Airbag Defects and Car Accidents

The Bottom Line

Airbag defects are among the most dangerous vehicle defects because they fail at the exact moment you need protection most -- or they activate when they should not. Claims can target the airbag manufacturer, the vehicle manufacturer, or both. In North Carolina, these cases require proof of a specific defect, expert analysis of crash data, and careful preservation of the airbag module and vehicle electronics.

Types of Airbag Failures

Airbag systems are complex, and they can fail in multiple ways. Each type of failure presents a different danger and requires different evidence to prove.

Failure to Deploy

This is the most common airbag defect allegation. The vehicle is involved in a crash that should have triggered airbag deployment, but the airbags do not inflate. Failure to deploy can result from:

• Defective crash sensors that fail to detect impact severity correctly
• Faulty wiring or connectors that prevent the deployment signal from reaching the airbag module
• Software errors in the airbag control module that miscalculate crash severity
• Defective inflator mechanisms that receive the deployment signal but fail to ignite the propellant
• Corrosion or degradation of electrical components over time

The critical challenge in failure-to-deploy cases is distinguishing between "the airbag was defective" and "the crash did not meet the deployment threshold." Not every crash triggers airbag deployment, and manufacturers design these systems with specific severity thresholds. This is where event data recorder (EDR) analysis becomes essential.

Deploying in a Minor Collision

Airbags are designed to deploy only when crash forces exceed a specific threshold -- typically a frontal impact equivalent to hitting a rigid wall at approximately 8 to 14 mph. When an airbag deploys in a low-speed parking lot collision, a minor rear-end impact, or a bump that should not have triggered the system, the deployment itself causes injuries that the occupant would not otherwise have suffered.

Unnecessary deployment injuries include facial fractures, chemical burns from the propellant gases, corneal abrasions and eye injuries, hearing damage from the explosive inflation sound, and chest injuries from the force of the bag.

Excessive Deployment Force

Even when an airbag deploys in the correct circumstances, the force of deployment can be excessive. Airbags inflate at speeds up to 200 mph and exert significant force against the occupant. If the system is calibrated improperly -- inflating with too much force for the occupant's size, position, or the crash severity -- the airbag itself can cause serious injuries including:

• Broken facial bones and skull fractures
• Cervical spine injuries
• Chest and rib injuries
• Injuries to children or small-statured adults caused by systems not calibrated for their size

Shrapnel from Defective Inflators

This is the failure mode at the center of the Takata airbag recall -- the largest automotive recall in history. When the airbag inflator ruptures instead of deploying normally, it sends metal fragments through the airbag cushion and into the vehicle cabin at high velocity. These shrapnel injuries are often catastrophic and have been fatal in multiple documented cases.

Late or Partial Deployment

An airbag that deploys a fraction of a second too late provides significantly less protection. And an airbag that only partially inflates -- due to a leak in the cushion, an insufficient propellant charge, or a manufacturing defect -- may allow the occupant to strike the steering wheel, dashboard, or other interior surfaces with force that a properly functioning airbag would have absorbed.

The Takata Airbag Recall

The Takata airbag recall is the largest automotive recall in United States history. Understanding it is important because millions of affected vehicles remain on NC roads, and some have not yet been repaired.

What Happened

Takata, a Japanese manufacturer that supplied airbag inflators to virtually every major automaker, used ammonium nitrate as the propellant in their inflator canisters. Over time -- particularly in hot, humid climates -- the ammonium nitrate degraded, causing the metal inflator canister to rupture violently upon deployment instead of inflating the airbag cushion in a controlled manner.

When these defective inflators ruptured, they sent metal shrapnel into the vehicle cabin. At least 27 deaths and more than 400 injuries worldwide have been attributed to Takata inflator ruptures. The actual numbers are likely higher because not all cases have been conclusively linked to the defect.

The Scale of the Recall

• 67 million airbag inflators recalled in the United States across multiple phases
• 19 major automakers affected, including Honda, Toyota, Ford, BMW, Chrysler, General Motors, Nissan, Subaru, and others
• Recall began in 2008 and expanded dramatically through 2015 and beyond
• Takata filed for bankruptcy in 2017, with a successor company (Joyson Safety Systems) assuming responsibility for ongoing recalls

Vehicles Affected

The Takata recall affects vehicles manufactured between approximately 2002 and 2015, depending on the automaker and model. Both driver-side and passenger-side airbags may be affected. Some vehicles have been subject to multiple recall phases as the scope of the defect became clearer.

