When a car accident occurs, the safety features in your vehicle, like airbags, are there to protect you from serious harm. But if an airbag deployment failure happens, the risk of severe injuries increases, and the situation can become much more complex. Understanding your rights if your airbags fail to work as intended can help you take steps toward recovering the costs and suffering you’ve endured. Knowing when you can file a lawsuit, who might be liable, and how to gather evidence provides the foundation for seeking justice and compensation for airbag failures.
Can I Sue the Manufacturer if My Airbags Don’t Deploy? Key Takeaways
- You can sue for airbag failures if they result from a defect in the design, manufacture, or installation of the airbag system. This includes cases where airbags didn’t deploy during an accident, leading to severe injuries.
- Potential defendants may include the car manufacturer, airbag supplier, or any company responsible for distribution, installation, or maintenance.
- Successful lawsuits often require strong evidence, including expert testimony, accident reconstruction, and documentation of injuries and damages.
- Proving liability depends on demonstrating that the airbag should have deployed under the crash conditions and that failure to deploy worsened your injuries.
- Working with an experienced attorney helps gather necessary evidence, navigate complex legal standards, and pursue fair compensation.
What Causes Airbags to Fail and Not Deploy?
Airbag systems are complex and rely on intricate sensors, electrical signals, and specific impact triggers to deploy. However, various factors can lead to situations where the airbag failed, resulting in increased risk for passengers in an accident. Understanding why airbags may fail can help identify responsible parties if an injury occurs due to non-deployment.
Computer Activation Problems
Airbags rely on signals from the vehicle’s electronic control unit to activate upon impact. When a crash occurs, the control unit sends a signal to ignite a harmless gas, inflating the airbag quickly. However, defective electrical components or faulty wiring may prevent the airbag from receiving the correct signal, causing it to fail. This can result in a faulty airbag, posing serious safety issues such as failing to deploy properly or causing harm due to malfunctioning design.
Defective Crash Sensors
Crash sensors play a critical role in detecting impacts and triggering the airbag deployment process. Design flaws, poor calibration, or improper installation of these sensors may result in them failing to recognize a crash, leaving airbags inactive when they should deploy. This can lead to situations where airbags failed, raising significant legal implications for manufacturers.
The Airbag Needs Replacing
Airbags are single-use safety devices, meaning they need replacement after each deployment. If a vehicle has previously been in an accident but the airbags were not replaced, they may not deploy again when needed, putting occupants at greater risk in future collisions.
Other Failures in the Airbag Module
Various other defects can affect the airbag’s function, from punctures or tears in the airbag material to mechanical issues in the firing mechanism. In such cases, the airbag may fail to deploy due to a compromised module, especially if manufacturing or assembly errors are present.
Common Injuries After Airbags Fail to Deploy
When airbags fail to deploy in a collision, the lack of protection can lead to a range of serious and potentially life-threatening car accident injuries. Without this crucial safety feature, vehicle occupants may suffer from impacts with hard surfaces inside the car, significantly increasing the risk of trauma.
- Chest Injuries: Broken ribs, punctured lungs, and other chest-related injuries are common when airbags don’t deploy, as there is nothing to cushion the chest from impact with the steering wheel or dashboard.
- Neck and Back Injuries: Whiplash, herniated discs, spinal cord injuries, and other severe neck and back injuries can occur, especially when passengers are thrown forward.
- Head and Brain Trauma: Direct impacts on the head can lead to concussions, traumatic brain injuries, and other head injuries that may cause lasting physical and cognitive effects.
- Facial and Eye Injuries: Without the protection of an airbag, occupants’ faces may hit the dashboard, resulting in fractures, abrasions, and eye injuries that can lead to long-term scarring or vision issues.
- Internal Organ Damage: The force of a collision can lead to internal injuries, such as organ bruising or internal bleeding, which may not be immediately visible but require urgent medical attention.
In some cases, airbag failures can also contribute to car accident fatalities, especially in high-impact crashes. Victims or their families may have grounds for a wrongful death claim in situations where airbag non-deployment directly leads to loss of life.
