Experiencing a car accident is traumatic enough without the added distress of an airbag failure. Airbags are designed to protect you during a crash, but what happens when they don’t deploy? This article will explore the legal options available if your airbags didn’t deploy, when you can sue, and how to proceed with a claim.
Common Reasons Airbags Don’t Deploy
Airbags may fail to deploy for several reasons, often linked to defects or specific circumstances of the crash. Here are some common reasons:
Defective Airbags: Manufacturing defects can cause airbags to fail. These defects might involve faulty sensors, wiring issues, or problems with the airbag module itself.
Minor Collisions: Airbags are designed to deploy in moderate to severe crashes. In minor accidents, the force may not be sufficient to trigger airbag deployment.
Faulty Airbag Installation: In some cases, the airbag system might not be installed correctly. This could be due to an error during the assembly of the vehicle or improper maintenance and repairs by a service provider.
Previous Airbag Deployment: If the vehicle has been in a prior accident and the airbags were not replaced correctly, they may not deploy again.
Sensor and Software Malfunctions: Airbags rely on sensors and software to detect collisions and deploy accordingly. Any malfunction in these components can lead to a failure. This includes issues like faulty wiring, broken sensors, or software bugs.
When Are Airbags Supposed to Deploy?
Airbags are intended to deploy in specific situations to protect occupants. Generally, airbags should deploy during:
Frontal Collisions: Front airbags are designed to deploy in head-on or near-head-on collisions.
Side Collisions: Side airbags should be deployed during side-impact crashes to protect the upper body and head.
Severe Crashes: Airbags deploy in crashes where the impact is severe enough to potentially cause significant injuries.
What Type of Injuries Occur When Airbags Do Not Inflate?
When airbags fail to deploy, the injuries can be severe due to the lack of protection. Common injuries include:
Traumatic Brain Injuries: Without the cushioning effect of an airbag, occupants are at higher risk of hitting their heads, leading to concussions or more severe brain injuries.
Spinal Cord Damage: The sudden impact can cause spinal injuries, ranging from herniated discs to paralysis.
Broken Bones: Collisions can result in fractures, especially to the upper body, arms, and legs.
Internal Bleeding: The force of the crash can cause internal injuries that might not be immediately apparent.
Soft Tissue Injuries: Whiplash and other soft tissue injuries are common in accidents where airbags fail to deploy.
Who Is Liable When Airbags Do Not Deploy?
Determining liability in cases of airbag failure involves identifying the party responsible for the defect or malfunction. Possible liable parties include:
Vehicle Manufacturer: If the car manufacturer produced a defective vehicle or airbag system, they might be liable for any resulting injuries.
Airbag Manufacturer: If the defect lies within the airbag itself, the airbag manufacturer could be held accountable.
Car Dealership: If a dealership sold a car with known defects or failed to address recall notices, they might share liability.
Maintenance Providers: If improper maintenance or repairs contributed to the airbag failure, the service provider could be liable.
Can I Sue If My Airbags Didn’t Deploy?
Yes, you can sue if your airbags didn’t deploy and you suffered injuries as a result. Legal action can be taken against the responsible parties for compensation for your injuries, medical expenses, and other damages.
When Can I Sue If My Airbags Didn’t Deploy?
You can pursue a lawsuit under the following circumstances:
Injury Occurred: You must have suffered injuries due to the airbag failure.
Defect or Negligence: There must be evidence of a defect in the airbag system or negligence by the airbag manufacturer or other parties.
Causation: You need to prove that the failure of the airbags directly caused your injuries.
How Can I Sue If My Airbags Didn’t Deploy?
To sue for airbag failure, follow these steps:
Seek Medical Treatment: Immediately seek medical attention after the accident to document your injuries.
Document the Accident Scene: Take photos, gather witness statements, and collect any evidence from the scene.
Contact a Car Accident Lawyer: Consult with an experienced personal injury attorney who specializes in car accidents and product liability cases. They can guide you through the process and help you understand your legal options.
Expert Testimony: Your lawyer might employ experts to testify about the defect or negligence involved.
File a Lawsuit: Your attorney will help you file a lawsuit against the liable parties.
