If you have recently been in a car accident and your airbags failed to deploy, you may wonder if the car company is liable for this malfunction. Understandably, you may feel frustrated and concerned about your safety in the event of future accidents. Car manufacturers are responsible for equipping their vehicles with functioning safety features, including airbags. If they fail to do so, they may be liable for any injuries or damages that occur. It does not matter whether the car company was not the entity that made the airbag - you can hold it accountable, and it must pay you damages. To understand your rights and potential legal options, consult an experienced product liability attorney. They can evaluate your situation, gather evidence, and help you handle the legal process.
You do not have to pay anything out of your own pocket to hire a product liability attorney. They only get paid if and when you win your case. Further, the initial consultation with a product liability lawyer is entirely free, and there is no obligation to hire them if you do not win. You lose nothing by scheduling a free initial consultation with a product liability attorney.
You Are Relying on an Airbag to Protect You from Serious Injury
Airbags are a complex part of your car, and an entire mechanism makes them deploy. Everything begins with the sensors throughout your vehicle, and they should detect sudden changes in motion, impact, and deceleration. The sensors communicate with the airbag control unit. Some pyrotechnic initiators activate volatile chemicals that produce a burst of nitrogen gas, which fills the airbag virtually immediately. This entire process happens within seconds. When the airbag inflates, it can keep your head from hitting the steering wheel and your body from hitting the dashboard. If the airbag does not deploy in a head-on or side-impact car accident, you can suffer serious injuries.
Overly volatile airbags that deploy without warning when no actual crash occurs can cause injuries. Airbag explosions can spread fragments that also cause harm. However, many motorists and their passengers suffer injuries because the airbags do not activate when they should. In that case, your head and the rest of your body can collide with complex parts of the car, and you can suffer serious injuries.
Injuries Caused When Airbags Do Not Deploy
Airbags are vital safety features in vehicles, and manufacturers design them to deploy and protect occupants in the event of a collision. Airbags can significantly reduce the risk of serious injury or even save lives when working correctly. However, the consequences are devastating when airbags fail to deploy during an accident.
Injuries caused by the failure of airbags to deploy can vary depending on several factors, such as the severity and type of accident, the position of the occupants, and the speed of the involved vehicles. You may even suffer serious injuries in a crash that occurred at low speed.
Common injuries associated with non-deploying airbags include:
- Head and brain injuries: In the absence of an airbag to cushion the impact, occupants can suffer severe head and brain injuries, including concussions, traumatic brain injuries (TBIs), and skull fractures.
- Facial injuries: Without the protection of an airbag, occupants can suffer facial injuries, such as lacerations, fractures, and dental injuries, from striking the dashboard, steering wheel, or windshield.
- Chest and rib injuries: Non-deploying airbags can lead to chest and rib injuries, including fractures and contusions, as the occupants get forcefully thrown forward and contact the interior of the vehicle.
- Spinal cord injuries: When airbags fail to deploy, occupants may experience a more significant impact force, increasing the risk of spinal cord injuries, which can result in partial or complete paralysis.
- Internal injuries: The force of a collision without the protection of an airbag can cause internal injuries, including organ damage, internal bleeding, and ruptured blood vessels.
- Emotional trauma: In addition to physical injuries, the emotional trauma of being involved in a serious accident without the protection of functioning airbags can have long-lasting psychological effects.
It is essential to seek immediate medical attention if you are in an accident where the airbags did not deploy, as some injuries may not be immediately apparent. Then, you must follow up with your medical care and attend all appointments because you must do everything you can to care for your health.
Why Airbags May Not Deploy
There can be various reasons why airbags fail to deploy during a car accident. Understanding these reasons can help determine whether the car company can be liable for the non-deployment.
Some common reasons for airbag failure include:
- Sensor malfunction: Airbags rely on sensors to detect a collision and deploy immediately. Sensor malfunctions can occur due to manufacturing defects, faulty wiring, or accident damage.
- Faulty airbag control module: The airbag control module is responsible for receiving and processing information from the sensors and activating the airbags. A malfunctioning control module can prevent the airbags from deploying.
- Electrical issues: Electrical problems, such as a blown fuse or a disconnected wiring harness, can prevent the airbags from deploying in an accident.
- Design defects: In some cases, the design of the airbag system itself is flawed, leading to non-deployment or delayed deployment. Design defects include inadequate crash sensors, improper airbag placement, or ineffective inflators.
- Manufacturing defects: Errors during manufacturing, such as faulty assembly or substandard components, can render airbags ineffective.
- Tampering or disabling: In rare cases, airbags may not deploy because someone has tampered with or intentionally disabled them, either by the vehicle owner or a previous owner.
Determining the cause of airbag failure requires a thorough investigation. An experienced attorney can work with accident reconstruction experts and other professionals to evaluate the evidence and determine if the car company can be liable for the malfunction.
