Airbags are designed to protect us during car accidents. However, when airbags fail to deploy, the consequences can be severe and even fatal. If you or a loved one has suffered injuries due to un-deployed airbags, you may wonder if you have a case against the manufacturer, the driver responsible for the accident or other parties.
Who’s responsible for defective airbags?
Airbags are designed to inflate rapidly upon impact, preventing occupants from hitting hard surfaces inside the vehicle. However, when airbags malfunction and fail to deploy as intended, the consequences can be catastrophic. Injuries can include traumatic brain injuries, broken bones, internal bleeding, cuts and bruises, back, neck and shoulder injuries, organ damage and death.
There are several parties who may be liable:
- Manufacturer: Airbag failure could stem from a manufacturing defect, design flaw or inadequate testing. In such cases, the manufacturer may be held accountable.
- Driver: In addition to pursuing a claim against the manufacturer, you may also have a personal injury case against the driver who caused the accident. This is particularly relevant if the other driver was negligent or reckless, such as driving distracted, intoxicated or speeding.
- Auto parts manufacturer: Sometimes, the source of your accident may not be the airbag itself but another vehicle problem, such as a blown tire, engine trouble or faulty auto parts. In such cases, the manufacturer of the defective component could be liable.
What to do after an accident
To successfully pursue a claim for injuries due to un-deployed airbags, you must establish:
- That your airbag should have deployed during the accident,
- That your airbag’s failure to deploy was due to a defect,
- That the failure of the airbag directly caused your injuries, and
- You suffered physical, financial and other harm as a result of these injuries.
If you believe your injuries resulted from a failed airbag, preserve the evidence. Do not allow anyone to replace or discard the airbag or sensors, and do not dispose of your car or transfer it to the insurance company. Refrain from wiping the vehicle’s computer clean. Keep records of all medical expenses, injuries, photos and recollections of the accident. These will help your attorney build your case.
The Law Offices of Tim Misny will review your claim, then investigate why your airbag failed. This may include collaborating with crash reconstructionists to demonstrate that the airbag should have deployed during the accident. Call today to get started.
Discuss your accident with an Ohio personal injury lawyer
The Law Offices of Tim Misny can help you with your accident claim. When you’re the victim of negligence or recklessness, I’ll Make Them Pay!® Call my office at (877) 614-9524 so that I can evaluate your case right away.