I am writing to bring to your attention a safety defect in the 2015 BMW 528i that needs to be investigated. The vehicle has a defect in the design of the occupant protection system, involving both the seatbelt and airbag systems. The battery in the 2015 BMW 528i is located in the trunk just interior and below the rear bumper. In a rear-end collision the battery may become disabled and relies on a capacitor for back up power. Per BMW specifications the capacitor only holds power for 150 seconds. In a resulting frontal impact, the airbags will not deploy if the battery power has been disrupted and the capacitor has also run out of power before the frontal impact reaches a threshold to deploy the airbags. A corresponding flaw in the occupant protection system is the adaptive load limiter disposal firing. Per BMW specifications, the adaptive load limiter had a disposal firing at 250 seconds after the initial load limiter is activated. This disposal firing allows for additional spool out of the seatbelt. This has catastrophic consequences when the front airbag has not deployed and the driver is released from the seatbelt due to the additional spool out and is allowed to come into contact with the steering wheel. Both the power defect and the adaptive load limiter defect impacts the safety performance as it relates to the passenger as well. This accident scenario was recently put to a jury in Alexander v. BMW of North America, LLC, 7:18-cv-03065-JD in the United States District Court for the District of South Carolina, Spartanburg Division. In Alexander, the load limiter deployed at 18 ms, the power was disrupted at 120 ms, the adaptive load limiter then fired at 268 ms, and the capacitor lost power at 270 ms. The airbag was not able to be fired and the additional spool out allowed Ms. Alexander to strike the steering wheel. The jury returned a verdict for the Plaintiff and found that the system, including the airbag and seatbelt system, was defective.

- Albuquerque, NM, USA