When you have been involved in an automobile accident due to an airbag not deploying, estimating the average settlement can be difficult. There is no single answer, as each case carries its own unique set of circumstances and facts.
Your financial recovery will depend on damages incurred as a result of your injuries and other expenses associated with the accident. Additionally, many cases go to trial, bringing verdicts that vary greatly depending on the jurisdiction, evidence presented, and other factors.
For complex cases involving malfunctioning airbags, working with an Indianapolis car accident attorney who has a successful record of handling such matters can be beneficial, but in the meantime, you can learn more about the compensation you can receive when an airbag fails.
When Airbags Should and Should Not Deploy
Airbags are designed to protect vehicle occupants in the event of a crash, but did you know that there are times when airbags should not deploy? In certain situations, airbags may be designed not to activate immediately if the speed, impact direction, and other requirements needed for deployment are not met.
This does not mean that an airbag is defective; there are actually times when an airbag should remain dormant.
One such example is when vehicles experience a low-speed fender bender. Since the force of the impact won’t be strong enough to cause serious injury, it would be safer for the airbag to remain dormant. Similarly, if a smaller passenger such as a child or elderly person is in the passenger seat, then it wouldn’t make sense for an airbag to deploy either.
Vehicles today come equipped with sensors that can recognize this type of situation and decide whether the deployment is necessary or not.
Why Airbags Sometimes Fail to Deploy Upon Impact
The airbags in a car are designed to deploy in the event of a crash, providing additional protection for its occupants. However, there are times when an airbag may fail to deploy due to different reasons. Some examples include:
Failure of the Sensors
Sensor failure occurs when sensors within the vehicle fail to detect a sudden change in speed or deceleration that would indicate a crash situation has occurred, meaning the airbag does not receive the signal to deploy.
Electrical issues can also be responsible for an airbag failing to deploy properly. This could include faulty wiring connections, blown fuses, or other similar problems with the electrical system that controls the airbag.
Wear and Tear
Age-related wear and corrosion may lead to circuit breakdowns resulting in damage or malfunction of the system’s components. Poorly maintained car parts or aftermarket installations by non-certified technicians may also be contributing factors to the non-deployment of an airbag during an accident.
In any case, if an airbag fails to deploy, its occupants are not receiving the extra protection they were relying on. It is impossible to know why an airbag failed without a thorough investigation. A car accident lawyer in Indianapolis can look into the specifics of your situation to determine why an airbag failed and identify who can be held liable.
Who Is Liable for Injuries When an Airbag Fails
It is important to identify who is responsible for a failed airbag as soon as possible in order to take legal action. Your attorney will likely look for evidence of a defect in the airbag or the vehicle design. Some parties that can be held liable include:
If there is a manufacturing defect with the airbag or its components, you could have a viable product liability lawsuit against the manufacturer.
Manufacturer of the Vehicle
Automobile manufacturers may also be liable if their vehicle’s design interferes with proper airbag deployment.
Exploding airbags can also cause injury and even death due to propellant gas shock and impact from shrapnel. Claims have been made against component suppliers and even explosive charge makers when defects led to an exploding airbag.
Compensation is available for trauma suffered from such faulty malfunctions; however, receiving it requires timely consultation by an attorney skilled in product liability. Knowing who is responsible for a malfunctioning airbag could make all the difference when it comes to seeking compensation for harm caused by defective products.
Injuries Due to Airbags that Failed to Deploy
When an airbag doesn’t deploy, it can lead to serious or even life-threatening injuries. According to the U.S. Department of Transportation, airbags saved 50,000 people in the last 30 years, and knowing what kinds of severe injuries can result when an airbag fails can help us understand just how valuable they are to vehicle safety.
When an airbag fails, drivers and passengers are more likely to be thrown about the inside of the car or experience a direct impact with various parts of the vehicle, resulting in head and neck injuries, traumatic brain injuries, and back and spine injuries.
Such damage could require months of complicated surgery and physical therapy to regain normal functioning. This is why working with a lawyer on your car accident claim is so important. An attorney can help identify these failures and hold the responsible parties accountable for your injuries and losses.
Compensation in a Faulty Airbag Product Liability Claim
Your attorney can help you calculate the value of your claim and help you to pursue the maximum compensation possible after a failed airbag deployment in a car accident. Your attorney may pursue the following damages on your behalf:
- Medical expenses
- Property Damage
- Lost Wages
- Future loss of income
- Pain and suffering
- Other related damages
Contact a Personal Injury Law Firm About Your Airbag Failure Accident Claim Today
Victims of car accidents often face serious emotional distress, physical pain, and financial burdens related to medical treatment that can disrupt their lives. Unfortunately, trying to navigate auto insurance companies and ensure you’re getting a fair settlement deal can be a daunting task.
That’s why it is recommended that anyone involved in an automobile accident seek legal advice from experienced professionals as soon as possible. In addition to helping you understand the legal processes involved in filing a claim based on an airbag failure, Vaughan & Vaughan may help uncover evidence that supports your case for just compensation.
A free legal consultation from an experienced automotive accident lawyer is one of the best ways to make sure you are receiving the fair and just compensation you deserve. Contact us today to find out more about how we can help.