Latest Blogs

According to Automotive News, the NHTSA (National Highway Traffic Safety Administration) is invoking rules it has never used before in dealing with the largest recall in U.S. history; the Takata Airbag Recall. Nearly 34 million vehicles in the United States have defective airbags, and Takata, which manufactured them, acknowledged the wide-ranging defect on Tuesday, May 19, 2015.

The magnitude of the problem is immense. 17 million vehicles in the United States were recalled prior to the Takata announcement. These 17 million vehicles were already expected to take many years to be fixed, and 17 million is just one half of the 34 million which need repair and/or replacement which is 13 percent of the vehicles on America's roads.

U.S. transportation officials have said that with so many U.S. automobile manufacturers involved, the age span of the vehicles being recalled, which could have had multiple owners, and the lack of parts in the supply chain among other issues, the NHTSA felt compelled to step in. It has started the legal process of coordinating the recall effort and prioritizing the replacement parts' flow. Mark Rosekind, NHTSA Administrator said, "The individual recall plans of each manufacturer are a patch-work solution which the NHTSA does not believe will address the safety risks of the defective Takata inflators in a reasonable timeframe."

In November 2014, before the most recent 34 million recall, Automotive News reported that many owners affected by the defective airbag were learning that it could take weeks, months or even up to five years to get their replacement airbags. Even with a higher production rate, Takata could take two years to build the replacement airbags says Automotive News. CNN reports it could take even five years to replace all the defective Takata airbags. Other suppliers which may be capable of building the replacements may have difficulty in doing so because the Takata airbag design differs from theirs. Their producing the Takata-designed airbag could take time because of the testing which would be required to ensure that it is safe. Takata competitors also may be maxed out in their own production capacity.

Associated Press (AP) reported that there had already been six fatalities confirmed and more than one hundred injuries linked to the defective Takata airbags. What makes the Takata airbags dangerous is that the chemical, ammonium nitrate, that inflates the airbags can explode when there is too much force. When the airbag explodes, metal shrapnel can blow into the passenger compartment.  Mr. Rosekind said that testing found that airborne moisture can get into the inflaters and cause the ammonium nitrate to burn hotter than it should. AP further reported that new inflaters will be allocated to older cars and to high-humidity areas first.

As summer approaches and the humidity increases across the country, it is particularly important for car and truck owners to respond quickly to recall notices they receive. They may also be pro-active by going to Safercar.gov and entering the VIN (vehicle identification number) onto the website to see whether their vehicle(s) has been recalled because of the defective Takata airbag.

"If you or a loved one has been injured in any accident as the result of a defective product, it is important for you to contact us as soon as possible," said Fort Myers Unsafe Vehicle Attorney, Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.

Fort Myers Unsafe Vehicle Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.