Gone are the days when motorists could drive around town with their seat belts off as they did in the 1960s. Today’s cars are rich in protective equipment, from automatic sensors and backup cameras to the tried-and-true seatbelt. Your airbag, in turn, protects you from the blunt force of a head-on collision - or, rather, it should. Unfortunately, not every airbag deploys when it’s supposed to. In turn, you or your passengers may find yourself contending with injuries far worse than you would have had your airbags worked. Sometimes, an airbag’s failure to deploy can prove fatal. You don’t have to resign yourself to those injuries or the unexpected loss of a loved one. If your car’s airbag didn’t deploy, you can hold the car’s manufacturer partially liable for your losses. Indiana’s car accident attorneys can investigate your case, compile a complaint on your behalf, and bring your request for support before a civil judge.
Addressing a Failed Airbag After an Accident
If you get into an accident that, in turn, gets exacerbated by a failed airbag, your injuries may be severe. You may not have the mobility to take action in the face of your losses for a considerable amount of time. Fortunately, you can bring in a representative to uphold your best interests while you focus on recovering from your injuries. Personal injury attorneys throughout Indiana can help you file a relevant claim holding liable parties responsible for injuries related to your crash and airbag failure. Doing so allows you to demand compensation for your losses. That compensation, in turn, can cover your medical bills, the cost of restoring your damaged property, and other accident-related fees. Should someone you love die due to an airbag’s failure, you can still work with a personal injury attorney to explore your right to a wrongful death claim. Depending on the evidence available at the scene, you may have the right to hold several parties responsible for your loved one’s untimely passing.Comparative Fault and Multiple Defendants
Indiana operates on a modified understanding of comparative fault. So long as you are less than 51 percent liable for an accident, you can pursue damages for your losses in civil court. Moreover, you can assign fault for an accident to multiple parties. In accidents involving an airbag failure, this means you can name another driver and your car’s manufacturer liable for the injuries you suffered. So long as you use evidence to defend your claim, both parties may have to help you fund a portion of your recovery. You can discuss this specific division of fault when an attorney initiates an investigation into your case.How to Build a Personal Injury Claim After a Failed Airbag Accident
If you want to build a personal injury claim against one or more parties following your airbag failure, you need to:- Submit a claim addressing the duty of care owed to you by the parties you think are liable for your losses.
- Back that claim up with evidence of negligence, be that poor automotive manufacturing, roadway misconduct, or a combination thereof.
- Calculate the total value of your accident, including your economic and non-economic losses.
- Present evidence defending your claim regarding your desired compensation.