We all need tools to protect us from accidents. Cars provide airbags that either prevent or lessen the injuries we may sustain. Aside from insurance coverage, we need airbags to protect our heads from fatal collisions. Some may have suffered injuries, but the preservation of life is what matters most.
The car or airbag manufacturer should warrant that their products are according to the standards set by law. For instance, where an airbag failed to deploy in a car accident, a cause of action arises from the car owner or passenger. The liability of the car or airbag manufacturer arises dependent on the circumstance. A car accident attorney may help you determine the merits of your car accident claim against an airbag manufacturer.
What Are Airbags For?
Airbags protect the head in a high-impact traffic collision. Regardless of the intensity of a motor vehicle accident, airbags are there to ensure that you will not suffer from traumatic brain injuries or any other injuries to the head.
Airbags have saved many lives and prevented passengers from incurring severe injuries. It’s given that airbags should deploy any time you are involved in a car accident. Often, the airbag would deploy before you even realize what is happening. An airbag system that works perfectly will deploy in milliseconds, within a few tenths of a second. The system also has crash sensors that tell the car when to deploy.
Why Didn’t My Airbags Deploy?
After an accident where you sustained head injuries, you will, of course, wonder, “why did my airbags not deploy?”. If it had, then the injuries you sustained may have been fewer, and you may still be functioning optimally for work or school. Airbags are meant for damage control, and an airbag deployment failure means more likelihood of injuries and damages.
Some of the common reasons airbags do not deploy during a car accident are a malfunction in the car or the airbag system itself. A car manufacturer is duty-bound to ensure the safety of those purchasing their product. Some defective electrical components could have disabled the functioning system of the airbag. There may be defective crash sensors, which are vital in enabling the deployment of airbags.
Deployment failure may be attributed to many causes, but only the manufacturer of the car or airbag can be liable. When an airbag fails to protect you, make sure to contact a car accident lawyer to protect your rights.
You were involved in a fatal car accident with severe injuries. Upon coming to your senses, you figured that your airbags failed to deploy. You may have loved ones that you will want to protect. Ensuring that this will not happen should be the top priority.
Airbag deployment failure can be attributed to the following causes.
- Advanced frontal airbags system – a defective airbag may be attributed to advance systems of the car. These systems, which are put in the latest car models, often are designed to disable the frontal and side airbags automatically when they do not detect any passenger.
- Breach of duty of manufacturer – the car manufacturer has the duty to warrant the product’s safety that they release to the consuming public. The malfunctioning electrical components, defective airbags, and crash sensors, and other airbag defects may have been overlooked.
- Defective airbags – the airbag itself could have been defective. You might have bought your car from a previous purchaser. This is one of the dangers of buying cars from a past owner because there are possible damages in the car that went unrepaired.
What Should I Do If My Car Airbags Fail To Deploy During A Car Accident?
Airbag failure results in catastrophic injuries that could have been prevented if the airbags served their purpose. Accident victims should not disregard this circumstance since it gives rise to the liability of other parties.
The following are the steps to take when your airbags failed to deploy:
- Inform law enforcement about the airbag’s failed deployment – This should be done after the ambulance has been called but before you leave the scene of the accident. The police will take a report and then send it to your insurance company.
- Revisit the car airbag module – See if there may be steps indicated in the airbag module that you failed to consider.
- Contact a car accident lawyer – Experienced attorneys who have handled car accident cases know how you can assert your right to damages against car manufacturers.
Types Of Car Crash That Don’t Need Airbag Deployment
The airbag sensors are designed to work in all types of accidents. If an accident occurs and your airbags didn’t deploy, it does not automatically mean there was something wrong with your airbags.
Listed below are the instances when there is no need for your airbags to deploy:
Minor accidents – This includes fender benders, car doors being dented or hit from behind. In minor accidents, the impact is generally light, and there is merely minor damage to the vehicle.
Accidentally hitting animals – If it only involves small animals, then the airbags will not deploy. But for bigger animals such as horses, you can expect the airbags to deploy as they are designed to do so in a serious accident.
Hitting stationary objects – If you hit small, quick objects such as potholes, speed bumps, or curbs, there is no need for the deployment of the airbags.