Who Is Liable When Airbags Fail to Deploy?
When airbags fail to deploy in a motor vehicle accident, determining liability is essential to pursue compensation. Multiple parties could potentially be held responsible for injuries caused by a defective airbag. Establishing who is at fault involves examining the vehicle’s history, any modifications, and details surrounding the accident.
Who You Bought Your Vehicle From May Affect Who May Be Held Liable
If you purchased a used vehicle, holding the original manufacturer accountable may be challenging, as previous owners might have altered the vehicle or used the airbags in prior crashes. Modifications or damage from previous accidents can affect the airbag’s functionality. However, when purchasing from a dealership, the car’s history is often more accessible, and liability may still fall on the manufacturer if an undetected defect is found. In such cases, proving that the airbag’s failure to deploy directly caused the suffered injuries is crucial to establish liability.
Can I Hold the Vehicle or Airbag Manufacturer Responsible for My Damages?
Manufacturers can be liable when airbag failures stem from design flaws, manufacturing errors, or distribution issues. Proving manufacturer responsibility requires showing that the airbag contained a defect when the vehicle left the factory, compromising safety. If the airbag malfunction was due to poor installation or a flaw in the airbag system itself, both the vehicle and airbag manufacturers might be accountable. Consulting experienced personal injury lawyers can clarify these details, helping build a case against the liable parties.
How Do You Prove Liability After Airbags Do Not Deploy During a Crash?
Proving liability in an airbag non-deployment case requires a detailed investigation and compelling evidence to demonstrate that a defect caused the failure. To establish liability, a plaintiff must show that the airbag should have deployed based on the accident’s specifics, that a defect prevented this, and that this failure directly contributed to their injuries.
The following elements are crucial for proving liability:
- Demonstrating Expected Deployment: For a successful claim, evidence must show that the collision conditions should have triggered the airbags. This may involve accident reconstruction experts who can assess crash speed, direction, and impact, proving that deployment was warranted.
- Identifying a Defect: A key part of the case involves identifying the specific defect that prevented the airbag from deploying. Possible defects may include malfunctioning sensors, wiring issues, or flawed airbag design. Documentation from vehicle inspections or expert testimony from engineers can provide proof of the defect.
- Linking Injuries to the Failure: To hold the manufacturer accountable, the plaintiff must show that their injuries were a result of the airbag not deploying. Medical reports and expert medical testimony can support the claim that injuries would have been less severe or avoided entirely had the airbag functioned correctly.
In addition to the above, you should also check your car’s VIN to see if it’s ever been subject to an airbag defects recall.
Some readers may remember the Takata airbag recall notices that went out starting back in 2015. News programs across the country gave notice that this defective airbag recall impacted tens of millions of American vehicles. In fact, Takata airbags are standard issue in many cars and trucks made within the last 30 years. At the time, the Takata recall included more than 63 million defective airbags in vehicles around the globe, including:
- Acura
- Audi
- BMW
- Cadillac
- Chevrolet
- Chrysler
- Daimler
- Dodge/Ram
- Ferrari
- Fisker
- Ford
- GMC
- Honda
- Infiniti
- Jaguar
- Jeep
- Land Rover
- Lexus
- Lincoln
- Mazda
- McLaren
- Mercedes-Benz
- Mercury
- Mitsubishi
- Nissan
- Pontiac
- Saab
- Saturn
- Scion
- Subaru
- Tesla
- Toyota
- Volkswagen
Then late last year, another Takata airbag recall went out due to the bag’s inflator device exploding or failing to work. The car’s manufacturer is almost irrelevant at this point, but the specific makes for the 2019 Takata airbag recall include:
- Toyota
- BMW
- Audi
- Honda
- Mitsubishi
- Isuzu
There are too many different affected models to type up here. Basically, if you’re driving a car or truck made between 1996 and 2017, it’s worth looking up your VIN to be safe. Many of you got either postcards or letters from dealerships advising you to come in for this airbag recall. But if you drive a used car or never replaced the airbag, this may explain why yours failed to deploy.
