Auto defects such as faulty airbags or tire blowouts can make a crash more dangerous, so you should secure the scene, seek medical attention, document evidence, and report the malfunction to authorities and the manufacturer while preserving your vehicle parts and records for investigations and potential claims.
Key Takeaways:
- Prioritize safety and health: call 911, seek medical attention, and avoid moving the vehicle unless necessary for safety.
- Preserve and document evidence: photograph airbags, tire damage, VIN, tire sidewall codes, dashboard warnings, skid marks, and the crash scene from multiple angles.
- Obtain an official police crash report and collect contact information for witnesses and other drivers.
- Do not repair, discard, or allow replacement of defective parts; arrange secure storage and an independent inspection by a qualified mechanic or accident reconstruction expert.
- Report the defect to the vehicle manufacturer and NHTSA (or local regulator), notify your insurer, and consult an attorney experienced in product-defect claims before giving recorded statements or signing releases.
Understanding Auto Defects
When you’re investigating a defect-related crash, pinpoint whether the failure was in design, manufacturing, or maintenance. For example, Takata airbag inflators used unstable ammonium nitrate propellant and prompted a global recall of over 100 million inflators after ruptures sent metal shrapnel into cabins and caused dozens of fatalities. You should track NHTSA recall numbers, production dates, and service histories to establish whether the part failed prior to, during, or after normal use.
Common Airbag Defects
You can encounter non-deployment, delayed deployment, or overly forceful deployment that projects fragments into occupants. Defective inflators, corroded housings, and faulty crash sensors are frequent culprits; Takata-style propellant degradation is the most prominent example. Inspect service records, recall campaigns, and inflator production dates, and note post-crash signs such as shredded inflator casings or metal fragments that indicate an inflator rupture rather than damage from the collision itself.
Common Tire Defects
Tread separation, belt-edge failure, sidewall blowouts, and improper curing commonly cause sudden loss of control at highway speeds. Manufacturing defects, chronic underinflation, and excessive loads accelerate separation; the early-2000s Firestone-Ford tread-separation crisis remains a key case study showing how defect plus duty-cycle leads to catastrophic outcomes. You should preserve the tire, rim, and vehicle for forensic inspection and document DOT codes and inflation data immediately.
Check your tire’s DOT code-the last four digits show the week and year of manufacture, which helps identify age-related failures since tires older than six years have higher compound-degradation risk. Inspect for bulges, exposed cords, uneven wear patterns, and separation lines between tread and shoulder; photograph tread depth at multiple points and record inflation and load at the time of the crash to let labs correlate physical evidence with manufacturing records.
Recognizing Defect-Related Crashes
You should distinguish collisions where a faulty component-like a non-deploying airbag or a tire that separates at highway speeds-contributed to harm. Pay attention if airbags fail to inflate in a frontal impact above roughly 12-15 mph, or if a tire failure happens while you’re traveling 55-75 mph. Prior recall history, such as the Takata airbag inflators affecting over 100 million vehicles, can indicate a systemic defect and shape your next actions.
Signs of Defects While Driving
You may see an illuminated SRS/airbag light, persistent TPMS warnings (often set to alert near a 25% pressure drop), audible rubbing or thumping, steering pull, bulges or cuts in sidewalls, and sudden tread separation. Vibrations above 50 mph or repeated pressure loss within days point to manufacturing or installation faults. If these occur, pull over safely, photograph the defect, and note your speed, load, and pressure readings.
Assessing Damage After a Crash
Start by photographing the scene from multiple distances-wide shots plus close-ups of airbags, wheel assemblies, tire sidewalls, and the VIN plate. You should note whether airbags deployed, record the odometer, and document tread depth; readings under 2/32″ or visible sidewall failure support a defect claim. Obtain a towing and initial repair estimate before any parts are replaced to preserve evidence.
Preserve removed components when possible: keep the deployed airbag module, the failed tire, and any damaged steering or suspension parts labeled and isolated. Get a written inspection from a certified technician stating probable cause (manufacturing defect, installation error, or maintenance issue). File a defect report with NHTSA and notify the manufacturer with photos, VIN, medical bills, and repair quotes to strengthen any recall or legal action.
Immediate Actions to Take After a Crash
If airbags deploy or tires fail, call 911 immediately for injuries and hazards, then move your vehicle off the travel lane 10-15 feet if it’s safe to do so. Turn on hazard lights and place warning triangles or flares 50-200 feet behind the scene on highways. Avoid driving a car with deployed airbags or shredded tires; residual structural or suspension damage can make steering unpredictable and cause secondary collisions.
