Airbags protect drivers and passengers in the event of a collision by providing a critical cushion, reducing the risk of catastrophic injuries and deadly situations. The airbag acts as a barrier between the driver and the steering wheel or door to reduce the risk of a catastrophic injury. National Highway Traffic Safety Administration statistics state that frontal airbags saved 2,790 lives in 2017.
However, they can also cause serious injuries in certain circumstances. Unfortunately, airbags do not always work properly. When your airbag doesn’t deploy during an accident, you could sustain serious injuries or even die. The manufacturer of the airbag, the car company, or another party could be held liable for damage if the airbag fails to deploy due to a malfunction. In the event of an airbag injury, a car accident lawyer who specializes in those injuries may be able to assist you in seeking compensation.
To comply with the Intermodal Surface Transportation Efficiency Act of 1991, all U.S. cars manufactured after September 1, 1998, must have front seat airbags. Your airbags should deploy when your vehicle hits another object, such as a car. An airbag gets inflated when a crash occurs as the airbag receives a signal. This signal triggers a chemical reaction that causes the airbag to expand. Within seconds, this process is complete. An airbag protects you from a collision with the steering wheel or glass when inflated.
Airbags may not deploy in a collision for a variety of reasons. For example, a design flaw or safety concern may prevent the airbag’s deployment.
When an accident is minor, airbags are not supposed to deploy. A vehicle’s airbag is only supposed to deploy in cases of collision with a hard object at high speeds. In some collision types, such as a rear-end collision, the airbag may not deploy at all.
The vehicle will not deploy an airbag if a passenger is below a set height and weight in a front or rear seat. It is intended as a safety measure for children. Airbags won’t deploy if they are not switched on or replaced after being deployed in a previous crash.
Defective airbags do not deploy or work incorrectly. Several factors can contribute to an airbag’s failure to protect you in a collision.
Federal law mandates the presence of airbags in both front seats in every car sold in the United States. Through this procedure, more than 50,000 lives have been saved since 1987. These are designed to serve as an alternative to seatbelts and detach in moderate to severe motor car collisions. Failure to deploy an airbag may be the car’s fault or the airbag manufacturer. We have discussed above other factors that may contribute to an airbag not deploying.
A malfunction could be blamed when none of the above factors applies to your situation. The airbag can also fail to deploy after a moderate to severe accident and deploy too late or accidentally, causing catastrophic injuries.
In the event of injuries sustained in an accident, there are three ways to seek legal recourse against a car or airbag manufacturer – or another third party. Among those are:
The manufacturer is liable if the product entered the market with a defect. When airbag malfunctions and you are injured, you can file a strict liability claim whether the airbag or the manufacturer caused the defect. Even if the manufacturer was not aware of the product’s problem, the manufacturer is still responsible.
Some manufacturers recognize that airbags malfunction and issue recall notices to fix the malfunction. When you ignore recall notices and ultimately sue the manufacturer, the manufacturer will accuse you of being partially responsible for your injuries. This raises the issue of comparative negligence.
A negligence claim arises when you prove four elements – duty, breach, causation, and damages. It is the responsibility of every airbag manufacturer to provide reliable airbags. If the airbag does not open in a moderate to severe accident and you suffer injuries because the airbags failed to deploy, these criteria are met. Furthermore, if your vehicle was previously repaired for airbag issues by a mechanic, he may be responsible.
In a sales contract for acquiring a car, you are covered by three types of warranties.
It’s vital to read all the terms and conditions of a contract before signing it because these are the terms specifically written into the contract. Because it is the entity with which you have a contractual relationship, these terms apply specifically to your car dealership.
These are warranties that the customer might reasonably expect, including all features working on a new or certified pre-owned car. These warranties include warranties from car dealerships, as well as airbag manufacturers.
These warranties are provided when a buyer asks for a certain type of vehicle to meet a particular requirement, such as driving on rough terrain or having extra traction on wet surfaces. Dealerships or car manufacturers who advertise cars customized to meet your needs are both liable for this if you ask for specific features.
Liability cases involving automobiles can be difficult to prove. It can be difficult to prove why passengers’ airbags did not deploy. If the airbag failed, you might need to consult an expert to determine how and why the airbag failed.
For help exploring your legal options if a defective airbag has injured you, talk to an experienced product liability lawyer. As they have experience negotiating million-dollar settlements and obtaining verdicts, they can assist you in obtaining fair compensation for your injuries. Perhaps you should file a product liability lawsuit against the company responsible for these flaws.
Financial losses are often associated with airbag injuries and malfunctioning airbags. You may also have to pay for personal care in addition to lost income and medical expenses. You may also experience pain and suffering that is overwhelming. The most common causes for airbag injury claims are negligence, strict responsibility, and breach of warranty.
A lawsuit for an airbag defect has a limited filing deadline. The sooner you contact an attorney like Weston Law Office, the better your chances are of receiving a reasonable settlement for your injury claim.