Yes, you can sue if your airbags did not deploy during an accident. However, there might be multiple entities you can sue in such a situation, which is why it’s best to consult an attorney.
The personal injury lawyers at Friedman & Simon, L.L.P, have over 25 years of experience fighting for the injured victims of car accidents. Many of our injured clients’ cases have involved airbags that failed to deploy on impact. We have compassion for our injured clients while we are relentless in our dealings with the at-fault parties, the insurers, and defense lawyers.
When an accident occurs between one or more vehicles, those who are driving have the right to expect their airbags to deploy right upon impact. The airbags can save lives while protecting people from hitting the windshield with their heads and flying through the windshield which can tragically result in catastrophic injuries and even death.
While airbags should deploy when accidents occur, there are times when they might not. If your airbags did not deploy and you were hurt in a motor vehicle accident, you may wonder if you can sue. These cases are extremely fact-sensitive and depending upon the unique circumstances of your accident, you may have the elements of a strong lawsuit against the vehicle’s manufacturer and other legally and financially liable parties when your airbags do not deploy.
Checking for Potential Defects Inside the Vehicle
When buying a used vehicle from someone else without much knowledge on what the vehicle has been through over the years, filing a lawsuit against the manufacturer of the company can be challenging. You are essentially buying the vehicle at your own risk from someone who may have made changes to it or used the airbags at some point in the past because they were already in an accident. However, when you have bought the vehicle directly from a dealership and something goes wrong to the point that your airbags failed to deploy, because the vehicle history should be readily discoverable, you are more likely to have a case with merit to support a lawsuit. No matter what the history of the car may be, we know what to look for and how to find it.
If you suffered injuries in an “airbag failure to deploy” accident, your lawyers need to have the vehicle examined for potential defects. Expert investigators and engineers can look at different components of the vehicle to determine why the airbags never deployed when your vehicle was hit by another driver or when you crashed into another vehicle.
The investigators and engineers will carefully and comprehensively complete the vehicle examination as they check for all different types of potential defects. If it turns out that something seriously went wrong while you were operating your vehicle, the information uncovered will be used at every stage of trying to win you the compensation you need. From negotiating the claim with the at-fault party’s insurance carrier, or, if the at-fault party is self-insured, with that party itself, to litigating the case and potentially pressing it all the way to a trial before a judge and jury, the information concerning the defective bag(s) will be a major focus of the case.
For a free legal consultation, call 516-932-0400
Providing Information Related to the Accident and Your Injuries
While having an investigation performed to determine what went wrong and who you can sue if your airbags did not deploy, your car accident attorney will ask you for important information related to the accident and the different injuries you have endured. Some of the information you may be able to provide includes photos from the scene of the collision, video footage from a dashcam or that you were able to take after the accident, and photos of injuries that you may have taken at some point.
Information about your injuries that are best provided by you include your account of how the injuries have limited or even eliminated specific activities of daily living,
Other information, such as your medical records and reports regarding your medical treatment, condition, and prognosis, as well as, if indicted, reports from experts such as accident reconstruction experts, life care planners, and economists, will be obtained by your Friedman & Simon LLP car accident lawyer as we work to build the very strongest case possible on your behalf.
Every item of information we obtain is considered in service of our paramount goal: To win the best possible outcome for you. As we gather the relevant evidence, we review it with our interim goal in mind: We figure out how much compensation to demand from the defendant(s) in this situation. (Typically, the manufacturer of the vehicle you were driving when the accident occurred, but other parties may be responsible as well.) It also shows the level of damage that such defects can cause victims who would naturally expect their airbags to deploy in the event of a serious accident.
Seeking the Right Amount of Compensation for Your Injuries Due to Airbag Failure
Many factors are considered when determining the value of your defective airbag case. These factors include, but are not limited to, the seriousness of your injuries, the negative impact your injuries will have on you over the years, the cost of your medical expenses, and the cost of medical treatment you might need to receive in the future to attempt to get back to normal after your injuries.
Talk to a Car Accident Attorney About Who You Can Sue If Your Airbags Didn’t Deploy
When you were in a car accident, airbags of the car you were in might not have deployed. The purpose of having airbags is to ease the impact that you would experience from the collision. However, if they did not deploy and failed to do what they are supposed to do, your injuries from the accident might have been more severe. If the airbags did not deploy due to a defect, you have a right to demand a claim and file a lawsuit against the manufacturer of the vehicle, as well as against other potentially responsible parties.
Let Friedman & Simon, LLP alleviate your stress and anxiety by providing that very highest level of legal representation that you need and deserve. We will focus on all the paperwork, case deadlines, evidence gathering, and communication with all associated parties, and we will aggressively press your case forward while you focus on your medical treatment, healing, and rebuilding your life. Please note, the sooner you contact our firm, the greater our opportunity to build the strongest case possible on your behalf. Call our office for a free consultation at (516) 932-0400.