Did you know airbags inflate in as little time as 1/20th of a second? According to the National Highway Traffic Safety Administration (NHTSA), airbags saved nearly 50,000 lives between 1987 and 2017.
Unfortunately, airbags are not guaranteed to deploy in all car accidents. So, “what happens if my airbags didn’t deploy?” If you are asking this question, the answer is simple.
You could file a lawsuit against the maker of the airbags, the vehicle manufacturer, or another responsible party if your airbags did not function as intended.
Read this post to understand how airbags protect you, the likely reasons why your airbag didn’t deploy, and the liability in these situations.
How Do Airbags Offer Protection In Accidents?
Car manufacturers started installing airbags in automobiles in the mid-1980s. Modern cars come with side airbags in addition to frontal airbags.
Since 1999, front airbags have been a requirement for all passenger vehicles, while side airbags are either standard or optional, depending on the manufacturer. Frontal airbags have saved more than 50,000 lives, according to the NHTSA.
During a collision, the airbag system’s electrical controllers transmit a signal to inflate the airbag, which is accomplished by the discharge of harmless gas. This action happens so fast that it occasionally injures people.
However, an airbag’s safety and protection typically outweigh the risk of injury. Due to the potential for serious injury, children under 13 should not be exposed to airbag deployment.
When Are Airbags Supposed to Deploy?
Side and frontal airbags should deploy when a mild to severe accident occurs. Sometimes they may inflate in minor crashes, but they are not intended to deploy in all accidents.
Airbags should work in tandem with seat belts to keep you safe in a collision. They prevent your head or upper body from hitting the inside of your car.
However, several factors may influence an airbag’s ability to deploy during a crash depends, including:
- The speed of the car before the collision
- The direction of impact
- The type of other cars involved in the collision
- The layout of your car’s airbag systems
- The location of crash sensors in the vehicle
You and your attorney will need to look at your particular case because these details differ from accident to accident.
Besides, airbags don’t always deploy during crashes, so you must prove that your airbags should have deployed in your accident but didn’t.
What Prevents Airbags from Deploying?
Mechanical issues with the vehicle or airbags may hinder them from deploying during an accident.
Computer activation issues
The electronic control unit of the airbag system transmits a signal commanding the device to deploy when a car is involved in a minor to a catastrophic accident.
A non-toxic gas is produced by an igniter in the system and quickly fills the airbag. But occasionally, there are issues with electrical parts that hinder the airbag from receiving the correct signal and deploying.
Defective crash sensors
Malfunctions in the collision sensors may prevent the airbag from inflating. This may happen due to a design defect, poor calibration, or poor installation.
The airbag needs replacing
An airbag should be replaced after it has been deployed following a collision. If you don’t change the airbag, it won’t inflate during successive crashes.
Other airbag module malfunctions
Other defects or manufacturer problems could affect airbag deployment. Your lawyer will probably ask a third party to check your vehicle for problems if it’s not intuitively clear why the airbag failed to deploy.
Airbags could also fail to inflate if:
- The car detects a child or a small-stature person in the seat, causing the system to shut off.
- The accident was minor, so the vehicle did not recognize the need to deploy the airbag.
The vehicle or airbag manufacturer can try to assert that the conditions did not warrant the airbag to deploy. A knowledgeable personal injury attorney can demonstrate how they ought to have responded based on the specifics of your accident.
My Airbag Didn’t Deploy in a Car Accident. Is It Defective?
When an airbag doesn’t deploy in a collision, it is usually because of a manufacturing defect. Courts review these product liability lawsuits to identify the precise kind of defect when individuals sue companies because a defective product caused harm.
There are three kinds of defects that an airbag may have:
Design defect
These faults happen during the product’s development. Sometimes manufacturers notice that the design is unsafe but still execute it.
When it comes to airbags, manufacturers frequently are unaware of the problem until after buyers drive vehicles with the installed airbags.
Manufacturing defect
Manufacturers start producing airbags as soon as a safe design is approved. During this stage, employee error, equipment malfunction, shipping issues, and sources of material can all result in a production defect. In manufacturing defects, the design is safe, but the implementation is flawed.
Information or marketing defect
These flaws are related to the information auto dealers and manufacturers provide to customers about the product. Information errors can occasionally emerge when businesses fail to alert customers about risks.
When a producer makes false claims about the safety or uses misleading advertising, airbag marketing defects are likely to arise.
Takata Airbag Defects and Recall
The Takata Corporation of Japan was the biggest car recall in American history. According to the NHTSA, the recall affected all auto manufacturers and led to the recall of approximately 60 million vehicles.
What happened is that the faulty airbags were functional, but some exploded while buyers drove their vehicles. Numerous class-action lawsuits were filed against Takata and car manufacturers for faulty airbags, leading to the recall. The business reportedly engaged in dishonest business practices as well.
Takata consented to the following terms in a court decision:
- The court forbids them from advertising their airbag systems misleadingly.
- Takata must use scientific and engineering evidence to back up their claim that their airbags are safe.
- Takata is prohibited from intentionally offering erroneous data or falsifying or manipulating testing data.
- The chemicals that caused Takata’s airbags to explode must not be found in any airbag system the company sells except for fulfilling its responsibilities under different auto recalls.
