Today, the public might think it is better informed about air bags than ever before. Sadly, it is not.
In October 1998, I represented Norma Swanson in the Swanson v Nissan, a federal district court case in Portland, OR, that was settled after trial began. Swanson was blinded by the passenger-side air bag in a 1994 Nissan Altima. The air bag deployed when the vehicle in which she was sitting drove over a curb at "a relatively low speed," according to Nissan's own expert. Although Swanson was properly seat-belted, with the seat halfway back in its track, she was struck traumatically in the face by the air bag.
The passenger-side air bag was designed to strike the occupant while still inflating at speeds up to 159 miles per hour. This was contrary to the basic underlying premise of air-bag technology for over 25-years that is, that an air bag be fully inflated before the occupant falls into it. The driver in Swanson's vehicle was completely uninjured. His air bag had tethers, striking the occupant. The air bag that struck Swanson failed to incorporate tethers.
Nissan attempted to defend the case by claiming that Swanson was not properly seat-belted, but Nissan own test disproved it.
To date, at least 24 individuals have been significantly injured by the 1994 Nissan Altima's passenger-side air bag. Most victims have been women and children, and most injuries involve significant anatomical damage to the eye, including blindness.
Swanson's injuries could have been avoided. She purchased her Altima specifically because the vehicle had a passenger-side air bag and because she thought it would better protect her two young children. It was not until 1996 that the public learned for the first time that air bags presented a danger to children and shorter women. Had Swanson know this, she never would have purchased the vehicle.
Although the public is better educated today about air bags, many misconceptions remain. For example, most people do not know that air bags come in the variety of designs, many of which are clearly better than others.
Below are examples:
- Dual deployment thresholds. Most cars in America are designed to deploy in frontal crashes equaling the severity of a crash into a wall at eight to 12 mph. However, studies from Europe and Australia suggest that air bags tend to cause more than prevent, injuries when the severity of the collision is less than 18 mph. Thus, certain BMW and Mercedes models will not deploy in crashes under 18 mph, provided the occupant is seat-belted.
- Tailored gas flow. The rate of gas release into the air bag can be tailored, depending on the severity of the collision. The lower the speed of the collision, the less the need for a fast inflation.
- Tethers. As already noted, tethers can make a significant difference between injuries and no injuries.
- Top-mounted, vertically deploying passenger-side air bags. Generally, air bags installed on the top o the dashboard, top-mounted, tend to present less risk of injury to occupants if seat belts are used.
- Shoulder-strap pretensioners. Pretensioners enhance the safety of air bags. A pretensioner yanks the slack out of the shoulder-strap portion of the seat belt. It prevents the occupant from falling to far forward into the path of the air bag.
Because the public remains uninformed about air-bag issues, the Washington, D.C. -based National Traffic Safety Administration is considering a petition from several consumer groups. The purpose of the petition is to require auto manufacturers to provide better information about the velocity of air bags. Typical information to be provided should include not only information about the velocity of the air bag, the excursion distance of the air bag and the number of injuries associated with the air bag.
Anyone who supports the petition fuller disclosure should contact the National Traffic Safety Administration.