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Do I Still Have a Case if the Airbags in my Vehicle Never Deployed During a Crash?

Posted on behalf of Arnold Law Firm in
airbag on a vehicle's dashbboardAirbags are meant to offer protection from severe injury during a serious crash. However, there are some accidents in which they do not deploy. This often raises questions about whether injury victims may still be able to pursue compensation. Our car accident lawyers in the Sacramento area are prepared to discuss the facts of your claim during a free consultation to determine why the airbags in your vehicle did not deploy and what your legal options may be for pursuing compensation.

SCENARIOS WHEN AIRBAGS SHOULD AND SHOULD NOT DEPLOY

The airbags in a vehicle are meant to deploy when there is moderate to severe impact with a solid fixture between eight and 14 mph on, or near, the front of a vehicle. If the impact to a vehicle is not near the front or is not severe enough, the sensors on the airbag deployment system may not be triggered. And therefore, the airbag should not deploy. Airbags in vehicles should also not deploy is if there is a small person or child in the seat. Some airbags can cause serious injuries to children under 13 years old when they deploy. That is why many vehicle manufacturers have taken precautionary measures to install sensors that detect the height and weight of a passenger to prevent airbag deployment. Many newer vehicle models also have sensors to detect whether anyone is sitting in a passenger seat where an airbag could potentially deploy if an accident occurs. If the sensor does not detect a person, the airbag should not deploy.

POSSIBLE REASONS AIRBAGS DID NOT DEPLOY

If you were involved in an accident in which your airbags should have deployed, but never did, these could be some of the possible reasons, according to the National Highway Traffic Safety Administration (NHTSA):

SENSORS DAMAGED IN THE ACCIDENT

When the sensors that deploy the airbags in your vehicle are damaged or destroyed in an accident before they get the chance to send the signal for deployment, the airbags may not deploy.

FAILURE TO REPLACE AIRBAGS AFTER DEPLOYMENT

If you drive a used vehicle, there is a chance the airbags were never replaced, or the sensors were not reactivated if the car had previously been involved in an accident.

DEFECTIVE AIRBAGS

Sometimes an airbag may not deploy due to a manufacturing error. Whether that be a bad sensor or a faulty airbag.

CAN I STILL FILE A CLAIM?

If you were injured in an accident caused by someone else’s negligence, you have the legal right to pursue compensation for your damages. There are three ways this may be done:
  1. Filing a third-party claim through the at-fault driver’s liability insurance.
  2. Filing a product liability claim against the manufacturer for faulty airbags.
  3. Filing a claim against the dealership or mechanic shop that should have properly replaced the airbags/sensor after deployment.
When filing a third-party claim through the at-fault driver’s insurance, the insurer may try to devalue your claim by arguing the accident did not result in serious injuries because it was a low-impact collision that did not activate the airbag sensors. However, you do not need to be seriously injured to recover compensation, and until you see a medical professional, there is no telling how severe your injuries may be. Even in an accident with no airbag deployment.

PROVING LIABILITY FOR AIRBAG FAILURES

Cases in which the airbag failed to deploy due to manufacturing errors may be more complex, and you will need to prove:
  • The airbag should have deployed but failed to do so
  • The failure to deploy the airbag was a manufacturing error
  • You suffered an injury due to the failure of the airbag to deploy
  • The defective airbag directly caused your injuries
Obtaining the evidence needed to prove a product was defective may take time, effort and resources not directly available to you, so it is important to let an attorney help you through the process.

CALL US TODAY

If you were injured in an accident in which your vehicle’s airbags did not deploy, you may have options for recovering compensation for your damages. Let us review your claim during a free consultation to see how we may be able to help you file a claim. There is no obligation to take legal action, and if you choose to hire us there are no upfront fees or costs. We only get paid if you receive compensation.

Call us today at (916) 777-7777

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.