Hyundai is recalling nearly 400,000 Hyundai Sonata vehicles from the 2006 to 2008 model years for defects in the Occupant Classification System (OCS) in the front passenger seat.  The OCS is intended to suppress airbag deployment in a crash if it determines that a small child is in the front passenger seat.  However, this safety defect also shuts off the airbag system if a small stature adult is sitting in that seat.  If that happens, airbag deployment will not occur for the adult, which could cause significant personal injuries or a wrongful death.

The government’s recall number is 08V-161.

Nissan is recalling nearly a quarter-million Nissan Pathfinder, Nissan Frontier and Nissan Xterra vehicles from the 2005 to 2009 model years.  The front airbag sensor is not sealed properly, and can rust on the inside.  This can cause the driver and passenger air bags to fail to deploy during a crash.

This recall applies only to those vehicles in certain “salt belt” states, primarily in the Northeast, Midwest and Atlantic regions.  Owners of these vehicles in the other states get only an extended warranty and a sticker for their warranty booklet, but no mandatory replacement of the safety sensor.  The government’s recall number is 08V-690.

Separately, your vehicle’s sun visors and airbags might seem harmless. But the combination of deploying airbags and in-use sun visors can have dangerous consequences, including possible blindness.

Here’s an actual incident that explains why:

A young man was driving a 2003 Mitsubishi Eclipse in a rural area. Because of the setting sun, his passenger had her sun visor down to shield her eyes.

As the car turned slowly into a Little League parking lot, its left front wheel struck a small post in the center of the driveway that was obscured by dust kicked up by other cars. Despite the low speed and the lack of any damage to the front bumper or front end, the airbags deployed.

As the passenger airbag deployed, it slammed into the passenger’s sun visor (sun shade), smashing it apart and sending pieces flying. As a result, our client was hit in the face and blinded in one eye.

The force from the deploying airbag was so strong it ripped a jagged metal insert from inside the sun visor through the visor’s plastic shell. The force was also strong enough to shatter the vanity mirror that was part of the sun visor.

What Our Airbag Tests Revealed

During our 2003 Mitsubishi Eclipse testing at an independent airbag test facility, we used real-time video cameras and sophisticated high-speed cameras. This testing video allowed us to capture the passenger airbag/sun visor interaction and clearly document how an airbag rips the sun visor off its attachments.

In every one of our tests, the passenger airbag smashed into the sun visor, ripped it off its attachments, and sent pieces flying through the cabin of the car, where it could pose a danger to the passengers.

Although this accident and our testing involved a 2003 Mitsubishi Eclipse, other cars present similar risks. For example, our investigation revealed the following vehicles sold in the United States all use the same or substantially similar passenger airbags and passenger sun visors as the ones we tested:

• 2000, 2001, 2002, 2003, 2004, and 2005 Mitsubishi Eclipse
• 2001, 2002, 2003, 2004 and 2005 Mitsubishi Eclipse Spyder
• 2001, 2002, 2003, 2004 and 2005 Dodge Stratus
• 2001, 2002, 2003, 2004 and 2005 Chrysler Sebring

Although other cars may use different airbags or different sun visors, you aren’t necessarily free from danger. For example, some vehicles may also have a passenger airbag that deploys upward, along the windshield, and that can strike a sun visor that is being used. At the same time, some other vehicles may have sun visors that are not specifically designed to stay together after being hit by an airbag.

While all new vehicles sold today must have frontal airbags, many also have rollover airbags designed to protect you during rollover accidents. Unfortunately, these airbags don’t always perform properly.

The most frequent criticism of rollover airbags is their failure to deploy. This is often happens when an airbag system doesn’t have a rollover sensor.

Failure to equip a vehicle with a rollover airbag can itself be a defect. This is particularly true for vehicles with a higher risk of rolling over, such as sport utility vehicles (SUVs) and vans.

Unfortunately, some people are told their vehicles have side curtain airbags or see the “airbag” logo on the interior trim, without realizing not all of those curtain airbags will deploy in a rollover accident.

Keep in mind, salespeople at dealerships may tell customers side impact airbags will deploy in rollover crashes, even when it is not true. That kind of statement can cause the salespeople and the dealer to be held responsible for misrepresentation or fraud when the airbags don’t deploy in a rollover accident. This remains true even if the car company is at fault for failing to install a rollover airbag.

In addition to crash safety sensors, other defects include rollover airbags that “catch” on a piece of plastic trim, causing them to fail to deploy completely or properly. Some rollover airbags also include “pockets” that are not well-pressurized, allowing you to suffer severe head injuries in those locations.

