When is an Airbag Injury a Lawsuit?
An airbag will save your life in an accident, but if it is defective or malfunctioning, it could injure you just as badly. In some cases, an airbag may deploy without ever meeting another object or vehicle. While rare, these situations can cause serious injuries to your body.
Additionally, if there is a corresponding recall or defect associated with your vehicle, then the manufacturer could be held responsible. However, if an airbag injures you in an accident or outside of an accident, can you bring a civil lawsuit against someone to collect damages?
Injuries Associated with Airbag Impacts
An airbag quickly deploys in order to stop your head and face from impacting the steering wheel. Even proper deployment can cause injuries, but incorrect deployment can do much more harm, including:
- Bruises and abrasions
- Burns
- Fractured or broken bones in the face, wrist, hands or fingers
- Concussions
- Traumatic brain injury
- Internal bleeding and organ damage
- Injuries to the eye
- Ear damage or permanent hearing loss
- Dermatitis
- Failure to deploy on impact could also lead to serious brain injuries or death.
Proving Fault
Proving who is at fault for your airbag injuries is the most complicated part of your case. You may have to pursue the car manufacturer for faulty airbags, but first you will need to prove that it was your vehicle that failed to act. Also, your attorney will need to prove that the car was not crash-test-worthy, meaning the manufacturer released a vehicle that was dangerous.
Because airbags are part of a vehicle’s crash test rating, the design of the airbag and its failure to deploy are critical components in proving your case. The manufacturer can argue that the airbag has tested and been proven to deploy as it should. If it does, then the injuries you encounter are part of a regular accident and not a product liability issue.
Most new vehicles come with a “black box” which records data up until the time of the accident. This box can help investigators decide when/if the airbag deployed and under what conditions. If an airbag fails to deploy or deploys after the collision, then the box should have this data.
Injured in an Accident? You Need a Skilled Attorney
If you or a loved one is injured in an accident, contact Best Personal Injury Lawyer Boca Raton at Glotzer & Kobren, P.A. at 561-361-8677 to discuss your rights. Serving Boca Raton, Delray Beach, Boynton Beach, Deerfield Beach & throughout Florida.
