IN A HEAD-ON COLLISION, DID YOUR AIRBAG FAILS TO DEPLOY?
HAVE YOU BEEN INJURED BECAUSE YOUR AIRBAG FAILED TO DEPLOY IN AN ACCIDENT?
You expect your airbags to deploy and protect you and any passengers in your car, whether you cause or are a victim of a traffic collision. Unfortunately, airbags do not always deploy in the event of a collision. If your airbags don’t deploy in a collision, you and your passengers might suffer serious and perhaps fatal injuries. You may have a claim against the airbag manufacturer in certain instances. You will, however, almost always have to seek compensation from the person who caused the car accident.
The professional car accident lawyers at Warrior Car Accident Lawyers give further information about how airbags protect you, various reasons why your airbag didn’t deploy, and a discussion regarding culpability in these instances in this guide.
AIRBAGS PROTECT IN THE EVENT OF A SERIOUS TRAFFIC COLLISION.
In the mid-to-late-1980s, automakers began installing airbags in cars. Today’s cars are equipped with not just frontal airbags but also side airbags. Since 1999, front airbags have been mandatory in all passenger cars, and automakers now provide side airbags as a standard or optional feature. Frontal airbags have saved nearly 50,000 lives, according to the National Highway Transportation Safety Administration.
When a moderate to severe collision happens, the airbag system’s electrical controllers transmit a signal to inflate the airbag, which is done by releasing a injuryless gas. Because this process happens so fast, it may potentially result in injury. However, in most circumstances, the airbag’s safety and protection exceed the risk of injury. Children under the age of 13 should not be exposed to the deployment of airbags since it might result in serious injury.
REASONS WHY YOUR AIRBAG DIDN’T DEPLOY
The speed of a collision, the cars involved, the direction of impact, the design of the airbag system, and the position of crash sensors are all variables that influence airbag deployment.
The following are some probable reasons why your airbag did not deploy, according to the NHTSA:
The accident circumstances were not severe enough to justify deployment. Seat belts alone offer enough protection in low-speed and low-impact crashes.
You could have an upgraded frontal airbag system if you have a modern car. When these sophisticated technologies do not identify a passenger or detect a little person or kid, the passenger airbags may be deactivated automatically.
When a kid or small person is sitting too near to an airbag, advanced side airbag systems instantly deactivate the airbag.
Airbags must be changed after deployment. If airbags did not deploy after an accident, previous owners of a secondhand car might not have replaced them.
Defective sensors, electrical components, and modules, as well as system and manufacturing flaws, may prevent an airbag from deploying during a collision.
Electrical lines that control the airbag system may be damaged in extreme crashes, resulting in deactivation.
IN A CAR ACCIDENT, WHY DIDN’T MY AIRBAG DEPLOY?
Airbags aren’t meant to deploy in every circumstance. In certain accidents, it’s preferable if your airbags don’t deploy. Your airbag should not have been deployed if you were involved in any of the following accidents.
Collisions with small animals like squirrels, dogs, and deer Collisions with a curb, sign, or parking block
Accidents involving minimal deceleration from front to back, such as rear-end accidents, broadside collisions, and rollovers
Accidents involving little deceleration from front to back, such as rear-end collisions, broadside collisions, and rollovers
It’s possible that your airbags did not deploy in a car collision since that’s what they were meant to do. An expert car accident lawyer can investigate your accident and case to see whether your airbags were at fault for your injuries.
If your airbag didn’t deploy in a front-end accident, for example, you might not have been travelling at a high enough speed to activate the airbag.
COLORADO LAWS GOVERNING NO-FAULT INSURANCE
It makes no difference whether or not your airbags are deployed in a traffic collision with little or no property damage and few or no casualties. Colorado is one of just a handful of states with a no-fault insurance system. Residents of Colorado must acquire a minimum of
$10,000 in property damage liability PDL and medical payments coverage MedPay coverage
when they register their cars. Regardless of who caused the accident, all parties involved must submit insurance claims under their policies.
Up to the policy maximum, Colorado no-fault PIP insurance provides 80 per cent of medical bills and disability benefits equivalent to 60 per cent of your salary. Accidents of this kind rapidly surpass or exceed the limits of no-fault insurance policies. Once your coverage has been exhausted, you may seek extra compensation from any person who contributed to the accident outside the no-fault system.
IS IT A DEFECTIVE AIRBAG IF MY AIRBAG DIDN’T DEPLOY IN A CAR ACCIDENT?
When an airbag fails to deploy in a car collision, it’s often due to a manufacturing flaw. Courts evaluate product liability cases to find the exact sort of defect when customers sue manufacturers for injuries caused by a faulty product.
There are three sorts of problems that may occur in an airbag:
ERROR IN DESIGN
These flaws appear during the design phase of a product. The design is carried out according to the plan. However, the plan is dangerous. When it comes to airbags, manufacturers usually don’t find out about the flaw until after customers have driven their cars with them installed.
DEFECT IN THE MANUFACTURING PROCESS
After a safe airbag design has been approved, businesses begin producing the product. Employee mistakes, equipment failure, transportation issues, and material sources may all result in a production mishap during this phase. The concept is sound. However, the implementation is defective in manufacturing flaws.