In some cases, rollover airbags failed to deploy because internal components came apart during the rollover, causing the inflation gas to escape rather than inflate the airbag. This can result in you being partially or completely ejected, or being injured from hitting the inside of your car.

While all new vehicles must have frontal airbags that deploy from the steering wheel and dash to protect you in a frontal crash, many also have side airbags (sometimes abbreviated as SAB or SIAB) to shield you during side impact collisions.

Crash sensors for side airbags are usually installed inside the bottom of the “B-pillar,” the post behind the front door that helps hold up the roof. In some vehicles, these crash sensors are inside the front door or near the back seat area.

Your car, truck, van or SUV usually has at least one crash sensor on each side of the vehicle. During a side impact crash, the side airbag sensor should detect the sideways (lateral) deceleration and send an electrical signal to the airbags to begin inflating.

Side airbags are most commonly installed inside your seat, attached to the upper part of the seat frame nearest the door. In a few vehicles, the side airbags are installed inside your door, beneath the plastic trim cover. These side airbags are designed to provide a protective cushion between you and the side of your car.

3 Types of Side Airbags

• “Torso” airbag – Rectangular in shape, it protects only the torso or upper body and is often less than 18 inches tall when fully inflated. These airbags usually provide very little protection to your head and neck.
• “Head and torso” airbag – Taller than a regular torso bag, this type of airbag protects you better in a vehicle accident by protecting your head, neck and chest from the side of your car and the vehicle that hit you. This is particularly true when you are hit in the side of your vehicle by a taller vehicle, such as a pickup truck, van or SUV.
• “Curtain” airbag – A curtain airbag deploys downward from the edge of the roof and is intended to cover most of the window so your head and neck are protected, even when you would otherwise move outside the window during the accident.

For maximum protection, curtain airbags are sometimes combined with torso airbags that deploy from the seat or door trim to protect your chest. In many cases, such curtain airbags extend from the front seat toward the back, and can thus also protect back seat passengers.

In prior years, other types of side airbags were sometimes used, but on a much smaller scale. For example, a few cars used a tubular protection system consisting of an airbag shaped like a tube that ran from the front to the back of the door, extending across the window.

These systems need a separate torso airbag to adequately protect your chest. Often, there were significant disadvantages associated with such side airbags that resulted in limited use.

Question #1: Do you focus on airbag defect cases?

While there is no shortage of lawyers who accept any kind of accident and injury case, there are few whose primary focus is airbag defects. Ask the lawyer how many airbag defect cases he’s investigated and filed. Also, request a list of representative airbag cases and ask which ones involve issues similar to your case.

Question #2: Do you have direct experience in the automotive industry?

The answer to this question is a big factor in separating the lawyers who represent airbag defect victims and those who take cases without having any real industry knowledge. A lawyer with automotive industry experience will know …

• How the decisions are made on what design is used
• What testing and analysis is usually conducted on their products
• Who are the key personnel conducting the research and analysis
• What documents should have been generated during the design and development process
• What documents will be most helpful for your case
• How internal investigations are handled

Question #3: Do you have an engineering background?

The technical nature of airbag defect cases requires lawyers to understand input from engineering experts in subjects such as accident reconstruction, design analysis, testing and biomechanics. Those who understand engineering can ask intelligent questions about the strengths and weaknesses of your case. Better yet is an attorney who has had “hands-on” responsibility for airbag engineering, and who has been dealing with airbags for many years. Questions from an attorney with a background in airbags will also give you the best possible chance of proving your case.

Question #4: Will you work on my airbag defect case, or will you delegate the work to junior lawyers and associates?

Why should your case serve as a training ground for an inexperienced junior lawyer or paralegal? Due to the reasons stated above, you need an experienced airbag lawyer handling your case.

Question #5: Will you be available when I need you?

Whether it’s normal business hours or not, you want your questions and concerns addressed immediately. So hire an airbag lawyer who is available during evenings and weekends – and willing to meet at a time and place that is convenient for you.

Also, don’t hesitate to request your lawyer’s cell phone number. An attorney who truly accommodates you will give you the number without hesitation.

Question #6: How much does it cost to hire you?

An airbag defect attorney should never make you pay an up-front fee just to consult with you. In addition, you should never pay attorney fees or any investigation costs until compensation is recovered for your injuries.

Also, be careful with attorneys who “nickel and dime” you for typical office expenses such as ordinary mail, copies, telephone or fax charges.

Question #7 (Ask yourself this final question.): Do you trust the lawyer?