Who Can You Sue for Defective Airbags
If your airbags failed to deploy during an accident and you suffered injuries, you can file a product liability lawsuit against various parties, depending on the circumstances. Under product liability law, you can sue anyone in the stream of commerce. You can sue the company that made the defective airbag; the car company is also part of the stream of commerce. Car companies have built a car with a faulty airbag and sold it to you, placing them squarely in the stream of commerce. You may even sue the dealer who sold the vehicle to you.
Determining liability in a defective airbag case requires a careful analysis of the facts, expert evaluation, and understanding of product liability laws. It is essential to consult with a skilled attorney with experience in personal injury cases to guide you through the legal process and protect your rights.
Product Defects That Can Cause Airbags Not to Work
Three types of defects can make the car company strictly liable for your injuries.
Design Defects
Design defects occur when an inherent flaw in the product's design poses a risk to consumers. These defects are present from the beginning and can affect the product's safety and functionality. Examples of design defects can include faulty electrical components in electronics, weak structures in furniture, or unstable handles on kitchen appliances.
Consulting with a product liability attorney with knowledge of product liability cases is essential in design defects. They can assess the design flaw and determine if the manufacturer failed to meet the required safety standards.
Manufacturing Defects
Manufacturing defects, on the other hand, happen during the production process and result in a product that does not meet the intended design specifications. These defects can occur due to factory or assembly line errors or negligence. Common manufacturing defects include missing components, incorrect assembly, or contaminated materials.
If you have purchased a product that is not functioning as it should or has defects caused by the manufacturing process, it is essential to consult with an attorney. They can investigate the production process, gather evidence, and determine if the manufacturer is liable for the defective product.
Marketing Defects
Lastly, marketing defects involve inadequate instructions or warnings about the product, which can lead to incorrect or unsafe use. These defects occur when a product lacks proper labeling, instructions, or warnings about potential risks or hazards. Examples of marketing defects can include medications without adequate dosage instructions, cleaning products without hazard warnings, or toys without age-appropriate labels.
If you have encountered a product with inadequate instructions or warnings that resulted in an injury or harm, it is essential to seek legal advice. An attorney can assess the marketing defect and determine if the manufacturer failed to provide sufficient information to ensure safe product usage. They can help you pursue a product liability claim and seek compensation for any damages caused by the marketing defect.
How to Prove a Product Liability Lawsuit for Defective Airbags
Although you may think that it should go without saying that an airbag should work in the event of a car accident, you still need to prove that the airbag was defective to win your case. Product liability cases can be scientifically and technically complex. You will generally need the help of qualified expert witnesses who will give their opinion about what made the airbag defective.
You can also access key corporate documents from the company that made the airbag and the car manufacturer. You can request these documents as part of the discovery process of your lawsuit. You can learn what the carmaker or the airbag manufacturer knew or should have known about the dangers associated with the airbags.
Damages in a Defective Airbag Lawsuit
If you successfully establish liability in a defective airbag lawsuit, you may have the legal right to various types of damages, including:
- Medical expenses: All medical costs associated with treating injuries caused by airbag failure, including hospital bills, surgeries, medications, rehabilitation, and ongoing medical care
- Lost earnings: Compensation for any lost income during the recovery period or for future earning capacity if the injuries have resulted in permanent disability
- Pain and suffering: Compensation for physical and emotional pain, suffering, and diminished quality of life resulting from the airbag failure and injuries suffered
- Property damage: Reimbursement for the repair or replacement of any property damaged in the accident, such as the vehicle itself or personal belongings
- Punitive damages: In some cases, you may receive punitive damages if you can prove that the car manufacturer or airbag manufacturer acted with gross negligence or wanton disregard for the safety of consumers. Punitive damages can significantly increase the size of your financial recovery, and the prospect of these damages can cause the car manufacturer to try to settle your case before it reaches a jury.
The specific damages available in a defective airbag lawsuit may vary depending on the jurisdiction and the individual circumstances of the case. Consulting with a knowledgeable attorney can help you determine the types of damages you may be entitled to pursue.
Hire an Attorney If Your Airbags Malfunction
If you have been in a car accident where your airbags failed to deploy, consulting with an experienced personal injury attorney is important. They can guide you through the legal process, gather the necessary evidence, and advocate for your rights. Remember, the car company can be liable for any injuries or damages caused by the non-deployment of airbags. You can and should seek to hold the car company liable for injuries related to your airbag because they built and sold the vehicle with the defective part.
Hiring an attorney for a product liability lawsuit can also give you the support and guidance you need during this challenging time. They will handle all aspects of your case, including negotiations with the car company's insurance company and representing your best interests in court if necessary. Having an attorney by your side will ensure that you receive the compensation you deserve for your injuries, medical expenses, lost earnings, and emotional trauma.
When your airbags fail to deploy in a car accident, hiring an attorney with experience in product liability lawsuits is essential. They will fight for your rights, hold the car company accountable, and help you receive your deserved compensation. Do not hesitate to contact a trusted attorney who can guide you through the legal process and provide the support you need during this challenging time.