How to Check Your Vehicle

You can determine whether your vehicle has an open Takata airbag recall (or any other recall) by entering your VIN at NHTSA.gov/recalls. If your vehicle has an unrepaired Takata recall, contact your dealership immediately. The repair is free, and given that the defective inflator can be lethal, this should be treated as urgent.

How to Prove an Airbag Defect

Airbag defect cases are technically complex. Proving that the airbag was defective -- rather than that it functioned as designed in a crash that did not meet the deployment threshold -- requires specific evidence and expert analysis.

Event Data Recorder (EDR) Analysis

Most modern vehicles are equipped with an event data recorder, sometimes called the vehicle's "black box." The EDR captures critical data in the seconds before, during, and after a crash, including:

• Vehicle speed at the time of impact
• Deceleration forces (how severe the crash was)
• Whether the airbag deployment signal was sent by the crash sensor module
• Whether the airbag module received the signal and whether it fired
• Seat belt usage at the time of impact
• Throttle and brake application in the seconds before the crash

This data is essential for determining whether the crash met the deployment threshold and whether the airbag system received and acted on the deployment command. An EDR specialist with the proper download equipment must extract this data before it is lost.

The Deployment Threshold Question

The most common defense in airbag non-deployment cases is that the crash simply was not severe enough to warrant deployment. Manufacturers design airbag systems to deploy only in crashes above a certain severity threshold because deploying an airbag in a minor crash can itself cause injuries.

The deployment threshold varies by vehicle and by the type of crash (frontal, side, rear). It is not a simple speed measurement -- it depends on the rate of deceleration, the angle of impact, and other factors. Expert biomechanical and engineering testimony is almost always required to establish that the crash should have triggered deployment.

Expert Testimony Requirements

NC courts generally require expert testimony in airbag defect cases because the technical questions exceed the knowledge of a typical juror. Experts in these cases may include:

• Automotive engineers who can analyze the airbag system's design and function
• EDR specialists who can extract and interpret black box data
• Biomechanical engineers who can testify about crash forces and injury mechanisms
• Metallurgists (particularly in Takata inflator cases) who can analyze metal fatigue and rupture patterns

Who Is Liable for an Airbag Defect?

Multiple parties may bear responsibility for an airbag defect, and identifying all liable parties is important for maximizing available insurance coverage.

The Airbag Manufacturer

Companies like Takata (now Joyson Safety Systems), Autoliv, ZF-TRW, Continental, and others manufacture the airbag modules that vehicle manufacturers install. If the defect is in the airbag module itself -- the inflator, the crash sensor, the cushion, or the electronic control unit -- the airbag manufacturer may be primarily liable.

The Vehicle Manufacturer

The vehicle manufacturer integrates the airbag system into the vehicle and is responsible for:

• Selecting an appropriate airbag supplier and system
• Properly calibrating crash sensors and deployment thresholds for the specific vehicle
• Ensuring the airbag system is correctly positioned and installed
• Testing the integrated system to verify it performs correctly
• Issuing recalls when defects are discovered

Even when the defect originates in the airbag module, the vehicle manufacturer may share liability for failing to detect the defect through quality control or for failing to issue a timely recall.

The Installer or Repair Shop

If an airbag was replaced after a previous accident or as part of a recall, the shop that performed the installation may be liable if improper installation caused the failure. This includes:

• Incorrect wiring connections
• Failure to properly seat the airbag module
• Installing an incorrect or incompatible replacement module
• Failing to reset or recalibrate the airbag control system after installation

NC-Specific Legal Considerations

Negligence Standard (Not Strict Liability)

North Carolina is one of the few states that does not recognize strict liability in product liability cases. Instead, NC requires proof of negligence.

This means you must prove that the manufacturer or seller failed to exercise reasonable care in designing, manufacturing, testing, or warning about the airbag system. You cannot simply prove that the product was defective and caused injury -- you must also prove that the defect resulted from the manufacturer's negligence.