Rely on your instincts. If you can’t trust the lawyer, don’t hire him.

1. Airbag Modules: As the heart of the airbag system, airbag modules include the fabric airbag cushion or “pillow,” the inflator that generates the gas that fills the airbag, and the container that holds them.

For front airbags, the driver’s airbag is in the center of the steering wheel, and the passenger’s airbag is in the dash in front of the passenger seat. Side airbags are generally in the side of the seat or behind the plastic trim next to the seat. Newer curtain, rollover or canopy airbags are located in the edges of the roof, and deploy down along the side windows.

These modules must contain certain specific safety features to prevent the airbag from causing unnecessary head, neck, chest or other injuries.

2. Airbag Sensors and Diagnostics: The crash sensors are the “brains” of the airbag system, deciding whether and when to deploy the airbags in an automobile accident or collision.

The diagnostic portion of the airbag system is intended to diagnose certain electrical problems within the airbag circuits. These diagnostics evolved into modern “black boxes” that record crash information and go by names such as:

• ECU (Electronic Control Unit)
• SDM (Sensing and Diagnostic Module)
• RCM (Restraints Control Module)
• ORC (Occupant Restraints Controller)
• EDR (Event Data Recorder)

Sensor failures can lead to airbags not deploying during a car accident where they should have protected a consumer. They can also lead to unnecessary deployments that can cause a crash to occur, or can directly injure a consumer.

3. Clockspring: An electrical component in the steering wheel, the clockspring allows electrical current to flow through the wires in the steering column to the driver airbag module mounted in the steering wheel. When this part is defective, it can prevent the driver’s airbag from deploying, even during a high-speed wreck. Millions of these components have been recalled, often due to a poor design, lack of testing, or inadequate quality control.

4. Warning Lamps: These warning lights in your instrument cluster or on your dash should show the electrical status of your airbag system. When you start your car, the warning lamp should flash or stay on for about six seconds while the diagnostic unit checks the system. If your warning lamp comes on while you’re driving, you probably have a defect in your airbag system, which could cause the airbag system to unnecessarily deploy or can prevent deployment in a crash.

5. Passenger Airbag On-Off Switches: In some vehicles, including pickup trucks and cars without a back seat, a key-operated on/off switch is located in the dash. These are typically intended to allow a driver to shut off the passenger airbag when infants or small children do not have an adequate back seat in which to sit and must instead sit in the front seat.

6. Passenger Presence Detection and Occupant Classification Systems: Newer advanced airbags include various methods to determine the presence and size of the front passenger, in order to adjust how forcefully the airbag should deploy.

If there is no passenger, or if an infant or child becomes too close to the dash, these advanced airbags are typically intended to prevent the deployment of the airbag. If the occupant is an adult, such systems can tailor the inflation force to the person’s size or position. A failure in these systems can have deadly consequences.

7. Other Components: Other parts of your car should also be designed to work together with your airbag system during a crash, including deployment doors, trim covers, knee bolsters, steering columns, steering wheels, sun visors, windshields, seats, dash or instrument panels (I/P), and sometimes even the inside rear view mirrors.

3 Questions to Ask Before Determining if an Airbag Caused Injury or Wrongful Death

Although airbags are intended as a safety device, government documentation confirms they have caused significant trauma during vehicle accidents and are responsible for hundreds of wrongful deaths.

This shouldn’t come as a major surprise, given airbags deploy at speeds sometimes exceeding 200 mph. After experiencing an airbag deployment, many consumers say the airbag appeared to explode and compare the sound to a shotgun blast.

When questioning an airbag’s performance during a vehicle accident, you should analyze 3 critical questions before determining its role in contributing to serious injuries or wrongful death.

Question #1: Should the airbag have deployed?

Deployment depends on many factors, including your type of airbag. If it did not deploy and should have, you may have a “failure to deploy” or “non-deployment” case. In such a situation, the airbag would have deployed if the airbag crash sensor or other components had not failed.

One reason for deployment failure is a crash sensor malfunction due to faulty wiring that connects the crash sensor to the electronic control unit. Sometimes airbags don’t deploy because the car company did not conduct adequate crash tests when designing the airbag crash sensor.

In fact, many airbag systems sold to consumers were never tested in car-to-car crash tests, even though such crashes occur every day.

If the passenger airbag deployed, but the driver airbag did not deploy, the vehicle may contain a defective “clockspring” or coil. This electrical device installed in the steering column beneath the driver airbag transmits an electrical current to deploy the driver airbag. Reasons for a malfunction include design defects, inadequate testing, improper installation and improper adjustment.