How Do You Prove Liability After Airbags Do Not Deploy During a Crash?
Proving liability in airbag failure cases involves demonstrating that a defect or negligence directly caused your injuries. Here are the steps to establish liability:
Gather Evidence: Collect all available evidence, including police reports, accident scene photos, and witness testimonies.
Vehicle Inspection: Have a professional inspect your vehicle to identify any defects in the airbag system or other related components.
Expert Testimony: Engage experts who can testify about the airbag defect and how airbags failed to function correctly during the crash.
Medical Records: Use your medical records to link your injuries to the airbag’s failure to deploy.
Recall Information: Check if there have been recalls for the airbag system in your vehicle and gather documentation on any known defects.
What Damages Can You Collect When Airbags Fail to Deploy During a Car Collision?
If your airbag failed to deploy during a car collision, you may be entitled to various types of compensation, including:
Medical Expenses: Compensation for current and future medical costs related to your injuries.
Lost Wages: Reimbursement for income lost due to the inability to work after the accident.
Pain and Suffering: Damages for the physical and emotional distress caused by the accident and injuries.
Property Damage: Compensation for any damage to your vehicle and personal property.
Permanent Disability: If the injuries result in long-term or permanent disability, you may receive compensation for the impact on your quality of life.
Punitive Damages: In cases of gross negligence or intentional misconduct, you might be awarded punitive damages to punish the responsible party.
How an Attorney Can Help You When Airbags Don’t Deploy
When airbags fail to deploy in a car accident, the aftermath can be overwhelming. Victims often face severe injuries, mounting medical bills, and complex legal battles. In such cases, an experienced attorney can provide invaluable assistance. Here’s how an attorney can help you navigate the complexities of an airbag deployment failure case and secure the compensation you deserve.
Case Evaluation
A car accident lawyer will start by evaluating your case to determine its merits. They will review the accident details, your injuries, and the evidence available.
Investigation and Evidence Gathering
Your lawyer will conduct a thorough investigation to gather all necessary evidence. This includes inspecting the vehicle, consulting with experts, and collecting documentation related to the airbag system.
Establishing Liability
The next step is to establish liability by proving that the defect or negligence caused your injuries. Your lawyer will use the gathered evidence and expert testimonies to build a strong case.
Negotiation and Settlement
Often, these cases are settled out of court. Your lawyer will negotiate with the responsible parties or their insurance companies to seek maximum compensation for your damages.
Filing a Lawsuit and Representing You in Court
If a fair settlement isn’t reached, your attorney files a lawsuit and represents you in court, handling all legal proceedings and presenting your case effectively.
Calculating and Pursuing Compensation
Attorneys help determine the full extent of your damages and pursue maximum compensation for medical costs, lost wages, pain and suffering, and more.
Take Action Now: Protect Your Rights with BLG
When airbags fail to deploy during a car accident, the consequences can be severe. If you’ve suffered injuries due to an airbag failure, you have the right to seek compensation. Understanding the causes of airbag deployment failures, knowing when and how to sue, and proving liability are crucial steps in pursuing legal action. Consulting with a knowledgeable car accident lawyer can help you navigate this complex process and ensure you receive the compensation you deserve.
At BLG, we offer free legal consultations to help you understand your legal options. If you’ve been injured in a motor vehicle accident and your airbags didn’t deploy, our experienced team is here to discuss your case and assist you in seeking justice and compensation for your injuries.
Contact us today for a free consultation.
FAQs
What is the average settlement for airbags not deploying?
Settlement amounts can vary widely depending on factors like severity of injuries, negligence, and legal jurisdiction. It’s best to consult with a legal professional for specifics.
What does it mean when airbags don’t deploy in an accident?
When airbags fail to deploy in a collision, it could indicate a malfunction or defect in the airbag system, potentially leaving occupants at greater risk of injury.
Can airbags falsely deploy?
Yes, although rare, airbags can falsely deploy due to sensor malfunctions, electrical issues, or other mechanical failures.
Can an airbag deploy late?
Yes, it’s possible for airbags to deploy late, especially in high-speed collisions where the impact is severe enough to trigger a delayed response from the airbag system.
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