According to the NHTSA, airbags are one of the most critical safety features in modern vehicles, having saved tens of thousands of lives since they came into use. Despite their life-saving potential, however, airbags sometimes fail to deploy during collisions, resulting in severe injuries or fatalities. When this happens, determining liability can be complex. This is a time when it’s vital to have the Texas personal injury attorneys of Rochelle McCullough, LLP on your side.
Although sometimes the auto manufacturer is at fault and can be sued for product liability, at other times, the only way injured parties can recover damages is to sue the other driver. In either case, having an experienced personal injury attorney from our practice is a great asset. If the negligence of another has caused you serious harm in a car accident in the Dallas–Fort Worth area, we will fight vigorously to bring you the compensation you deserve.
Possible Reasons Your Airbags Didn’t Deploy
Sensor Malfunction
Airbags rely on sensors to detect a collision and trigger deployment. If these sensors malfunction or are damaged in an accident, the airbags may not deploy as intended. Sensor issues can stem from manufacturing defects or be the result of poor maintenance.
Electrical Issues
The airbag system is highly dependent on electrical circuits. Problems such as short circuits, wiring faults, or battery issues can also disrupt the deployment process. Regular maintenance and checks are essential to ensure these components function properly.
Impact Severity
Many airbags are designed to deploy only in collisions that reach a certain level of severity in terms of speed and impact. If the impact is not deemed sufficiently severe by the vehicle’s system, the airbags might not deploy, even if the collision results in significant damage and injury.
Size of Passenger
Some systems automatically deactivate passenger airbags if the system does not detect a passenger. This may occur if the occupant is a child or an unusually small or lightweight adult.
Vehicle Recall or Defect
Manufacturers sometimes issue recalls for specific vehicle models due to defects in their airbag systems. If your vehicle was affected by such a recall but the necessary repairs or replacements were not performed, the manufacturer may be liable for any resulting injuries due to airbag failure.
Improper Installation or Repair
If your vehicle has undergone repairs or modifications, and the airbag system was not properly reinstalled or repaired, airbags could fail to deploy. Because airbags must be replaced after they deploy, they may also fail if you never had them replaced after a previous accident or if the car had a previous owner who did not maintain it properly.
Determining Liability When Airbags Don’t Deploy
When airbags fail to deploy, determining liability involves examining both the vehicle’s condition and the circumstances of the accident. Liability may fall on different parties, including:
- Auto manufacturers if the failure was due to a defect in the airbag system relative to poor design, a production mistake, or a marketing error (e.g. failure to warn consumers about a potential risk or recall issue).
- Vehicle repair shops if improper repairs or maintenance contributed to the airbag failure.
More than one party may be held accountable if, for example, the victim’s airbags failed to inflate but the other driver was at fault for the accident itself.
How Our Attorneys Prove Liability in Court
To prove liability at trial, our attorneys must demonstrate that the failure of the airbags to deploy directly caused or worsened the injuries sustained. Our attorneys must establish:
Product Liability
To win a claim of product liability, we will have to show that the airbag system had a defect or failed to function as intended due to manufacturing issues or design flaws, or that there was no warning of the risk involved if a lightweight passenger occupied the front passenger seat.
The Four Legal Elements of Product Liability
There are four components that must be considered to prove product liability:
- That the product was defective in some way
- That the product was used as the manufacturer intended
- That the product defect directly resulted in the consumer’s injuries
- That the consumer suffered quantifiable losses
Services Our Legal Team Provides
Our team will take the following steps to recover the damages you deserve for medical expenses, lost income, physical pain, emotional distress, and all other costs related to the injuries caused or exacerbated by defective airbags, including:
- Investigate the vehicles and their repair records
- Interview witnesses
- Consult with airbag experts for testimony to bolster the case
- Negotiate an out-of-court settlement
- Forcefully litigate if necessary to recover maximum damages
Contact Our Experienced Dallas-Fort Worth Product Liability Attorneys Today
Having a serious car accident is distressing enough, but having one in which a crucial protective device malfunctions can be terrifying. If you have been through the trauma of an auto accident in which your airbags did not deploy, you need the skilled legal representation Rochelle McCullough provides. Get in touch with us now so we can take over the heavy lifting. While you relax and recover, we will work hard to bring you the resources you need to make your future brighter and more financially secure.