In practice, this additional burden is significant. It requires evidence of what the manufacturer knew, what testing they performed, and what a reasonable manufacturer would have done differently. This is why internal manufacturer documents obtained through litigation discovery are so important in NC product liability cases.

Contributory Negligence

NC's contributory negligence rule applies to airbag defect cases. The manufacturer may argue contributory negligence based on:

• Failing to respond to a recall notice
• Sitting too close to the steering wheel (closer than the recommended 10 inches)
• Having aftermarket modifications that affected airbag deployment
• Not wearing a seat belt (though N.C. Gen. Stat. 20-135.2A limits this argument)
• Driving in a manner that contributed to the crash itself

The 12-Year Statute of Repose

Given that many airbag defect cases involve older vehicles -- particularly Takata recall vehicles manufactured between 2002 and 2015 -- the statute of repose is a genuine concern. Vehicles purchased in 2014 will reach the 12-year repose deadline in 2026. If you own an older vehicle with a known airbag issue, time is running out to preserve your legal rights.

Evidence Preservation

Preserving evidence is critical in airbag defect cases, and the most important evidence is physical.

Critical evidence to preserve:

• The airbag module (deployed or undeployed)
• The airbag control module (the computer that decides when to deploy)
• All crash sensors
• Wiring harnesses connected to the airbag system
• The steering wheel and dashboard (if airbag is integrated)
• The event data recorder and its data
• Photographs of the airbag deployment or non-deployment
• Photographs of all vehicle damage
• The vehicle itself, if possible

Aftermarket Modifications and Airbag Interference

Modifications to a vehicle's steering wheel, dashboard, or electrical system can affect airbag deployment. If you have made aftermarket modifications, the manufacturer will almost certainly argue that your modifications caused or contributed to the airbag failure.

If your vehicle had aftermarket modifications at the time of the crash, this does not automatically bar your claim. But it does create an additional factual issue that the manufacturer will exploit, particularly under NC's contributory negligence framework. You will need expert testimony to establish that the modifications did not affect the airbag system's performance.

Frequently Asked Questions

Frequently Asked Questions

What should I do if my airbag did not deploy in a crash?▾

Do not assume your crash was not severe enough to trigger deployment. After getting medical treatment, preserve your vehicle and do not authorize any repairs or allow the airbag module to be discarded. Document the damage with photographs. Request the event data recorder (EDR) data from the vehicle, which records crash severity and whether the airbag system received a deployment signal. Contact an attorney experienced in product liability before speaking with the manufacturer's insurer.

How do I know if my vehicle has a recalled Takata airbag?▾

Enter your 17-digit Vehicle Identification Number (VIN) at NHTSA.gov/recalls. This free lookup will show all open recalls for your vehicle, including Takata airbag recalls. The VIN is located on your dashboard near the windshield on the driver's side and on your vehicle registration document. If your vehicle has an unrepaired Takata recall, contact your dealership immediately to schedule the free replacement.

Can I sue if my airbag deployed in a minor accident and injured me?▾

Yes. Airbags are designed to deploy only in crashes that meet a specific severity threshold. If an airbag deploys in a minor fender bender or low-speed collision where deployment was not warranted, the system may be defective. Unnecessary airbag deployment can cause facial fractures, burns, eye injuries, and hearing damage. The vehicle's event data recorder can help determine whether the crash severity should have triggered deployment.

Who is liable for an airbag defect -- the airbag maker or the car manufacturer?▾

Both can be liable. The airbag manufacturer (such as Takata, Autoliv, ZF-TRW, or Joyson Safety Systems) may be liable for defects in the airbag module itself. The vehicle manufacturer may be liable for improper integration, calibration, or placement of the airbag system in the vehicle, or for failing to issue a timely recall. In practice, both parties are typically named as defendants, and the litigation determines how fault is allocated between them.

What is the deadline to file an airbag defect lawsuit in NC?▾

You must file within the three-year statute of limitations from the date of injury. Additionally, NC has a 12-year statute of repose for product liability claims, meaning you generally cannot bring a claim if the vehicle was first purchased more than 12 years before the accident. These are hard deadlines. If your vehicle is approaching the 12-year mark, consult an attorney immediately.