What is the average settlement for airbags not deploying?
First, can you even sue for airbags not deploying in a car accident? Generally, yes, assuming you suffered personal injuries in the accident. This could be true even if the car accident were entirely your fault.
As with most questions about the “average” settlement or trial value of a personal injury claim, it depends on the facts and circumstances of your car accident.
Did you spend three months in a coma in the hospital after a semi-trailer truck crashed into your car and the airbag failed to deploy? Or did you break your nose on the steering wheel when an old lady ran into the back of your vehicle while stopped at a stop sign?
The above situations each involve an airbag that failed to deploy, but the circumstances of each car accident and the injuries suffered by the driver are very different. These differences will result in estimated values for a car accident settlement or trial that go from low to extremely high. As you can imagine, the “average” settlement an accident attorney could get for these two hypothetical accidents is very different.
The settlement value of a defective or malfunctioning airbag claim for not deploying is primarily based on the severity of the personal injuries sustained in the car crash.
In your average personal injury car accident case, additional claims and damages may be available to an accident victim because if the airbag failed to deploy, you might be able to sue the airbag manufacturer.
An airbag manufacturer could be sued and held liable for a defective product (the airbag) that caused or added to the overall injuries suffered in any car accident, regardless of who or what caused the accident.
What is the purpose of airbags in a car accident?
The purpose of an airbag in a car accident is to provide an additional layer of protection for the vehicle’s occupants. When a car is involved in a crash, a sudden deceleration can cause the occupants to be thrown forward with great force.
The airbag is designed to inflate quickly and provide a cushion for the occupant, reducing the chance of serious injury or death.
Airbags work with seat belts to provide the best possible protection for the occupants. The seat belt keeps the occupant in place, preventing them from being thrown forward, while the airbag cushions the impact and helps distribute the crash’s force more evenly across the body.
Airbags are typically installed in the vehicle’s steering wheel, dashboard, and side panels. When an accident occurs, sensors in the car detect the sudden deceleration and trigger the airbag system, causing the airbags to inflate rapidly and deploy.
While airbags cannot prevent all injuries in a car accident, they have been shown to reduce the risk of severe injury and death significantly. As such, they are a critical safety feature in modern vehicles.
Why do airbags fail to deploy in a car accident?
There are several reasons why an airbag may fail to deploy in an accident. Some possible reasons:
- Sensor Failure: Airbags are designed to deploy when sensors in the vehicle detect a sudden change in speed or deceleration, indicating a crash. If the sensors fail to detect the impact, the airbag may not deploy.
- Electrical Problems: A malfunction in the electrical system that controls the airbag could prevent it from deploying. This could be due to a faulty wiring connection, blown fuse, or other electrical issues.
- Impact Angle: Airbags are designed to deploy in specific circumstances, such as a head-on or rear-end collision. If the impact occurs at an angle the airbag is not designed to protect against, it may not deploy.
- Speed of Impact: If the vehicle is traveling at a very low speed, the airbag may not deploy. Similarly, if the impact is not severe enough to trigger the airbag system, it may not deploy.
- Defective Airbag: In some cases, the airbag itself may be defective or damaged, preventing it from deploying properly. This could be due to a manufacturing defect, damage during installation, or wear and tear.
Accident attorneys consider many factors in valuing an airbag claim
How much can you sue for assuming the airbag failed to deploy because it is defective? The recovery compensation amount will depend on several factors, including the severity of your injuries, the state where the accident occurred, and the specific facts of your case.
Because a defective airbag claim will involve expert analysis of the vehicle’s safety systems and the vehicle itself, it is critical that you hire a car accident lawyer or personal injury attorney as quickly as possible after the accident. Your injury attorney will need to hire experts and get access to the car as fast as possible before any evidence is destroyed, tampered with, or lost to time.
If your car accident involves airbags that failed to deploy and may be defective, you should hire a personal injury lawyer with experience in defective product cases. The state (and sometimes federal) law covering defective products is complex and not something a typical car accident attorney may have experience with.
Serious injuries could result from airbags failing to deploy
When airbags fail to deploy in a car accident, the occupants of the vehicle are at a higher risk of sustaining severe injuries, which may include:
- Head Injuries: A lack of airbag protection can result in the head of the driver or passenger striking the steering wheel, dashboard, or other hard surfaces within the vehicle, leading to concussions, skull fractures, and other traumatic brain injuries.
- Facial Injuries: In the absence of an airbag, the face of the driver or passenger may hit the steering wheel or dashboard, causing cuts, bruises, and broken bones.
