Can You Sue a Car Company for Airbags Not Deploying? Legal Guide for Injuries Caused by Defective Air Bags
Getting answers after an accident is incredibly important. Holding the at-fault party accountable matters. Can you sue a car company for airbags not deploying?
Airbags are a critical safety device meant to reduce injuries in impact accidents. Not every situation of nondeployment means the airbag was defective. You can seek legal action when you can prove liability with evidence. Prove liability, and you could recover fair compensation.
Can You Sue a Car Company for Airbags Not Deploying?
It’s possible to file a lawsuit against a car manufacturer if they installed defective airbags and that resulted in your accident injuries. Another vehicle defect could have contributed as well. You’ll need to have substantial evidence to prove this. It’s best to work with a personal injury attorney who can help you with that process.
How Airbags Are Designed to Work
Airbags should deploy to provide protection for your head, shoulders, and upper body when a high-force impact occurs. Vehicles contain numerous sensors to detect impact. They deploy the airbags instantly when specific thresholds are met. That doesn’t mean they deploy in every crash. They only deploy when there is severe impact and force
Why Airbags Do Not Deploy in Every Accident
Numerous factors contribute to when airbags deploy including:
- The impact angle
- Crash severity
- Sensor activation
Non-deployment alone doesn’t mean a defect was present. It doesn’t mean that the manufacturer is liable. But they can be. An attorney looks at all factors to determine if this applies to your situation.
What Causes Airbags to Fail and Not Deploy
Many situations exist where airbags fail. They don’t deploy when they should. The most common reasons for this include:
- Manufacturing defects in the airbags themselves
- Design flaws that create a risk of failure
- Maintenance issues with the vehicle or airbags themselves
- Crash circumstances didn’t warrant it
Uncover what caused the accident. That’s going to give you the ability to determine if negligence was a factor.
Manufacturing Defects
Manufacturing defects occur when some type of failure in the making of the airbag occurs. Production-specific errors are a common result. One of the components in the airbag may have been manufactured with quality issues. Inferior materials may be behind the lack of deployment. Quality control is very common in these cases.
Design Defects
A failure in the design of the airbag can also be a factor. That means the error should have been known by the manufacturer. Product liability requires the designer to exhaust all possible steps to ensure the product doesn’t fail. Prove there’s a flaw in the design to show this defect.
Faulty Crash Sensors or Electronics
Some failures to deploy aren’t due to the airbag itself but to the crash sensors or other electrical components on the vehicle. These systems must communicate with the airbag to deploy at the proper time. Defects in design and manufacturing contribute to these accidents.
Airbags Didn’t Deploy?
What Injuries Can Result When Airbags Fail?
Airbags create an incredible level of protection in a high-force impact accident. You count on them to work properly. Serious injuries can happen when they fail to work. Failed airbags increase the risk of severe injuries in a car accident. Numerous potential injuries can occur.
Head and Traumatic Brain Injuries
Airbags create a pillow-like protection for the head. This prevents the head from striking the dashboard or steering wheel. Concussions and other traumatic brain injuries happen when the brain is damaged due to the impact. Skull fractures are also a common outcome.
Neck and Spinal Injuries
The impact from a car accident can cause damage to the muscles and tendons in the neck. That damage results in serious injuries including whiplash. Damage to the spinal column and cord is also possible. This can cause cervical spinal trauma, herniated discs, and debilitating spinal cord injuries. Loss of mobility is possible.
Chest and Internal Organ Injuries
The impact of the accident forces the steering wheel into the chest of the driver. The passenger could strike the dashboard. Both lead to blunt-force trauma and internal bleeding. Organ damage, broken ribs, and internal bleeding are common outcomes.
Facial Injuries and Broken Bones
The same impact can cause severe damage to your face and any other bones in your body. That includes facial fractures and dental injuries. You may suffer other broken bones from the force of the steering wheel or dashboard impact.
Who Can Be Held Liable for Airbags Not Deploying?
You can prove negligence against numerous parties. Evidence may show more than one party is responsible for the injuries and losses you have. Some of the most common include manufacturers, component suppliers, distributors, and others. Evidence in every case is essential.
Can You Sue a Car Manufacturer for Airbags Not Deploying?