Given the technical nature of these cases, attorneys typically work with experts like engineers, accident reconstruction specialists, and medical professionals to compile a comprehensive set of evidence. Their combined analysis strengthens the claim, showing how the defect led to the injuries and highlighting the defendant’s responsibility.
How Can I Gather Evidence for My Car Accident Case?
Gathering strong evidence is essential to support a claim for injuries caused by an airbag that failed to deploy. Effective documentation after a car crash can establish the sequence of events, demonstrate the nature of the defect, and strengthen the case against liable parties. Here are key steps in gathering evidence:
- Photographic Evidence: Take clear pictures of the accident scene, any damage to your vehicle, and the interior where the airbag should have deployed. Photos of your injuries immediately after the accident can also be helpful for documenting their severity.
- Witness Statements and Contact Information: Collect contact information from witnesses who saw the crash. Their statements can corroborate your account of the accident and confirm that the collision’s impact was strong enough to trigger an airbag deployment.
- Medical Records and Expenses: Keep records of all medical evaluations, treatments, and bills associated with your injuries. Detailed medical documentation helps establish that your injuries were directly caused or worsened by the airbag failure.
- Accident Report: Obtain the official police report from the accident. This document includes essential details, such as the time and location of the crash, initial findings by law enforcement, and statements from involved parties. It serves as an official record for your claim.
- Expert Testimony and Accident Reconstruction: An attorney can help secure experts who can reconstruct the accident and evaluate the airbag system. Testimony from professionals, such as engineers or medical experts, can offer objective insights into why the airbag didn’t deploy and how the defect affected your injuries.
Organizing and preserving this evidence with the help of a legal team can significantly strengthen your case. By building a robust body of documentation, you increase the chances of holding the responsible parties accountable and securing fair compensation.
What Damages Can You Collect When Airbags Fail to Deploy During a Car Collision?
When airbags fail to deploy in a car accident, victims can seek compensation for a range of damages. These damages address the financial, physical, and emotional tolls caused by the defective airbag and the resulting injuries.
- Medical Expenses: Victims can recover costs for immediate medical treatments, surgeries, hospital stays, and follow-up visits. This includes the cost of future medical care, such as physical therapy, rehabilitation, or any ongoing treatments related to the injuries sustained.
- Lost Wages and Reduced Earning Capacity: If the injuries prevent victims from working temporarily or permanently, they may seek compensation for lost income. In cases where the injuries affect the victim’s ability to work long-term, compensation can also cover diminished earning potential.
- Pain and Suffering: Physical pain and emotional distress from the injuries often have a significant impact on victims’ lives. Compensation may be awarded for both physical discomfort and the emotional impact, including anxiety, depression, or reduced quality of life due to the injury.
- Property Damage: Victims can also seek damages to cover repair costs for their vehicle or other property damaged in the collision. This includes the costs of replacing totaled vehicles or any other valuable items damaged during the crash.
- Permanent Disability or Disfigurement: When injuries lead to lifelong disabilities, scarring, or disfigurement, compensation can address the ongoing challenges and limitations imposed by these conditions. This damage category may account for prosthetics, home modifications, or other support necessary for a modified lifestyle.
- Wrongful Death: If an airbag failure contributes to a fatality, surviving family members may file a wrongful death claim. This allows them to seek damages for funeral expenses, loss of financial support, and emotional suffering due to the loss of their loved one.
Calculating damages accurately requires a comprehensive understanding of both current and future impacts of the injuries. Working with a knowledgeable attorney ensures that victims receive fair compensation for all losses, helping them rebuild their lives after a devastating airbag failure.
Work With an Auto Accident Lawyer for Your Airbag Lawsuit
When airbags fail to deploy in an accident, the consequences can be severe and life-altering. Victims have the right to pursue legal action to recover compensation for medical expenses, lost wages, pain and suffering, and other damages related to their injuries. By gathering strong evidence, working with experts, and seeking experienced legal support from a car accident lawyer, victims can hold manufacturers accountable for faulty airbags. Understanding these steps empowers those affected by airbag failures to seek justice, promote accountability, and secure the support they need to move forward.