Is Someone at Fault When Airbags Don’t Deploy?
Along with seatbelts, airbags are designed to save lives. In a serious car accident, you expect your airbag system to deploy and help prevent severe injuries—or worse. But what happens if your airbags fail to deploy during a crash? Can you sue for this type of malfunction?
If you or a loved one has been hurt in a car accident because the car’s airbag system didn’t go off as designed at the moment of impact, you may have the right to take legal action. In this guide, we’ll explore when you may have grounds to take legal action, who might be responsible, and how an experienced personal injury lawyer can help you fight for the compensation you deserve.
Airbags: Essential When They Work, Dangerous When They Don’t
Modern vehicles are equipped with dual front airbags for the driver and passenger, and sometimes additionally include curtain or side airbags for added protection. According to the National Highway Traffic Safety Administration (NHTSA), airbags significantly reduce the risk of serious injuries and fatalities during auto accidents.
When airbags don’t deploy as intended, however, serious injuries such as head trauma, spinal cord injuries, or internal bleeding can occur. In addition to the trauma of the crash itself, victims may face high medical bills, lost wages, and long-term rehabilitation costs. In the worst cases, wrongful death can result from the failure of a crucial safety system.
Common Reasons Airbags Don’t Deploy
There are several possible reasons why airbags typically fail to deploy in a crash. Understanding these causes can help determine if you have a potential product liability or personal injury case:
- Defective Airbag or Airbag System: Sometimes, the airbag manufacturer produces a faulty airbag that doesn’t work correctly. This could be due to:
– Manufacturing defects
– Design flaws
– Defective sensors or wiring - Car Manufacturer Issues: The car company itself may have installed a defective system during the manufacturing process, or failed to issue proper recalls for known problems once the vehicle was on the road.
- Improper Repairs or Aftermarket Parts: If your car has been repaired after a previous crash, and the airbags were not replaced or installed correctly, they may not function properly in another collision.
- Crash Conditions: In some cases, to avoid minor injuries sometimes associated with airbags, they’re designed not to deploy in certain types of impacts, such as minor fender benders or low-speed rear-end accidents.
Can You Sue for Airbag Failure?
Yes, you can file a lawsuit if airbags don’t deploy as designed, and you (or a loved one) were injured as a result. In Washington State, provided you act within the statute of limitations (typically three years after the date of the crash), you may have grounds for a personal injury lawsuit against one or more liable parties, such as:
- The airbag manufacturer, for a defective or malfunctioning product
- The car manufacturer, if the vehicle’s airbag system was improperly designed or installed
- A repair shop or car dealership, if negligent repairs led to the failure
Your personal injury attorney will investigate the crash, work with experts to examine the vehicle and any other evidence, and determine whether the failure was due to a defect or negligence.
What Types of Legal Claims Can You Pursue?
When airbags don’t deploy, different legal options may apply, such as:
- Product Liability: You may sue under product liability laws if the airbag malfunction was caused by a defective design or manufacturing issue.
- Negligence: If a repair shop or dealership performed poor maintenance or failed to replace a deployed airbag, they could be held responsible.
- Wrongful Death: In the tragic, worst-case scenario of the death of a loved one due to faulty airbags, family members may pursue a wrongful death lawsuit to seek justice and compensation.
An experienced attorney can help you better understand the best options for your case and help you navigate the next steps.
Your Airbags Malfunctioned in an Accident. What Do You Do Next?
If you’ve been in a car accident and believe your airbags failed, here’s what to do:
- Seek Medical Attention Immediately: Your health comes first. Even if injuries seem minor, seek medical treatment and get properly checked out. Some conditions, like internal bleeding or brain injuries, may not be obvious right away.
- Document the Scene: Take photos of:
– The vehicle’s interior (showing the airbags didn’t deploy)
– External damage
– Your injuries - Keep the Vehicle: Don’t repair or dispose of the car before speaking with a personal injury lawyer. The car itself is crucial evidence in proving a defective airbag or airbag system malfunction.
- Contact a Personal Injury Attorney: An experienced Tacoma law firm can investigate the crash, gather expert testimony, and handle communication with the insurance company and liable parties.
What You’ll Need to Prove
An experienced car accident attorney is essential if you hope to win a lawsuit for injuries sustained as a result of airbag failure. In court, they’ll need to demonstrate that:
- The airbags failed to deploy during a crash where they reasonably should have.
- The failure was due to a defective airbag, manufacturing defect, or negligence.
- You suffered serious injuries, financial losses (medical expenses, lost wages, property damage), or the wrongful death of a loved one as a direct result.
If successful, your lawsuit can help cover:
- Medical bills and future medical expenses
- Lost wages and reduced earning capacity
- Property damage (repairing or replacing your car)
- Pain and suffering from physical and emotional trauma
- Wrongful death damages (funeral costs, loss of support)
An Experienced Car Accident Lawyer Can Help
Suing a major car company or airbag manufacturer is no small task. These large corporations have significant resources at their disposal, including teams of attorneys working to protect them in court—and preventing cases from even making it that far in the first place. Having a skilled personal injury lawyer, from an experienced law firm such as RHHK, on your side is critical.
Our law firm can help you seek justice and damages after your airbags fail to deploy in an accident. We will:
- Conduct a thorough investigation of the crash and the airbag system
- Work with engineers, accident reconstruction professionals, and other subject matter experts
- Handle all insurance company negotiations
- File a lawsuit and represent you in court if necessary
- Provide a free case evaluation so you can understand your legal options before committing
Don’t Wait—There Are Deadlines to File a Claim
Washington State has a statute of limitations for personal injury lawsuits—typically, you have three years from the date of the accident to pursue your legal rights. Waiting too long to take legal action can mean losing your right to compensation.
If you were injured because your airbags didn’t deploy, or if a loved one was hurt or killed, you don’t have to face this complex and challenging process alone. Our experienced personal injury attorneys, based in Tacoma and serving the greater Western Washington region, are ready to help.
Your Airbags Failed You. But We Won’t.
If you’ve been hurt because airbags failed to deploy, reach out to our dedicated car accident lawyers for help and legal advice. We have the experience, resources, and determination to fight for justice and full compensation for your injuries.
Contact the law offices of RHHK today for a free consultation. We’ll review your case, provide an initial overview of your legal options, and outline potential next steps. Plus, there are no initial costs to worry about—you pay nothing unless we win your case.