- Chest Injuries: The chest area of the driver or passenger is especially vulnerable in a car accident. Without an airbag to cushion the impact, the chest may hit the car’s steering wheel, dashboard, or other hard surfaces, causing broken ribs, collapsed lungs, or other serious injuries.
- Spinal Injuries: In a car accident, the spine can be jolted out of alignment, causing spinal cord injuries, which can result in paralysis or other long-term disabilities.
- Neck Injuries: A lack of airbag protection can also result in severe neck injuries such as whiplash, which can cause long-term pain and discomfort.
- Internal Injuries: Injuries to internal organs such as the liver, spleen, or kidneys can occur when the body is subjected to sudden deceleration forces in a car accident.
It’s important to note that the severity of injuries sustained in a car accident depends on many factors, including the speed of the vehicles involved, the angle of impact, and the size and weight of the cars.
The failure of airbags to properly deploy in a car crash can significantly increase the risk of serious injury in an accident.
Lawsuits over defective or malfunctioning airbags
Airbags have been the subject of accident and product defect lawsuits since they were first introduced in the late 1980s.
The most common complaints involve injuries sustained when the airbag deployed, either because it was defective or deployed too forcefully.
In some cases, people have also sued because an airbag failed to deploy when it should have.
A woman named Cathy filed one of the earliest and most well-known lawsuits involving a problematic airbag in 1989.
Cathy suffered significant personal injuries when her car’s airbag suddenly deployed while driving at a relatively low speed. Cathy suffered severe burns and permanent disfigurement due to the accidental airbag deployment and filed a lawsuit against the airbag manufacturer, which she later settled for a confidential amount.
In 1998, another woman named Barbara filed a lawsuit after an airbag injured her. Barbara’s case was notable because she was not in a car when the airbag was deployed. Instead, Barbara was standing next to her car when another vehicle hit it, causing the airbag to deploy and strike her.
And in 2012, a man named Gurjit filed a lawsuit against Honda after a malfunctioning airbag injured him. Singh’s case was notable because it was the first time a person had sued Honda over an airbag-related injury.
These are just a few of the numerous lawsuits against airbag manufacturers over the years.
In most cases, the victims of airbag-related injuries have successfully recovered damages from the manufacturers of the airbags.
If an airbag has injured you, you should consider contacting a personal injury attorney to discuss your legal options.
How attorneys value car accident and defective airbag cases
The amount of money you can receive for a defective airbag case will depend on many factors. Some of these include:
- The extent of your injuries, including pain and suffering. If you have suffered severe injuries due to a defective airbag, you may be entitled to significant compensation from the manufacturer.
- Loss of any past or future wages and income. If you have had to miss work due to your injuries, you are entitled to recover your lost salary and future wages.
- Cost of your medical treatments. If you have incurred significant medical bills due to your injuries, you may be able to recover those costs. Even if insurance covers the cost of some or all of your medical expenses, you may still be able to seek reimbursement for these costs.
- Long-term effects of your injuries. If your injuries have caused long-term or permanent damage, you will be entitled to more compensation than if your injuries are short-term and fully recoverable.
- The airbag manufacturer’s knowledge of the defect. If the manufacturer knew about the defect and failed to warn consumers, you may be able to recover additional damages.
- If the airbag manufacturer has been sued before for similar defects. If the manufacturer has a history of manufacturing defective products, you may be able to recover additional damages.
The above are just some of the factors a personal injury attorney will consider when determining the overall value of your case. An experienced attorney will be able to evaluate all of the elements in your case and give you a better estimate of the amount of compensation you can expect.
What is the value of your case? Contact an attorney to find out.
If you have been involved in a car accident where the airbag failed to deploy and you have sustained injuries, it may be a good idea to consult an attorney who specializes in personal injury and product defect cases.
An experienced personal injury attorney can evaluate the details of your case to determine if you have a viable claim. They can help you understand your legal options, including filing a personal injury lawsuit or negotiating a settlement with the responsible party or their insurance company.
An attorney can help investigate the cause of the airbag failure, including whether it was due to a defect in the airbag system, a design flaw, or maintenance issues. They can gather evidence such as accident reports, witness statements, and medical records to build a strong case for you.
There are typically time limitations for filing a personal injury lawsuit, so it is crucial to act quickly if you believe you have a case. An attorney can help ensure your case is filed within the appropriate time frame and guide you through the legal process.
If you have been injured in a car accident where the airbag failed to deploy, it is important to speak with an attorney who can help ensure that you receive the compensation you deserve for your injuries and losses.
No cost • No obligation • Confidential
Oops! We could not locate your form.