Ensuring Safety and Health
Check yourself and others for breathing, heavy bleeding, or loss of consciousness and call EMS for any suspected head, neck, or spine injury. Apply direct pressure to severe wounds and keep injured people still; if you smell gasoline or see smoke, move everyone at least 50-100 feet away upwind. Seek medical evaluation within 24-72 hours for whiplash, airbag burns, or delayed pain, and document all treatment.
Documenting the Incident
Photograph the whole scene and detail shots: overall vehicle positions, skid marks, traffic signs, deployed airbags, tire sidewalls (showing DOT code), tread close-ups, VIN and odometer, license plates, and any visible injuries; capture timestamps and a short video if possible. Collect witness names and phones, and get the police report number on scene so you can obtain the official report later.
For stronger evidence, photograph the tire DOT number (the last four digits show manufacture week/year) and the airbag module area and label; use the penny test or a tread depth gauge to document wear (under 2/32″ is legally worn in most states). Back up unedited photos to cloud storage within 48 hours, save tow and repair estimates, medical bills, and send copies to your attorney and to the manufacturer or NHTSA via SaferCar.gov when filing a defect-related complaint.
Reporting the Defect
After the collision, file detailed reports with the manufacturer and regulators as soon as possible. Provide your vehicle identification number (VIN), date/time of the incident, photos of damage, repair invoices, and the police report or towing records. Keep a written timeline of calls and responses, and request reference numbers for every submission so you can track follow-ups and document any discrepancies for future claims or investigations.
Contacting the Manufacturer
When you contact the manufacturer, use their customer service line or online portal and lead with the VIN and incident date. Attach clear photos of the airbag or tire failure, copies of repair estimates, and the police report. Ask for a written acknowledgement or reference number, send any mailed materials by certified mail, and log the representative’s name, badge number, and the promised response timeframe for later use in claims or litigation.
Filing a Complaint with Authorities
File with NHTSA via SaferCar.gov or call 1-888-327-4236, and submit the same documentation you gave the manufacturer: VIN, photos, repair bills, and the police report. Also file with your state attorney general’s consumer protection division and your state’s DMV if they handle vehicle safety. Those complaints feed public databases and can trigger broader investigations when multiple similar reports accumulate.
NHTSA’s Office of Defects Investigation (ODI) examines trends from submitted complaints and can open a formal probe; ODI’s work helped prompt the Takata airbag recalls involving over 100 million inflators and earlier tire actions such as the Bridgestone/Firestone recalls affecting roughly 6.5 million tires. When you file, request the complaint ID, check the public database for related reports, and follow up every few weeks-investigations often span months or longer, and your persistent documentation strengthens any case for recall, remedy, or compensation.
Seeking Legal Assistance
You should contact an attorney experienced in product liability and vehicle defects as soon as possible; they can preserve evidence, compare your crash to known recalls (for example, the Takata airbag recall involved over 60 million inflators), and advise whether to pursue manufacturer, supplier, or dealer claims. Firms often coordinate with investigators and may join class actions for widespread issues-see Car Airbag Defect for more on airbag-specific claims.
Understanding Your Rights
You can pursue claims based on strict product liability, negligent design or manufacture, and failure to warn; remedies typically include medical costs, lost wages, pain and suffering, and in some states punitive damages. Statutes of limitations vary by state-commonly 2-4 years for personal injury-so your attorney will assess deadlines, potential defendants (manufacturer, parts supplier, dealer), and whether recall notices or NHTSA files strengthen your case.
Finding an Attorney Specializing in Auto Defects
Seek lawyers with documented experience in airbag and tire defect cases, trial victories, and strong expert networks in crash reconstruction and materials engineering; contingency fees commonly range 25-40%, and most firms offer free initial consultations so you can evaluate fit and strategy without upfront cost.
Ask potential counsel about prior Takata- or tire-recall matters, specific verdicts or settlements, how they handle preservation of vehicle telemetry and parts, their approach to coordinated litigation versus individual suits, expected timelines, and whether they will advance litigation costs while pursuing recovery on your behalf.
Preventative Measures
Prioritize routine inspections, prompt recall responses, and targeted maintenance to reduce defect risk: check open recalls by VIN at NHTSA.gov, inspect tires monthly for tread (minimum 2/32″), pressure per the placard, rotate every 5,000-7,500 miles, consider tire replacement after six years, and have airbag systems scanned if the warning light appears or after an impact.