ERROR IN MARKETING/INFORMATION
These flaws have to do with the information that car dealers and manufacturers provide to customers about the product. When businesses fail to alert customers about potential dangers, information flaws may arise. When a company makes false assertions or participates in deceptive advertising regarding safety, marketing flaws involving airbags are more likely to develop.
AIRBAG DEFECTS AND RECALLS AT TAKATA
Takata Corporation of Japan is responsible for the biggest car recall in American history. According to the National Highway Transportation Safety Administration NHTSA, the recall touched practically every car manufacturer and resulted in the recall of more than 60 million cars.
Although the malfunctioning airbags functioned, several of them blew while buyers were
driving. Hundreds of class-action lawsuits have been filed against automakers and Takata for faulty airbags due to the recall. The firm is also accused of misleading business methods.
Takata consented to the following terms in a court ruling:
Takata may only claim that its airbags are safe if they have scientific and engineering evidence to back up their claims.
Takata can’t falsify or manipulate testing data or knowingly provide inaccurate data.
Although the failure of your airbags to deploy is unlikely to be related to the Takata recall, the case serves as an excellent illustration of what happens when a car or auto component maker is held accountable for customer injury. Furthermore, filing a faulty airbag lawsuit against the manufacturer is not always the best option for people who have been injured in a car accident.
Many airbags are malfunctioning at the same time, and these instances are sometimes consolidated into class-action lawsuits. In a class action, all of the money a judge awards in damages is divided among everyone listed in the claim depending on their level of loss, and you may not receive any money for years.
Individual legal action against the airbag manufacturer is possible, but establishing they are equally or more accountable for damages than the motorist who caused the accident is difficult. Finally, you should consult with an experienced car accident lawyer and have him, or her advise you on the best line of action for your specific situation.
IN A DEFECTIVE AIRBAG LAWSUIT, DETERMINING LIABILITY IS CRUCIAL.
You might elect to bring a lawsuit against the manufacturer if your airbag did not deploy in an accident. When you file a case against a manufacturer for a faulty airbag, you must show that the firm was negligent.
Only if you can show the following with the aid of a professional car accident and product liability attorney can a Colorado court hold the car/airbag manufacturer accountable for damages:
During the traffic collision, your cars’ airbags should have deployed, but they didn’t. Your car’s airbags failed to deploy due to a flaw.
Your car’s airbags failed to deploy, resulting in injuries.
You had serious injuries that resulted in financial loss or damage.
To the prerequisites listed above, there is a crucial exception. Another motorist caused the collision, and your injuries were most likely the result. To get compensation from the auto/airbag manufacturer in a personal injury claim, you must show that your injuries were
considerably worse than they would have been if your airbag had not been deployed.
Your lawyer will advise you whether filing a faulty airbag lawsuit is the best way to recuperate your damages from the accident. This may include meeting with engineers and accident reconstruction specialists who can firmly state that the airbag was faulty and contributed to your more serious injuries.
Taking legal action against the at-fault motorist and his or her insurance company would likely be your best choice of action unless you have suffered catastrophic injuries that keep you from working or your loved one has suffered catastrophic injuries.
AFTER A CAR ACCIDENT, RECOVERING LOSSES
You must seek damages from the at-fault motorist after exhausting your PIP insurance coverage if you do not file a lawsuit against the auto/airbag manufacturer after your airbags fail to deploy.
You may be able to recover any or all of the following economic and non-economic damages as a result of your accident and injuries if you reach a settlement agreement or the court determines in your favor:
Estimated future medical treatment costs when an accident causes severe injuries that require extensive recovery or a permanent condition or disability that requires ongoing and indefinite care
Costs associated with ambulance and emergency services, hospital stays, doctor visits, surgery, follow-up care, travel to and from the hospital or doctor, diagnostic imaging, lab testing, and prescription medication
Costs of modifying your home to make it more accessible, such as installing a wheelchair ramp outside, installing grab bars and handrails in bathrooms and throughout your home, or constructing a main floor addition if you cannot go up and down stairs after your accident
Repatriation costs if catastrophic injuries prevent you from returning to your former job or seeking any type of gainful employment in the future
Physical discomfort and suffering as a result of your injuries Loss of consortium with a spouse as a result of your injuries Emotional pain and suffering as a result of your injuries Scarring and deformity
Other non-economic damages that pertain to your case
CAR ACCIDENT LAWYER JEREMY D. EARLE, JD
The damages mentioned above are referred to as compensatory damages by lawyers and courts. They are granted to accident victims to compensate them for losses incurred due to their accident and injuries.
Punitive damages, meant to penalize the offender for their behavior, are occasionally awarded to accident victims in Colorado courts; however, courts reserve punitive damages for less frequent accidents involving purposeful injury or gross carelessness. If a drunk driver caused your car accident, for example, the court might impose punitive damages.
Being in a catastrophic car accident and sustaining injuries is a painful experience that may last a lifetime for you and your family. It’s only going to make things worse if you’re wondering whether your airbags may have avoided some of your pain and worry.
If you were injured in a collision and your airbags did not deploy, you should call an expert car accident attorney right away. A lawyer can walk you through the insurance claims process and help you develop the best approach for getting the cash you deserve.