When Are My Airbags Suppose To Deploy?
In severe crashes, the deployment of airbags can mean the difference between life and death. Airbags are put in cars to prevent drivers and passengers from acquiring life-threatening injuries. The airbags are designed to inflate very quickly when a severe crash is detected.
To help you determine if your airbags are deployed at the right time, here are things to consider in car accidents:
- When the accident is severe enough that the car rolls onto its top or has collided with a nearby object.
- When the car has crashed into another vehicle or an object head-on.
- When it detects that there are multiple collisions in a short period of time.
Who Is Held Liable For Damages When Airbags Do Not Deploy In A Car Accident?
Airbags are supposed to deploy in high-impact high-speed collisions. When injuries and other damages occur as a direct result of defective airbags, then there is the likelihood that the manufacturer of the car will be liable.
Accident reconstruction specialists are there to prove whether the head or facial injuries sustained by the victim are caused by airbag failure. This gives rise to a defective airbag lawsuit or a product liability case. It is important to contact a personal injury attorney to know how you can initiate your car accident claim.
How Can I Prove Liability After My Airbags Didn’t Deploy During A Car Crash?
Establishing that a car manufacturer is liable for your injuries after a car crash can be one of the most difficult aspects of pursuing a product liability case. In proving the liability of a manufacturer, it is essential to re-enact the accident for the parties to have a full grasp of what happened.
An accident reconstruction specialist can help explain how a car accident occurred and if a defective airbag or other product was the proximate cause of the injuries. These specialists can be admitted as expert witnesses in a product liability case or defective airbag lawsuit. They are helpful in establishing the actual events of the accident, which is also based on the statements of the parties and other pieces of evidence.
Contact our team of personal injury lawyers to know your rights and remedies when in a car accident.
Who Will Be Liable If I Bought A Second-hand Vehicle With A Defective Airbag?
A product liability claim against the sellers of a used vehicle is very complicated. The seller is not mandated to warrant the accuracy and effectiveness of all the features of the second-hand vehicle, which makes it hard to establish their liability.
When the used vehicle’s airbag didn’t deploy, there could be an assumption of risk imputed to the buyer. This is why it is important to fully re-check used vehicles before purchase.
What Injuries Will I Get If Airbags Do Not Deploy During An Accident?
There are additional injuries and medical expenses related to the failure of the airbag to deploy. Some of the common injuries by reason of airbag failure include the following:
- Facial injuries
- Contusion and concussion
- Traumatic Brain Injuries
- Internal Bleeding
Most of the injuries will occur to the head, neck, and chest. This is why airbags should serve their purpose to lessen or prevent further damages.
What Damages Are Available For Accident Victims When Airbags Fail To Inflate During A Car Crash?
Accident victims may recover damages from the manufacturer or other liable parties for the airbag’s failure to deploy. The following are the damages victims may recover:
- Medical expenses
- Lost wages
- Permanent disability
- Inability to go to work
- Facial deformation
Also, if you lost a family, friend, or loved one by reason of the failed deployment of the airbag, you may sue for wrongful death and other expenses related to it.
What To Do If My Loved One Died Due To An Airbag Deployment Failure?
A wrongful death claim against the automobile’s manufacturer may be your next step. You can’t bring back the dead, but you can make sure that those responsible for their death will be accountable. When it comes to airbags, there is no room for error. Manufacturers and suppliers of the safety devices take every chance they get to boast about their product’s ability to save lives.
New York’s No-Fault Insurance System
The certainty of receiving compensation for your injuries because of another person’s fault is very helpful in your recovery. The State of New York adopts the no-fault insurance system, which is intended to provide the victims of car accidents with compensation without regard for who was at fault.
The No-Fault insurance system covers up to $50,000 worth of damages. If the total of your losses exceeds this amount, you may seek additional coverage from either the vehicle you used or any automobile policy of another member of your household.
Our Experienced Car Accident Lawyer Can Help You With Your Airbag Failure Case!
Our team of experienced car accident lawyers is here to help you with you. Do not hesitate to contact us immediately at (646) 217-0749 for a free consultation. We will work closely with you, and we will ensure the best possible outcome for your case.