Regular Vehicle Inspections
You should visually inspect tires monthly for bulges, cuts, and uneven wear, measure tread with a gauge or penny test, and maintain pressure to the placard specification-underinflation accelerates wear and blowout risk. Schedule a professional inspection annually or every 12,000 miles; have technicians scan airbag fault codes, check seatbelt pretensioners, and evaluate suspension after hitting potholes or curbs.
Educating Yourself on Vehicle Safety
Use NHTSA’s VIN lookup and the manufacturer’s recall tool to find safety notices, enroll in email or SaferCar app alerts, and read your owner’s manual for airbag deployment zones and seating guidance. Consult IIHS crash ratings and recall histories for model-specific risks; large campaigns like the Takata inflator recall (over 100 million inflators globally) show why proactive research matters.
Find your 17-digit VIN on the driver-side dashboard or door jamb and enter it at NHTSA.gov/recalls or your maker’s website to check recalls. Read the tire DOT code-last four digits show week and year (e.g., 2319 = week 23 of 2019)-so you can age tires appropriately. Sign up for manufacturer alerts, follow IIHS/NHTSA updates, and keep a digital file of service records and recall responses for quick reference.
FAQ
Q: What immediate steps should I take at the crash scene if I suspect an airbag or tire defect?
A: Immediately call 911 if anyone is injured and move to a safe location if it is safe to do so. Do not start, drive, or repair the vehicle. Photograph and video the entire scene from multiple angles: the vehicle(s), deployed airbags, interior damage, tire tread, sidewall damage, valve stems, wheel rims, skid marks, roadway conditions, and surrounding signage. Note time, weather, road surface, tire pressures (if visible), and any unusual noises or smells. Get names, contact information, and statements from witnesses and the responding police officer; obtain the police report number. Preserve clothing, shoes, and any detached parts; do not discard or alter them. Notify your insurer but avoid admitting fault or giving a full recorded statement until evidence is preserved and, if applicable, a lawyer is consulted.
Q: How should I preserve physical evidence like airbags, tires, and the event data recorder (EDR)?
A: Leave airbag components and damaged tires in place if possible and request that the tow company, repair shop, or storage facility not alter or discard parts. Photograph labels, VIN, airbag module part numbers, tire brand, DOT number, and manufacturing codes. Ask for a written hold or preservation order from the storage facility and obtain tow and storage receipts. Arrange for an immediate EDR download by a qualified technician or through law enforcement if available; document who performed the download and where the data is stored. If you plan litigation or a claim, have an attorney send preservation letters to the vehicle owner (if different), the manufacturer, the insurer, and any repair shop to prevent destruction or repair of evidence.
Q: Who should I report the suspected defect to and what information should I provide?
A: Report the incident to local police (file an accident report), your insurance company, the vehicle manufacturer (via their claims or safety hotline), and the National Highway Traffic Safety Administration (NHTSA) at SaferCar.gov or 1-888-327-4236. Provide the VIN, vehicle make/model/year, mileage, date/time/location of the crash, detailed descriptions of airbag/tire behavior and damage, photos, and the police report number. Keep copies of every report and confirmation number. Check manufacturer communications and recall history for that VIN and include any maintenance or repair records that could bear on defect causation.
Q: What should I tell repair shops and my insurer about handling the vehicle and parts?
A: Tell them the vehicle and specific parts must be preserved and not repaired, altered, or discarded until you (or your attorney) authorize it. Provide clear written instructions and get written acknowledgment of receipt. Obtain detailed written estimates and itemized invoices before repairs, and request that any removed parts be saved and returned to you or retained under chain-of-custody. Ask your insurer for a claim number, a copy of their file notes, and written confirmation that they will not destroy evidence. If offered a settlement release, do not sign until you understand whether preserved evidence or future claims for injury will be barred.
Q: When should I consult an attorney and what legal options are available after a defect-related crash?
A: Consult an experienced product-liability or personal-injury attorney early-especially if there are injuries, significant vehicle damage, permanent disability, or death-so evidence and EDR data can be preserved and investigated. Legal options include claims against the vehicle or parts manufacturer for design or manufacturing defects, claims against suppliers or repair facilities, insurance claims (first- and third-party), and potential wrongful-death suits. An attorney will arrange expert inspections, obtain recall and service records, subpoena evidence, and calculate damages for medical costs, lost wages, vehicle loss, pain and suffering, and punitive damages where misconduct is shown. Be mindful of statutes of limitations and filing deadlines in your jurisdiction and act promptly to protect legal rights.
