Making The Vehicle or Airbag Manufacturer Pay When Airbags Didn’t Deploy
Airbags are life-saving devices, especially in severe crashes. According to the NHTSA, airbags have saved around 50,457 lives from 1987 to 2017. Sadly, they can also lead to serious and fatal injuries, particularly if they malfunction.
Airbag injury victims have legal rights, so it’s critical to know how to pursue compensation in the event of an issue.
This guide on airbag injuries describes some typical injuries, how they happen, and what victims can do to get compensated in the event that their airbags fail to deploy.
What Happens If You Suffered Injuries as a Result of an Airbag Malfunction?
Victims of an airbag malfunction can pursue damages compensation. This can include lost pay, medical expenses, and other losses that the faulty product directly caused. Airbag injury victims frequently have legal recourse and may be able to sue the manufacturer of the vehicle, the manufacturer of the airbag, or other relevant parties.
How Do Airbags Work?
The first automobiles to include airbags were Ford’s experimental models, which debuted the technology in the 1970s. The mandate for airbags in all new cars did not come about until 1998. These days, every car has airbags, including front airbags and side airbags, but how do they work?
An airbag aims to slow down a passenger’s forward motion as evenly as possible in a split second while causing as little harm as possible. To help do this, an airbag has three parts:
- The Bag: A thin nylon cloth folded into the dashboard, steering wheel, seat, or door.
- The Sensor: It is the device that activates the bag’s inflation mechanism. When there is a collision force equivalent to slamming into a brick wall at ten to fifteen miles per hour (16 to 24 km/h), inflation occurs. When there is a mass shift that shuts an electrical contact and alerts the sensors of a crash, a mechanical switch is switched. The accelerometer integrated into a microprocessor provides data to the airbag sensors.
- The Inflation System: Potassium nitrate (KNO3) reacts with sodium azide (NaN3) to produce nitrogen gas that inflates the airbags.
What to Do If Your Airbags Did Not Deploy in an Accident
Passengers of motor vehicles involved in severe collisions or witnesses should immediately call 911 for medical assistance, whether the airbags deploy or not.
If possible, take evidence of the auto accident scene, such as photos that the airbags failed to deploy during the vehicle accident.
What Causes Airbag Failure?
The characteristics of the collision (such as speed, other cars involved, and impact direction), the design approach of each vehicle’s airbag system, and the positions of the crash sensors all have a significant role in whether or not an airbag activates during a collision. Airbags are not designed to open in every collision.
Some possible causes of airbag deployment failure are:
- The Conditions of the Crash: When the car and its sensors detect certain criteria, the airbags will activate. In the event of a serious front-end collision, these restraint systems deploy to protect the driver and passengers. In minor collisions, seat belts will be sufficient to protect the driver and passengers.
- The Driver Forgets to Turn On the Airbag System: Certain systems are designed to automatically deactivate airbags if a seat is unoccupied or if they identify a tiny child. They justify this by pointing out that a little child could suffer serious injuries if an airbag were to deploy.
- Failing to Reset the Airbag Module: Car owners must have their cars’ airbag modules reset and replace them with new ones following an accident in which the airbag deploys. If not, there’s a chance the airbag will malfunction and won’t deploy in an incident.
- Electrical Issues: The airbags in the car are controlled by the electrical system, which may malfunction due to low voltage, fluctuations in voltage, or a dead battery.
- Sensor Problems: Airbag sensors play a critical role in identifying sudden braking or crashes. Faulty airbag deployment may be caused by defective crash sensors or weak connections.
- Chemical Issues and Airbag Inflation: Some airbags may inflate either too quickly and burst or too slowly to adequately cushion the impact of a collision.
The common types of airbag malfunctions are the following:
- The airbag fails to deploy.
- The airbag accidentally deploys.
- The airbag deploys even when not fully inflated.
- The manufacturer forgoes side airbags.
- The airbags deploy late during a car accident.
How Do You Prove Liability after Airbags Do Not Deploy During a Car Crash?
To prove an airbag injury, accident victims will need to gather proof. This implies that following a collision, it is imperative to strive to preserve the airbag’s component pieces. Neither the crash sensor nor the bag itself should be thrown away.
Product liability rules will apply to the claim, therefore there is no need to prove negligence on the part of anyone. Even if there was no indication of negligence in the design or process that led to a possible manufacturing defect, strict liability still applies to companies when a fault in one of their goods causes harm to others.
If the vehicle is deemed a total loss and the insurance company wishes to acquire ownership of it, this could present a problem. Before letting this happen, they should have a conversation with a car accident attorney to protect any evidence that might be important to their car accident case.
What Happens if You Are Injured as a Result of an Airbag Malfunction?
Even when passenger airbags inflate properly, airbags can still inflict damage. However, the most serious injuries are usually caused by faulty ones.
When airbags fail to work as intended during car accidents, they can cause life-threatening injuries. Here are some of the common airbag injuries, most of which affect the upper body:
- Facial injuries
- Chest injuries
- Burns
- Broken bones
- Traumatic brain injuries
- Eye injuries
- Ear trauma
- Internal bleeding
- Respiratory issues
- Fetal injury in pregnant women
Who Is Liable for Airbags Failure?
Plaintiffs who experience problems and suffer severe injuries due to defective airbags may bring legal action against the airbag manufacturer, the car manufacturer, or any companies that produced or distributed the defective airbags. It’s crucial to remember that victims are still eligible for compensation for an airbag injury even if they caused the collision.
Compensation for Injuries Caused by Faulty Airbags
Accident victims can be entitled to compensation for their injuries if airbag defects caused them harm. The damages may include lost income, medical treatment, and pain and suffering brought on by the faulty goods, among other things.
How Car Accident Lawyers Can Help With Your Case
Do not delay when seeking legal assistance. Under Michigan law, you have three years to file a case from the date of injury.
An experienced personal injury lawyer can help you or a loved one who has sustained injuries to airbag failure. The personal injury lawyers of The Clark Law Office will work to ensure that you get maximum compensation for your losses and injuries. Schedule an appointment today or keep reading our car accidents blog posts for more tips.
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