Details About the Takata Airbag Recall, the Largest in U.S. History

You may have heard about the Takata airbag recall, an issue affecting 42 million vehicles in the United States with exploding airbags, but do you know the details about the case? The recall has been ongoing since 2013 and has grown in scope over the years. A long road riddled with safety negligence and unaccountability makes it difficult to track the number of vehicles affected.

Announced in April 2013, only six vehicle makes were initially identified as affected. Reports have surfaced that Takata and Honda allegedly knew about the dangerous airbags since 2004 but failed to report the issues. A Takata plant in Mexico was found to be allowing a defect rate that was six to eight times the acceptable limit. One of the main contributors to shrapnel explosions is high humidity, and many vehicles in hot, humid climates have been recalled.

Takata denies the New York Times report that it learned of the issue in 2004 and destroyed the evidence. Now, the scope of vehicles affected has expanded to include many more makes and brands of cars operating in different climates. This issue has not only affected Takata; many vehicle manufacturers have also had to pay owners for economic losses and personal injuries. Many of the affected makes and models were only identified after a dangerous explosion.

How Can You Check Your Vehicle for Recalled Parts?

An auto manufacturer is legally required to notify all the owners of affected vehicles that they know of within sixty days the recall is reported. Once you receive the notice, the letter should include details on how to remedy the issue for free. If you suspect your vehicle may have a defective part, you can check safecar.gov to see if there are any recalls for your vehicle. In many cases, recalls are initiated due to consumer reports.

How Do You Report a Potential Auto Defect?

You can file a report with the National Highway Traffic Safety Administration (NHTSA) online by filling out a form. Providing the make, model, your vehicle identification number, and any photos or police reports that support your claim will help. You can also call the Vehicle Safety Hotline, powered by the NHTSA, to document your claim. The NHTSA reviews consumer reports and determines whether to contact an auto manufacturer about a potential recall. You may also report the issue to your vehicle manufacturer. Contact us if you are injured. Our team of experienced Lufkin product liability attorneys at Mike Love & Associates, LLC has years of experience proving liability in vehicle accident or injury cases.

How Automation is Changing Car Safety

As technology becomes increasingly prevalent in our vehicle systems, new questions about auto safety arise. How can we trust computers to regulate our vehicles? Is having less human control over driving safe? We do not yet have definite answers to these questions. However, human-designed cars are inherently unsafe, regardless of the technology integrated into the vehicle.

New Technologies That Are Changing Car Safety

• Autonomous vehicles: Much press has been made about self-driving cars, which have become a hot topic of debate due to safety concerns. However, this technology is new, and safety features are likely to improve. The vast majority of car accidents, including those involving self-driving cars, are caused by human error. Speeding, driving while intoxicated, and distracted driving account for most fatal car accidents. Many vehicles are equipped with self-steering features and electronic stability control, which sense a loss of traction on the road and attempt to correct it. A study by the Insurance Institute for Highway Safety found that newer vehicles with more advanced electronic safety features reduce the risk of dying in a crash by almost one-third.

• Driver assistance: These features are becoming more popular, including rear-view camera parking assistance, different driving modes for weather and road conditions, blind-spot monitoring devices, and collision control systems. When the car senses that a collision is imminent, the brake system automatically applies the brakes to stop the vehicle and avoid an accident.

• Multiple-vehicle automation: The U.S. Department of Transportation has discussed a rule that would require manufacturers to include “vehicle-to-vehicle” automation, allowing vehicles to “talk” to each other and making it easier to avoid accidents. The complexity of the U.S. legal framework makes it hard to implement these rules.

New Liability Issues Arise

These new technologies bring greater liability to the manufacturers of these ideas. Car manufacturers can be held responsible for defective parts and vehicle malfunctions, and laws regulating liability for defective software components that cause accidents will follow suit. These new innovative technologies receive a lot of backlash from those who think that computers should not be making driving decisions on our behalf. However, evidence shows that preventable human errors on the road are responsible for almost all accidents. If you or someone you know was in an auto accident due to the negligence of an auto manufacturer or another driver, contacting a Lufkin auto accident attorney can help you get the compensation you deserve. Call us today. We can help.

What Is an At-Fault State, and is Texas One?

What is an at-fault state? Texas is an at-fault state, which means the driver responsible for the accident must compensate the other party for their injuries and for damage to their vehicle. Proving which driver is at fault can turn into a lengthy court battle.

How Can I Help My Accident Case?

• Get their information: This applies to any auto accident. Write down their license plate and any other info quickly, especially if they are denying their fault or acting standoffish.

• Look for witnesses: A witness who can support your claim will strengthen your case, especially if it goes in a police report.

• Compile a police report: Having the police make a report of your accident case can help legitimize your claims in court. Did you notice the driver was on their phone? Did they seem like they might be intoxicated? These are essential details to include when speaking to the police.

