined below, Takata took dangerous shortcuts during the airbag manufacturing process.<\/p>\n

These shortcuts led to a record-high $1 billion fine and roughly 70 million airbag recalls. According to the most recent data, as many as five million<\/a> of these cars are still on the road.<\/p>\n

Recall notices only went to record owners, and many of these vehicles are on their third or fourth owner. More on that below.<\/p>\n

Takata declared bankruptcy shortly after regulators handed down this fine.<\/p>\n

But the bankruptcy court insisted that Takata form a victims\u2019 compensation fund. Additionally, a Chinese company acquired Takata a short time later.<\/p>\n

So, if you or a loved one was injured or killed because of an airbag failure, you have legal options.<\/p>\n

However, these claims are complex. They always are when bankruptcy law is involved. Therefore, only the most experienced New York personal injury attorneys<\/a> should handle these claims.<\/p>\n

That\u2019s the best way, and usually the only way, to ensure full and fair compensation for all serious injuries involved.<\/p>\n

Why Takata\u2019s Airbags Failed<\/h2>\n

A dangerous chemical propellant caused Takata\u2019s airbags to fail. Manufacturers are strictly liable for such manufacturing defects.<\/p>\n

Until the mid-1990s, Takata used tetrazole to inflate its airbags.<\/p>\n

This stable chemical met the criteria mentioned above. It inflated airbags in the blink of an eye, but did not trigger explosions.<\/p>\n

However, it was expensive and difficult to acquire. So, the company switched to ammonium nitrate. It was the only company to use this chemical, so it bucked the industry standard.<\/p>\n

Ammonium nitrate is inherently unstable. This instability worsens in high heat and humidity environments.<\/p>\n

Yet Takata ignored the risks because, according to one scientist, \u201cit\u2019s cheap, unbelievably cheap<\/a>.\u201d<\/p>\n

Unfortunately for consumers, the company did not just ignore the risk, it falsified or destroyed documents and studies which warned of the dangers.<\/p>\n

So, many people did not realize they were driving time bombs.<\/p>\n

Legal Responsibility<\/h2>\n

As mentioned, manufacturers are strictly liable for injuries related to a manufacturing defect.<\/p>\n

Manufacturers are also strictly liable for injuries due to a failure to warn. So, to obtain compensation, these victims must only prove that the defective product caused their injury.<\/p>\n

In most cases, this evidence is rather straightforward.<\/p>\n

The chemical propellant is clearly responsible for an airbag explosion. These explosions cause the steering column to explode. That even blasts drivers with shrapnel.<\/p>\n

In a tragedy this big, there is usually more than one responsible party.<\/p>\n

Automakers who failed to notify actual owners about defective airbags could be partially responsible as well.<\/p>\n

Procedurally, most victims file claims against Takata. Then, the company can try to place some of the blame on an automaker.<\/p>\n

Your Claim for Damages<\/h2>\n

The aforementioned fine included a $125 million victims\u2019 compensation fund.<\/p>\n

That sounds like a lot of money, but it will disappear fast.<\/p>\n

Damages in a wrongful death case usually include compensation for lost future earnings and loss of future emotional support. These two categories alone could exceed $1 million.<\/p>\n

Moreover, the trust fund administrator, who evaluates claims, does not represent victims. Essentially, this person represents the fund.<\/p>\n

Thus, many trust administrators try to pay as little compensation as possible, in order to make the fund last longer.<\/p>\n

A New York personal injury attorney, on the other hand, represents you.<\/p>\n

Our attorneys are not satisfied with anything less than the best possible result under the circumstances.<\/p>\n

Since the facts in these claims are usually straightforward, compensation should be high. That\u2019s the only way these victims and survivors can move on with their lives.<\/p>\n

Alternatively, victims could file claims against Key Safety Systems, the company which bought Takata.<\/p>\n

Since this company is Chinese, there are some significant procedural hurdles.<\/p>\n

Furthermore, a company which emerges from bankruptcy is not the same legal entity as the company which filed. Once again, a strong attorney is essential in these situations.<\/p>\n

Defective airbag victims have legal options. For a free consultation with an experienced personal injury attorney in New York<\/a>, contact Napoli Shkolnik .<\/p>\n","protected":false},"excerpt":{"rendered":"

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