Airbags are a tool that are meant to save your life in the event of a crash, but the unfortunate truth is that sometimes they can be defective. While airbags have saved over 50,000 lives in three decades, they are not perfect and can have manufacturing issues. Having a tool designed to save your life only causes more injuries in a crash that otherwise wouldn’t have caused them is a frustrating experience, but rest assured knowing legal recourse may be available to you.
Depending on the circumstances of the crash, you may have a product liability claim on your hands, which is a form of personal injury. Learn everything you need to know about the common defects in airbags, along with the legal process for filing a suit and the potential compensation to which you may be entitled to.
How Airbags Are Supposed to Work
The overall purpose of airbags in your vehicle is to provide a cushiony impact source that reduces the risk of serious head, neck, and chest injuries. When used in conjunction with seat belts, airbags are actually quite effective at reducing injuries resulting from accidents. The way in which airbags work is, upon impact, sensors within your vehicle measure the force of the crash. If the force crosses a certain threshold, the airbags utilize gas to inflate in milliseconds then rapidly deflate to prevent suffocation or further injury.
Modern airbags take things a step further by being multi-stage, meaning they adjust their deployment force based upon crash severity rather than using the same force anytime the initial force threshold is reached. Side airbags, curtain airbags, knee airbags, and front airbags are the most common types used in vehicles today and widely improve the overall protection of passengers in the vehicle.
Common Airbag Defects and the Resulting Injuries
Unfortuantely, as mentioned, there are a number of defects that airbags can have in cars. Each of the following defects can lead to potential injuries that you wouldn’t have otherwise received, which is what provides the ground for a potential lawsuit:
- Failure to deploy: Airbag does not inflate in a crash, leaving passengers unprotected.
- Late deployment: Airbag inflates too late, potentially causing additional impact injuries.
- Unintended deployment: Airbag inflates without an accident occurring, causing driver distraction and crashes.
- Excessive force deployment: Airbag inflates too forcefully, leading to fractures, burns, or brain injuries.
- Shrapnel or debris from airbags: Some defective airbags (e.g., Takata airbags) explode and release metal fragments.
Given how airbags deploy, it’s only natural to assume that any potential mishaps can lead to dangerous injuries. The most notable injuries that result from defective aubags include:
- Facial burns, fractures, and bruising
- Eye injuries, including blindness or detached retinas
- Broken ribs, internal bleeding, and lung damage
- Traumatic brain injuries (TBIs) from excessive force
- Neck and spinal cord injuries due to improper deployment angles
The severity of all of the above injuries can leave you with debilitating injuries that last as long as a lifetime in some cases which is why you should pursue a product liability personal injury case in court if you believe the airbags were defective.
Who Is Liable for a Defective Airbag Injury?
There are a number of different parties that may have liable if you were injured by a defective airbag. First and foremost, the airbag manufacturer itself may be liable if the defect was due to poorly designed airbags, faulty material, or a general manufacturing error. However, if it was the installation of the airbags that caused the defect or a failed response to recall, you may actually be able to hold the automaker itself responsible.
In rarer cases, a third-party supplier or mechanic may be held responsible if they needed to put in a replacement airbag and installed it incorrectly or in a faulty manner. Auto part distributors who knowingly distribute a defective airbag can also be held liable under the same principle.
As alluded to, there may be situations where airbags are recalled due to an uncovered issue. If the airbags in your vehicle happened to be recalled but you did not receive proper notification of the recall, it is the automaker or dealership you purchased the vehicle from that will most likely be held liable.
How to Prove an Airbag Defect Occurred in a Lawsuit
While it might seem easy to prove that there was a defect with your airbag, it’s actually harder than meets the eye. You will need to gather evidence to support your claim which most often comes in the format of an accident report detailing the deployment of your airbag (or lack thereof), medical records documenting your injuries, photos of your injuries and vehicle damage, witness statements, and vehicle black box data. Expert witnesses can also be brought in, such as crash reconstruction experts or automotive engineers, who can add a layer of credibility to your claim.
The Compensation You May Be Entitled To
Depending on the details of your case, there are a variety of different types of compensation that you may be eligible for. The most common types include:
- Medical expenses: Emergency treatment, surgeries, rehabilitation, physical therapy, and long-term care costs.
- Lost wages and future earning potential: Compensation for time off work due to airbag-related injuries, as well as disability or reduced earning capacity rewards if injuries lead to long-term impairment.
- Pain and suffering: Physical pain, emotional distress, PTSD, and reduced quality of life.
- Property damage: Repair or replacement costs if the airbag deployment damaged the vehicle.
- Punitive damages in extreme cases: If the manufacturer knowingly ignored safety risks or covered up defects
Protect your rights after a crash
There are many dangers during a car accident but the last thing you want is your vehicle’s safety measures to become one of those dangers. Always check up on recall information for your vehicle and keep an eye out for any warning light indicators on your dash which may indicate a problem under the hood. If you were injured as a result of a defective airbag, don’t hesitate to reach out to an accredited lawyer who can help you work through the details of your case to get the compensation you deserve.