In some cases, a passenger airbag will not deploy even though the driver airbag deployed and a passenger was sitting in the seat. This often occurs when a passenger presence detection sensor doesn’t work properly.

If the airbag deployed, but should not have deployed, you may have an “inadvertent” or unwarranted low-speed deployment. These can occur because of airbag sensor or other electrical defects.

Unfortunately, some manufacturers used inappropriate sensor combinations that are overly susceptible to low-speed, localized impacts, such as a vehicle striking a pothole or curb. Other sensor systems fail to detect crashes into a pole or tree. This may be the result of not having enough crash sensors due to excessive cost-cutting at the car companies.

Question #2: Did the airbag deploy late?

When an airbag opens late, impact occurs at a closer range. The extreme force can cause catastrophic injuries, even though late deployments often occur in minor accidents.

Late deployments can often be prevented using additional sensors and/or changes to the algorithms of electronic sensors. In some cases, the vehicle’s “black box” can confirm a late deployment took place.

Question #3: Did the airbag have specific crash safety features?

Crash safety features are added to airbags to reduce the risk of injury during deployment. These include items such as airbag inflators that inflate less forcefully, tethers that significantly reduce “bag slap” injuries, and vents that decrease pressure inside the airbag.

An investigation into these features is necessary to determine if manufacturing defects and quality control problems caused or contributed to your injuries.

In addition to crash safety features, the airbag system must also work together with the other parts of the car. For example, airbag crash sensors depend on the vehicle having a good structure or frame so the signal is received soon enough to avoid a late deployment.

Also, the instrument panel (I/P) or “dash” needs to be designed so that the knees and legs are not injured, while keeping the body properly positioned. And, when the airbag deploys, it must not create additional hazards for other components. For example, some passenger airbags are known to shatter the dash and send the pieces flying toward the passenger at high speeds.

You should get answers to these questions for any potentially defective front, side, curtain or rollover airbags. You deserve a safe and effective airbag during any type of a crash.

Clocksprings are part of the driver airbag system and are located inside your steering column, under your steering wheel.  They allow the  electrical signal from a detected crash to be sent to the driver airbag, while still allowing you to turn your steering wheel during normal driving without damaging the airbag wires.  This way, the crash sensors or airbag control module can send the deployment signal to the airbag, no matter how your steering wheel is turned.  If they fail to work properly, the results can be deadly.

Recalls – Unfortunately, many clocksprings have proven to be defective.  Although millions of them have been recalled, there are still many of them on the road today.  In our experience, defective clocksprings are most commonly found in vehicles made by Chrysler, including those sold under the Chrysler, Plymouth and Dodge nameplates.  Millions of the clockspring affected by these safety recall were manufactured by supplier called Methode.

Defects – There have been several common failure modes for clocksprings, each of which can prevent driver airbag deployment.  This can, and has, caused significant personal injury and wrongful death during accidents where consumers were deprived of the protection of the airbag.  Some of these defects were caused by cost-savings measures that took priority over consumers’ safety.  Others were caused by manufacturing and quality control problems.  Regardless of their cause, the result is the same: unnecessary injuries and deaths when your driver airbag fails to deploy.  An expert can help you determine whether and why your clockspring failed in your accident, and the specific defect causing the failure.

All vehicles do not have side airbags.  In fact, two common defects in airbag systems are the lack of a side airbag and the installation of only a torso airbag (which may not protect your head and neck during an accident).  Some car companies make side airbags optional even in very expensive cars, even when we know that safety should never be an option.

Even if a side airbag is installed, it doesn’t always function properly.  When a side airbag doesn’t deploy during a side impact crash, the cause is often defective crash sensor placement or software algorithms in electronic sensors that don’t detect the crash severity.

These problems can stem from negligent testing programs that don’t address real-world crashes into poles and trees, even where they should have protected the consumer.

Some side airbags hang up on the seat or trim panels, causing them to deploy incompletely or improperly.  Also, a few side airbag systems were defectively designed to be so forceful they can unnecessarily inflict serious or even fatal injuries when they inflate.  Such “aggressive” side airbags are particularly dangerous for children and infants.

These defects can cause severe personal injuries, including head trauma; traumatic brain injuries (TBI); skull fractures; facial injuries; spinal cord injuries; cervical spine fractures or dislocations; paralysis (paraplegia, quadraplegia); arm and hand injuries, including traumatic amputation; chest injuries; flail chest; heart injuries; pelvic injuries; bone fractures/orthopedic injuries; as well as numerous other injuries.

In some cases, defects in your side airbags can cause wrongful death.