The Takata recall probably has nothing to do with your airbags not deploying. Nevertheless, the case clearly illustrates what happens when an automobile or car part manufacturer is held accountable for consumer injuries.
Moreover, suing the manufacturer for a malfunctioning airbag isn’t necessarily the best resort for people hurt in a traffic accident. When a group of people complain about faulty airbags, their cases are combined into class-action lawsuits.
In a class action, the total amount of damages the court grants are divided among the individuals named in the lawsuit based on the degree of damages. It may also take several years before you receive any compensation.
That doesn’t mean you cannot file an individual legal action against the airbag manufacturer. You can, but it will be difficult to establish that the manufacturer is equally or more at fault for the accident’s damages than the driver.
The best action to take for your particular case should be determined after speaking with a skilled car accident lawyer.
What Happens If My Airbags Didn’t Deploy?
So, what happens if my airbags didn’t deploy? You could sue the manufacturer if your airbag failed to deploy during an accident. However, you must demonstrate the manufacturer’s negligence to file a lawsuit over a faulty airbag.
A Florida court will hold the airbag/car manufacturer accountable for damages only if you and your product liability attorney can demonstrate the following:
- Your cars’ airbags should have inflated during the collision, but they didn’t.
- Your car’s airbags didn’t work properly due to a defect.
- You sustained injuries because your car’s airbags failed to inflate.
- Your injuries were serious enough to result in financial loss or other losses.
There is a crucial caveat to the circumstances mentioned above- another motorist caused the accident, which likely resulted in your injuries.
So, if seeking compensation from the airbag or car manufacturer in a personal injury lawsuit, you must prove that your injuries were much worse than they would have been had your airbag deployed.
Your lawyer will advise on whether filing a lawsuit over a defective airbag is the best course of action for you to recover losses resulting from your accident.
That may entail consulting with professionals, such as engineers and incident reconstructionist. The professional can indisputably demonstrate that the airbag was faulty and caused you to sustain more serious injuries.
Unless you or a loved one has had devastating injuries that limit you from working, pursuing legal action against the at-fault motorist and their insurance provider will likely be your best option.
What Type of Injuries Occur When Airbags Do Not Deploy?
Passengers may suffer major and potentially fatal injuries if airbags fail to activate following a collision. The following are the most often injured:
- Chest: Without airbags to protect you, you might get soft tissue injuries or fractures in your chest.
- Neck and back: If you are propelled forward after a collision, you might get whiplash, herniated discs, spinal cord injury, and other injuries.
- Arms and legs: Your ligaments may be subjected to traumatic force after a collision that results in fractures or broken bones in your arms and legs.
- Internal systems: The force of the crash may cause organ damage or internal bleeding.
- Face and head: Smashing your head onto the side of your vehicle can cause permanent scars, concussions, traumatic brain injuries, and other severe injuries.
An airbag malfunction can result in death in addition to physical injuries. You could file a wrongful death claim with your attorney if you lost a loved one due to an airbag’s failure to deploy during a car accident.
What Damages Can You Collect When Airbags Fail to Deploy During a Car Accident?
Suppose you decide not to file a claim for damages against the car/airbag maker after your airbags failed to inflate. In that case, you must seek compensation from the at-fault driver after using up your Personal Injury Protection (PIP) insurance coverage.
The following financial and non-financial damages connected to your accident and injuries may be covered in full or in part through a settlement agreement or a favorable judgment from the court:
- Cost of medical care beyond your PIP insurance limits, such as ambulance and emergency services, hospital stays, doctor visits, surgeries, follow-up care, diagnostic imaging, and prescription drugs.
- Estimated future medical care costs if the crash results in severe injuries that will take a long time to heal or a permanent condition or disability that needs care for the rest of one’s life.
- Rehabilitation costs such as physical therapy, mental health services, or occupational therapy help accident victims regain function or learn to live with their disability.
- Lost wages beyond your PIP coverage limit for the time taken off work due to accident-related injuries, hospitalization, and rehabilitation.
- Estimated future lost earning capacity if severe injuries prevent you from returning to your career or looking for other productive employment.
- Home modification costs to make your home more accessible, such as having a wheelchair ramp outside and installing handrails and grab bars if the accident left you physically disabled.
- Physical and emotional pain and suffering related to your injuries
- Loss of consortium
- Decreased quality of life
- Other non-economic losses that apply to your case
Attorneys and courts refer to these damages as compensatory damages, granted to accident victims as compensation for their accident-related injuries and damages. Sometimes, Florida courts award punitive damages to punish the negligent party for their actions.
However, courts reserve punitive damages for rare crashes that involve willful misconduct or gross negligence. Punitive damages could be granted, for example, if a drunk driver caused your auto accident.
Consult a Car Accident Attorney Today!
Airbags are designed to reduce the impact of a crash on the driver and passengers. But if they fail to deploy and perform as intended, you may suffer more serious injuries from the collision.
You could be entitled to file a lawsuit against the car’s manufacturer and other liable parties if the airbags failed to deploy due to a defect.
Let Legal Giant reduce your stress by linking you with a skilled car accident lawyer. Our partner car accident attorneys can guide you through the claims process and devise the best strategy to get the compensation you deserve.
Contact us at (855) 740-5024 for a free consultation today.
