You trusted your airbag to protect you. When it failed during a crash, you probably felt confused and angry. Airbags are supposed to cushion your impact and reduce serious injuries. When they don't work as designed, the consequences can be life-altering.
At Lorenz & Lorenz, PLLC, our car accident lawyers have represented Austin residents dealing with airbag failures since 2001. If your airbag didn't deploy and you're facing mounting medical bills and serious injuries, reach out to a lawyer for guidance.
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Key Takeaways: When Airbags Fail to Deploy
- Airbag failure can result from manufacturing defects, improper maintenance, or faulty sensors that don't detect the crash.
- You may have a claim against the vehicle manufacturer, the airbag manufacturer, or another driver who caused the collision.
- Injuries from non-deployment are often more severe than they would have been with proper airbag function.
- Preserving the vehicle and airbag system is necessary for your attorney to investigate what went wrong.
- Insurance companies may try to blame you for injuries that the airbag should have prevented.
- Product liability claims follow different rules from standard car accident cases and often require technical analysis.
- Call a car accident lawyer who handles both collision cases and product defect claims.
Why Airbags Sometimes Don’t Deploy
Airbags are designed to deploy within milliseconds after sensors detect sudden deceleration during a collision. When deployment fails, several technical or mechanical factors may be involved.
Manufacturing defects are a common cause, including flaws in the airbag module, inflator, or sensors, sometimes affecting entire vehicle models. Improper repairs or maintenance can also disable airbags if components were disconnected or replaced with aftermarket parts that do not meet safety standards.
In some cases, crash sensors may not detect the impact, particularly when collisions occur at unusual angles or speeds outside programmed thresholds. Finally, vehicle recalls may be relevant, as unresolved recall repairs can leave known airbag defects uncorrected.
Get Medical Care Immediately
Your health comes first after any collision. Airbag failure often results in injuries that might not seem serious right away. Head injuries, chest trauma, and internal bleeding can worsen over hours or days.
Go to an emergency room or urgent care facility right after the crash. Tell medical providers that your airbag didn't deploy. This information helps doctors understand the forces involved in your collision and what injuries to look for.
Follow all treatment recommendations. Some people skip follow-up appointments because they feel better or worry about costs. Missing appointments creates gaps in your medical records that insurance companies will use against you.
Keep detailed records of every medical visit. Save receipts, bills, and notes from your doctors. Document how your injuries affect your daily life and ability to work.
Don’t Let Anyone Alter Your Vehicle
Your vehicle is critical evidence in an airbag failure case. The airbag system, crash sensors, and vehicle computer all contain information about what happened and why the airbag didn't deploy.
Tell your insurance company not to total or dispose of your vehicle until your attorney has a chance to inspect it. Insurance companies often want to move quickly to settle property damage claims. Once they take possession and process the vehicle, important evidence may be destroyed.
If the vehicle must be moved from the accident scene, have it towed to a secure location. Don't allow anyone to attempt repairs or remove parts from the airbag system.
Take photographs of the entire vehicle, especially the steering wheel, dashboard, and any deployed side airbags. It is also important that you document the damage from multiple angles before the vehicle is moved.
Understanding Who Might Be Liable
Airbag failure cases often involve more than one liable party. A thorough investigation identifies all potential sources of compensation connected to the crash and the defective safety system.
At-Fault Driver Liability
The other driver may still be liable for causing the collision itself. An airbag failure does not eliminate responsibility for negligent driving, and claims may proceed against both the driver and airbag-related parties.
Manufacturer Responsibility
The vehicle manufacturer might be liable if the airbag system was defectively designed or manufactured. Automakers have faced claims involving widespread airbag failures affecting multiple models.
Component Supplier Liability
The airbag manufacturer may be a separate company, such as a supplier providing airbags to several brands. Defective components can place responsibility on the supplier.
Service and Prior Owner Issues
Repair shops or mechanics may be liable for improper servicing. Previous owners may also bear responsibility if airbags were intentionally disabled before resale.
How Insurance Companies Handle These Claims
Insurance adjusters often look for ways to minimize your claim, including arguing the crash was not severe enough to require airbag deployment, a conclusion that should not be accepted without investigation.
Your own insurer may also deny coverage, citing policy exclusions or alleging you should have known of a defect. The at-fault driver’s insurer may claim your injuries would have occurred regardless of the airbag's function. Product liability claims differ from standard accident cases and involve technical evidence requiring focused legal analysis.
What Compensation You Might Recover
Airbag failure claims often involve a wide range of damages beyond the initial crash impact. A complete evaluation considers both immediate losses and long-term consequences.
- Medical expenses include emergency care, hospital stays, surgeries, rehabilitation, and ongoing treatment, with future medical needs documented through professional review.
- Lost income covers missed income and reduced earning capacity when injuries prevent a return to work, especially in cases involving permanent limitations.
- Pain and suffering reflect physical discomfort and emotional distress, which may stem from facial injuries, traumatic brain injuries, or chest trauma.
- Property damage addresses the full cost of repairing or replacing your vehicle, subject to careful estimate review.
- Punitive damages may apply when a manufacturer knew of a defect and failed to provide warnings.
The Role of Vehicle Recalls
Car manufacturers issue recalls after discovering safety defects, and airbag recalls have affected millions of vehicles in recent years. If your vehicle was subject to a recall, that fact can strengthen your claim.
