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Were you or a loved one hurt by an airbag during an auto accident? Learn your legal options when you talk with a car accident lawyer. Depending on how and why the airbag deployed, as well as other factors, you may be able to get compensation to cover medical bills and other costs from the accident.
Don’t let insurance companies pressure you into accepting a settlement offer that is much lower than you deserve for the harm you suffered. Speak to personal injury lawyers during a free consultation, and find out what airbag deployment personal injury lawyers can do for you.
If you were injured due to an airbag deployment, a defective airbag issue, or the failure of an airbag to inflate, you may be able to seek compensation from the liable party. But, who is the liable party in an airbag injury case? This depends on a few factors. First, how the airbag injury occurred is important.
That is, if the airbag properly deployed during a self-crash, i.e. you crashed into another vehicle, then you may be liable for your own injuries. Yet if someone else hit you and caused you to become injured by your airbag due to the crash, the negligent driver is likely the liable party. This means you could file an injury claim against them for damages.
In contrast, if there is an airbag failure in your vehicle due to faulty airbags installed by the manufacturer, and you become injured as a result, the vehicle manufacturer and/or airbag manufacturer may be held liable as a result. This may be true regardless of how or why the crash occurred.
Because airbags are meant to protect vehicle occupants during one of the most dangerous scenarios possible, the very nature of airbag deployment, which occurs at impossible speeds, means some minor injuries may be unavoidable.
However, if you have experienced eye injuries, brain injuries, or other airbag accident injuries, you may have a personal injury case.
The most straightforward explanation for an airbag deployment is a vehicle accident — or a collision of some kind that creates an impact great enough to lead to the deployment of airbags.
In a vehicle with properly working airbags, the airbags will only deploy if the vehicle’s crash sensors accurately detect the correct speed, braking level, and impact of the crash. The airbag system sends a signal to the airbag module — letting it know it should deploy.
That is, airbags work by inflating once the crash sensors are tipped. The inflation is caused by a chemical reaction, usually the release of a gas. Airbag deployment typically takes less than 1/20th of a second. The airbags deflate once they make impact with the driver or passenger.
Faulty airbags are rare, but they do happen, and generally result from a faulty sensor or other faulty part in the airbag system. Airbags should be replaced after they have deployed. When they aren’t replaced, they may not deploy properly in the event of a car crash, which could lead to devastating results for the accident victims.
In general, frontal airbags may deploy during any type of collision that is the equivalent of your vehicle hitting a rigid wall at 10-12 miles per hour (mph). Different types of airbags may deploy at different speeds, but the threshold is low for all airbags, since these safety devices are designed to keep you from making contact with the vehicle and suffering serious injuries.
Side airbags may only deploy during a side impact crash, for example. Front airbags may deploy during nearly any type of crash, from a t-bone accident to a head-on collision or rear-end collision, but head-protecting side airbags, side airbags, and even knee airbags may only deploy with certain types of motor vehicle accidents.
If a side airbag or frontal airbag deployed when it shouldn’t have and caused you or your family member injury, it may help to speak with a personal injury attorney to learn your legal options.
There are no limits to the types of injuries you may experience due to an airbag deployment or a faulty airbag. The chest, face, neck, head, and arms tend to be most at risk for airbag injuries, since the upper portion of the body receives the impact. Some injuries which airbag deployment injury victims may experience include:
The first prototype for the modern airbags currently in use in motor vehicles was patented in 1953 in Pennsylvania, according to Consumer Affairs.
Since then, airbags have come a long way — with estimates by the National Highway Traffic Safety Administration (NHTSA) claiming airbags have saved the lives of more than 50,000 people from 1987 to 2017 alone. Other important statistics regarding airbags in the United States include:
People's lives saved due to airbags
2,790
ages 13 and older in 2017, according to the NHTSA
Frontal airbags
have been required in all passenger cars
since 1998
Frontal airbags have been required
in all SUVs, pickup trucks, and vans
since 1999
Using a proper restraint system
seat belt
is also important to avoiding airbag injury
Being too close to the steering wheel or dashboard
top 1 cause
of airbag injuries, which is why drivers are encouraged to stay far back from the steering wheel
Takata airbag systems installed
in tens of millions of vehicles
which proved to be faulty, as the airbags could explode, leading to a *mass recall
*The recall lasted from 2016 to 2019 and resulted in 24 deaths and more than 300 injuries as of 2021.
Can you file a personal injury claim for an airbag injury? This depends on a few factors. First, for an airbag injury to qualify for a personal injury case, the injury has to have been caused by the airbag deployment — not by the collision or the collision’s impact.
While the cause of your injuries may be apparent to you, it may be difficult to prove they were caused by the airbag, specifically. Further, the defendant’s personal injury lawyer may work to prove that your injuries could have been prevented by avoiding the crash altogether.
This is why it’s important to work with a reputable law firm, where you can bring on an experienced airbag injury lawyer. Among so many other tasks, your lawyer will help you prove how your injuries were caused by the airbag.
If it’s a matter of a defective safety feature within the airbag, your lawyer can help you begin a product liability case against the airbag manufacturer or vehicle manufacturer. If a vehicle seller knew the airbag had been used and failed to replace it, you may be able to begin a personal injury lawsuit against the vehicle retailer.
Your attorney can help you identify who can be held liable for your injuries, whether it’s the person who caused the accident, who serviced your vehicle, assembled your vehicle, or someone else. Then, your car accident lawyer will work aggressively to help you file your claim and seek maximum compensation for your injuries.
Learn more about airbag deployment injuries and related personal injury cases by browsing the list of commonly asked questions below.
Whether you are facing emotional pain and suffering after an airbag injury, or lost a loved one due to a defective airbag and want to file a wrongful death claim on their behalf, LegalFinders may be able to help.
We can connect you to a law office near you with highly trained personal injury lawyers who are ready to get to work on your case. During a free case evaluation, they can review the details of the accident to help you seek fair compensation for an airbag injury. Learn more today. Contact us now for a free initial consultation to begin.