• Make a report for your insurance company: Take pictures of the damage incurred and note any possible injuries you have. A car accident attorney can help you get the coverage you deserve.

What If the Other Driver Doesn’t Have Insurance?

Another reason the at-fault system can be tricky is when the other driver is uninsured or has less insurance coverage than the damage caused.  In this circumstance, it is important for you to have uninsured/underinsured motorist coverage on your auto insurance plan. In Texas, uninsured/underinsured motorist coverage is not required.

Can My Insurance Rate Go Up If the Accident Wasn’t My Fault?

In some cases, your insurance rate can go up after an accident, even if it wasn’t your fault. It will depend on state laws and car insurance policies in your region. The at-fault insurance system can create a strenuous process for determining who must provide coverage to the other. If an uninsured or underinsured driver hit you, you will likely have to get your own insurance company to compensate for your damages, which can be tricky. Lufkin car accident attorneys at Mike Love & Associates, LLC can fight for the compensation you deserve after a wreck. Contact us today.

Could Computer Software Cause a Car Accident?

A current recall of a faulty software component affecting 1.25 million Chrysler vehicles is causing side airbags not to deploy and causing issues with the seatbelts. Many components of modern vehicles are controlled by software, and when they malfunction, the consequences can be very dangerous. Another example is recent issues with Uber’s self-driving cars, which have caused accidents. As software starts controlling more vehicle functions, we are likely to see more software components recalled. This raises questions, such as: is the auto manufacturer responsible for the flaw? Alternatively, is it the software company?

How Do I Know If Computer Software Caused a Car Accident?

1. Have you checked for recalls online? Check online at safecar.gov to see if there are any current recalls on your vehicle following an accident. If they have issued one, the dealer must replace your vehicle component at no cost. You can pair with an auto injury attorney who can call in accident reconstruction experts with advanced knowledge of accident causation.

2. Which parts of your vehicle are controlled by software? In modern cars, more of your vehicle may be controlled by software than you think. Sensors control many vehicle safety features. When they malfunction, they cause things like airbags not deploying, as in the case with Chrysler above.

3. Was their negligence involved? Suppose your vehicle has software that needs to be updated or replaced to function properly. In that case, it is the vehicle manufacturer’s duty to communicate that information to all owners of the vehicle within 60 days.

Who Can Prove That a Software Component Was Faulty?

Proving that software caused an accident can be complicated. Major car manufacturers and software companies have strong legal resources and trained professionals on their side. Pairing with an experienced attorney can help you get help from professionals who study automobile function and the causes of accidents. If you think that an unknown car error caused you to get in an accident, start taking action today. Contact Lufkin car accident attorneys at Mike Love & Associates, LLC for more information about accident liability and obtaining compensation for your injuries.

Auto Recalls Hit Record High: Is Your Car Safe?

Recalls on defective auto parts have hit record highs for the third year in a row. In 2016, 53.2 million vehicles were recalled and 927 campaigns were enacted. The Takata airbag recall is the largest in U.S. history, involving over 42 million vehicles. Recalls on Ford, Hyundai, Mercedes-Benz, and General Motors make up the rest of the list. These auto manufacturers are liable for injuries caused by these parts and must be diligent in addressing the issue. Toyota recently paid $1.2 billion to the U.S. Department of Justice for failing to fix an accelerator issue. Given that there are more recalls than ever, let’s take a moment to go over some helpful tips for dealing with a recall that involves your vehicle.

Questions to Ask About Your Recall

• How serious is the recall? There may be a long delay in repairing your vehicle, depending on its size. Many recalls will involve a component that is not essential to the vehicle's operation. In these cases, it is still safe to drive, but your car may not be operating at full efficiency. In other cases, you may receive a recall notice that lets you know you need to stop driving altogether. The manufacturer should provide you a loaner vehicle until the repairs are complete. They are also legally required to notify affected vehicle owners promptly.

• What can be done to fix the issue? The dealer should be replacing the part for free. In some cases, they may ask to repurchase the vehicle or replace the vehicle entirely. If your auto manufacturer is not complying with fixing your recall, you should call the dealer department and show them your recall notice. If you are still experiencing issues, contact the vehicle manufacturer. In some cases, you should file a claim with the National Highway Traffic Safety Administration (NHTSA). NHTSA’s website has an online form for car safety reports. This is a great place to report a suspected recall and other vehicle defects.

Cases involving injuries that result from recalls can get complicated, and having an experienced auto accident attorney can help you get the coverage you need from the auto manufacturer. Often, products that have not been recalled can be proven to cause serious accidents with the help of product liability lawyers and accident reconstruction specialists. Contact the Lufkin product liability attorney at Mike Love & Associates, LLC for more information about defective products and obtaining compensation for your recall-related injuries.