Recall information is available through the National Highway Traffic Safety Administration using your vehicle identification number from registration or insurance records. Even without receiving notice, manufacturers may still be responsible for failing to warn owners. If notice was sent but repairs were not completed, this may affect the claim, though missed notices are common with moves or used vehicle purchases.
Why You Need a Lawyer Quickly
Texas gives you a limited time to file a lawsuit. Personal injury claims must typically be filed within two years of the accident. Product liability claims have similar deadlines. Missing these deadlines means losing your right to compensation.
Evidence disappears over time. Witnesses forget details, vehicles get scrapped, and documents get lost. Your attorney needs to act quickly to preserve evidence and interview witnesses while memories are fresh.
Insurance companies move fast to settle claims cheaply. They might pressure you to accept an offer before you understand the full extent of your injuries. Once you settle, you can't reopen your claim if you discover additional injuries or need more treatment.
Product defect cases require extensive investigation. Your lawyer might need to hire engineers, review manufacturing records, and examine similar complaints about your vehicle model. This investigation takes time.
Dealing with Multiple Injuries
Airbag failure often results in injuries that a deployed airbag would have prevented. Head and facial injuries are common when your head strikes the steering wheel or dashboard. These injuries can include skull fractures, facial bone fractures, and traumatic brain injuries.
Chest and rib injuries occur when your torso hits the steering wheel without the cushioning effect of an airbag. Broken ribs can puncture lungs and cause internal bleeding.
Neck injuries like whiplash become more severe without airbag protection. You might suffer cervical spine damage that leads to chronic pain and limited mobility.
Internal organ damage can occur from blunt force trauma to your abdomen. Your liver, spleen, and kidneys are vulnerable in crashes where airbags fail to deploy.
The Investigation Process
Your attorney will obtain the crash report from local law enforcement. In Austin, reports from the Austin Police Department provide details about how the collision occurred. The report might note that airbags didn't deploy.
We'll download data from your vehicle's event data recorder. Modern cars have black boxes that record information about the seconds before and during a crash. This data shows vehicle speed, braking, and whether the airbag system received a deployment signal.
Our investigators will photograph and document your vehicle before it's altered or destroyed. We'll examine the airbag module, sensors, and wiring for defects or damage.
We'll research similar complaints and lawsuits involving your vehicle make and model. If other people experienced airbag failures in similar crashes, this pattern strengthens your case.
Common Defense Arguments
Manufacturers and insurance companies use predictable defenses in airbag failure cases. They might claim the collision wasn't severe enough to trigger deployment. Crash severity is measured by the change in velocity, not just how the vehicles look afterward.
They may argue that you weren't wearing your seatbelt properly. While seatbelt use affects injury severity, it doesn't excuse an airbag that should have deployed but didn't.
Defense lawyers sometimes claim the airbag would have caused additional injuries if it had deployed. This argument ignores that airbags are designed to reduce overall harm, even if they cause minor injuries like airbag burns or abrasions.
They might point to aftermarket modifications to your vehicle. If you've added a custom steering wheel or other components, they'll argue these modifications interfered with the airbag system.
Settlements versus Trials
Most airbag failure cases settle before trial. Manufacturers don't want publicity about defective products, and juries often award significant damages in these cases. Your attorney will negotiate for fair compensation while preparing your case for trial if necessary.
Settlement offers should fully compensate you for all damages. Don't accept less than you deserve because you're worried about the time and stress of a trial. Your lawyer's job is to protect you throughout the process.
If settlement negotiations fail, taking your case to trial might be necessary. Travis County courts hear personal injury and product liability cases. Our attorneys have experience presenting technical and detailed evidence to juries in Austin.
Trial preparation includes deposing witnesses, consulting with technical professionals, and developing compelling presentations. Your lawyer will keep you informed and involved in strategic decisions.
Call Our Austin Car Accident Lawyers
Since 2001, Lorenz & Lorenz, PLLC has focused exclusively on injury cases for people across Travis, Williamson, Bell, and Hays counties. Our work is rooted in handling challenging vehicle collision claims, including cases where safety systems like airbags raise questions. Clients often mention clear communication and steady guidance throughout the process, and that consistency matters to us.
Our attorneys concentrate only on personal injury law, supported by an in-house investigator and long-standing local resources. Ted Lorenz, Lesley Lorenz, and Price Ainsworth have been recognized as Rising Star Super Lawyers, an honor earned through peer evaluation. We make it easier to talk by meeting clients at home, in the hospital, or at our Austin office, seven days a week. Consultations are free, with no obligation.
FAQ: Airbag Failure in Texas
How do I know if my airbag should have deployed?
Airbags typically deploy in moderate to severe frontal crashes above certain speed thresholds. Your attorney can have an expert analyze the crash data to determine if deployment should have occurred based on the impact forces.
Can I sue if I bought my car used?
Yes. Your claim is against the manufacturer or other responsible parties, not the seller. Product liability extends to subsequent owners who suffer an injury from defective products.
What if the other driver doesn’t have insurance?
You might still recover compensation from the vehicle or airbag manufacturer. Product liability claims don't depend on the other driver's insurance coverage.
How long does an airbag case take?
Product liability cases often take longer than standard car accident claims because they involve technical and detailed evidence. Your attorney can give you a realistic timeline based on the specifics of your situation.
Will I have to pay up front for a lawyer?
Most personal injury attorneys, including Lorenz & Lorenz, PLLC, work on contingency. You pay nothing unless we recover compensation for you.