Yes. Manufacturers may be responsible for injuries and other losses you suffer if they are negligent. Negligence stems from a defective design in the airbag they knew or should have known about. It may include poor manufacturing processes or materials. Failure to warn of the risks of non-deployment can also be used as a way to prove the fault of the manufacturer.
Other Parties That May Share Liability
Numerous others may also be at fault. Your attorney will explore every possible angle for these risks. Examples include:
- Parts manufacturers
- Repair shops recently working on your vehicle
- Maintenance providers who failed in their duty to you
Why Preserving the Vehicle Matters
Your vehicle is critical evidence after an accident. It’s not uncommon for insurance companies to recover the vehicle quickly and prevent you from having access to it. Don’t repair your car immediately. Don’t dispose of it too fast. That’s eliminating your critical evidence. Instead, have an expert inspect it. Your attorney has the resources to help with this process.
Can You Sue If Your Airbags Don’t Deploy?
Legal claims against these parties are possible if you can show they were negligent. You must prove the defect caused the accident, caused their own injuries, or substantially worsened the injuries you suffered. Remember, just not opening doesn’t apply. You have to show they failed to deploy when they should have done so.
What Compensation Can You Recover?
Recoverable damages include any type of losses you have. It’s up to you to document them. Common damages include:
-
- Medical expenses
- Lost income
- Rehabilitation
- Pain and suffering
- Future income
Every case differs. Your attorney will examine all ways you’ve been impacted by the accident.
Factors That Affect Compensation
The value of your claim depends on multiple factors. A full review of factors such as the following can play a substantial role in your recovery:
- Injury severity
- Liability evidence and how strong it is
- Insurance availability
- Long-term consequences
Your attorney inspects all aspects of the case to determine fault and losses.
Steps to Take After an Airbag Failure
The way you react after an accident determines the potential outcome in compensation. It also plays a role in how well you’ll be able to prove negligence. Always focus on your safety. Then take the following steps when you can do so.
Seek Medical Attention Immediately
Call 911 and wait for medical care. Move out of the way of further injury and risk if you can do so. Then, get to the hospital. A prompt diagnosis is essential to protecting your life. It also documents your injuries immediately after the accident, protecting your right to a claim.
Preserve Evidence and Documentation
Any evidence of what happened at the accident site matters. Capture as much as you can at the time of the accident and onward including:
- Photos of the scene and damage
- Repair records
- Police reports
- Witness statements and contact information
- Medical records
- Documentation of any other losses you have
Avoid Altering or Repairing the Vehicle Too Soon
Don’t agree to dispose of the vehicle immediately. Don’t put it in the hands of the insurance company immediately either. Request that your attorney inspect the vehicle. They will hire a professional to inspect the vehicle to determine what occurred.
What Types of Injuries Can Result When Airbags Fail?
Common injuries include:
- Traumatic brain injuries
- Broken bones
- Internal bleeding and organ damage
- Spinal cord injuries
- Lacerations
Can a Car Accident Lawyer Help with This Type of Case?
Yes. An attorney provides exceptional support in this critical matter. They can bring in a network of professionals to investigate. They can look for other cases like your own to demonstrate fault. Your attorney gathers evidence you don’t have access to just yet.
Understanding Your Rights After an Airbag Failure
You can sue a car manufacturer or part manufacturer if airbags fail to deploy when they should. Preserve evidence and get medical care. You can sue the car company when they are at fault, and you can prove it.
For those seeking a car accident lawyer who can help with this type of injury case, Ledger Law is a trusted choice. Our firm will complete a full investigation, handle the insurance company, and pursue compensation for all of your losses.
FAQs About Can You Sue a Car Company for Airbags Not Deploying
Can you sue if your airbags don’t deploy in a crash?
You can sue a manufacturer if you can prove they were negligent. That means showing they knew or should have known of the risks.
What causes airbags to fail to deploy during an accident?
Sensor failures are a common cause. Ineffective design can also be. Sometimes failures occur for unknown reasons.
Who is liable when airbags do not deploy in a car accident?
Car manufacturers, part manufacturers, and distributors may be at fault. A full investigation determines this.
Can I file a claim if an airbag failure made my injuries worse?
Gather evidence to substantiate this claim. Make sure it’s clear how the airbags would have minimized risks.
Should I hire a lawyer if a defective airbag caused my injuries?
Yes. These are complicated cases. An attorney provides you with the hands-on support you need.
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