NHTSA Complaint #10861760 — 2000 MAZDA MPV

APPROXIMATELY SIX BLOCKS FROM HIS HOME, THE OWNER OF A 2000 MAZDA MPV MINIVAN WAS IN THE LEFT TURN LANE OF A HIGHWAY WAITING TO TURN LEFT. WHILE STOPPED AND WITH NO IMPACT, THE SIDE AIRBAGS SPONTANEOUSLY DEPLOYED FROM BOTH SIDES OF THE VEHICLE STRIKING THE DRIVER. THERE WERE TWO CHILDREN SEATED IN THE REAR. AS REPRESENTED IN THE ATTACHED PHOTOGRAPHS, THERE IS NO BODY DAMAGE TO THE VEHICLE. THIS AIRBAG DEPLOYMENT CAUSED SEVERE INJURIES TO THE DRIVER AND NECESSITATED HIS TRANSPORT VIA AIR AMBULANCE TO A LEVEL ONE TRAUMA CENTER. THESE INJURIES NECESSITATED SURGERY TO REPAIR A LACERATED SPLEEN AND ULTIMATELY RESULTED IN $88,537.00 IN MEDICAL BILLS. THE CLAIM WAS PRESENTED TO MAZDA, HOWEVER NORTH CAROLINA'S STATUTE OF REPOSE WOULD HAVE LIKELY PREVENTED A SUCCESSFUL SUIT. MAZDA, HOWEVER, DID CONDITION A CONFIDENTIAL SETTLEMENT OFFER TO THE DRIVER OF THE VEHICLE ON THE DESTRUCTION OF THE VEHICLE. PLAINTIFF REQUESTED THAT PROPER NOTIFICATION BE MADE TO NHTSA AND NO REASSURANCE WAS GIVEN THAT SUCH REPORT WAS MADE. IN LIGHT OF THE INJURIES TO THE DRIVER AND THE DEMAND MADE BY MAZDA TO DESTROY THE VEHICLE, THE DRIVER, BY COUNSEL, CONSIDERS NOTIFICATION TO NHTSA APPROPRIATE. CLAIMANT WILL NOT ENGAGE IN SPOLIATION OF THE VEHICLE UNTIL NHTSA DETERMINES IF EXAMINATION OR INVESTIGATION IS NECESSARY. THE VEHICLE IS AVAILABLE FOR INSPECTION AND WILL BE UNTIL NOTIFICATION FROM NHTSA IS RECEIVED BY THE UNDERSIGNED.