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Motor vehicle accidents are unexpected, but they can happen at any time. They are usually caused by factors outside of a driver's control and the ripple effects can reach far and wide.
That is why vehicles are designed with safety features to protect the driver and passengers during a car accident.
However, these features can fail and cause more harm than good. Unfortunately, when airbags fail to deploy as expected, the results can be devastating. In the event of airbag failure, victims can recover compensation with the help of personal injury lawyers.
One question is typically asked when victims choose to file legal claims: what is the average settlement for airbags not deploying? This question will be answered after dissecting critical aspects of a defective airbag.
The Purpose of Airbags and How They Work
Airbags are an essential safety feature in automobiles. They cushion the impact of a car crash and protect the vehicle's occupants from serious injury or death.
These devices are usually in the steering wheel, dashboard, front and side doors, and at the back of some vehicles.
The airbags deploy in a specific type of crash, such as a side impact or a head-on collision. During a crash trip, sensors send an electrical signal to an ignitor, which inflates the cushions with nitrogen gas. Powell Law Firm can advise on questions like, "Do insurance companies always total cars when airbags deploy?"
While they have proven to reduce the risk of damage in a crash, many have suffered injuries due to faulty airbags.
A car accident involving a defective airbag gives victims the right to file lawsuits. Consulting with a personal injury lawyer helps those who have suffered severe injuries get justice.
Reasons Airbags Do Not Deploy in Car Accidents
A faulty airbag has a design flaw, production defect, or any other issue that prevents it from properly protecting the occupants of a vehicle. Airbag failure happens more often than many think. Listed are reasons for airbag failure during a car accident:
Insufficient impact: Airbags are designed to deploy during a moderate-to-severe crash, so if the impact is not intense enough, the bag may not inflate.
Faulty sensors: If airbags failed during a car accident, the sensors that detect a crash may have malfunctioned.
Disconnected wiring: Airbags failing to deploy may happen if the wiring connected to the system is severed or damaged.
Airbags were not replaced: The previous vehicle owners (of a used car) may not have replaced airbags after a car accident, even if they were deployed.
Counterfeit airbags: Although this is not common, it happens. Auto manufacturers or second-hand car dealers have been found guilty of installing fake airbags in vehicles.
If electrical components, defective sensors, and other elements cause airbag failure, it's because of production defects. The airbag manufacturer may then be liable.
A personal injury lawyer can help those who have suffered serious injuries because an airbag failed to file a lawsuit.
What Happens When Airbags Do Not Deploy in a Car Accident?
Car accidents are dangerous. A vehicle's airbags not deploying can result in catastrophic injuries. The medical bills after those damages are costly. Victims of car accidents can seek compensation from liable parties.
Severe Injuries That Occur If an Airbag Fails to Deploy
Traumatic Brain Injuries
An external force, such as a blow to the head or intense jolting, causes a traumatic brain injury. These injuries can range from mild to severe and may cause long-term physical and cognitive deficits.
Spinal Cord Injuries
Faulty airbags in an accident can also cause injury to the spinal cord, which can cause permanent damage. Spinal damage ranges from mild to severe and can cause loss of movement or feeling in the arms, legs, or other areas of the body.
More Serious Injuries That Can Occur
Head and neck injuries
Facial injuries
Upper body injuries
Broken bones
Emotional trauma
Other internal injuries
Claims After Airbag Deployment Failure
If someone is injured in a car crash because of failing airbags, they may have grounds to take legal action. It is recommended to consult an auto accident lawyer to gain insight into available legal options and to determine the average settlement for injuries.
Who Is Accountable for Airbag Deployment Failure Cases?
In a motor vehicle accident, if the airbags fail, the victim may sue the airbag's manufacturer. Other potentially liable parties include the at-fault driver, product designers, the previous car owner, and auto shops.
Types of Lawsuits in a Defective Airbag Case
Product Liability
A product liability claim is a legal action against a producer or seller of a defective device.
Victims have a claim against the car manufacturer or airbag company if they can prove that their injuries would have been less severe or nonexistent had the airbag been deployed correctly.
Personal Injury
Personal injury claims are made against the manufacturer of a non-deploying airbag for any physical or emotional injuries sustained because of the faulty product.
In a defective airbag case, the plaintiff may claim that the deficient airbag caused physical or emotional injuries.
Negligence
This lawsuit is a legal action against the manufacturer of defective airbags for failing to exercise a reasonable level of care in the making or sale of the product.
A negligence claim can also be filed against the driver who caused the car accident by careless behavior. This type of claim is the basis for many personal injury cases.
Wrongful Death
A wrongful death claim is filed by surviving family members, friends, or the estate of a deceased person against the entity that is legally responsible for their death.
In a car accident case, this claim can be made against parties, including at-fault drivers and airbag manufacturers.
What Is the Average Settlement for Airbags Not deploying?
If an airbag fails to deploy and causes serious injury, the wounded person might be eligible to receive reimbursement through a settlement or jury award. Some damages included in a case may be:
Medical expenses
Lost income (related to the inability to work because of injuries)
Expenses-related injuries of the accident
Diminished quality of life
Disfigurement or scarring
More severe injuries caused by the effects of worsening medical conditions
Permanent or temporary debility
Pain and suffering
Other Factors That Affect Compensation
Who Is Held Liable?
The injured party can be eligible to receive damages from multiple sources, such as the negligent driver who caused the accident and the airbag manufacturer.
An example is filing for punitive damages if there's a careless driver. In this case, the plaintiff gets additional compensation that exceeds the initial settlement.
The Type of Claim
The type of lawsuit filed affects the settlement amount. With a wrongful death claim, for example, the surviving families can file for higher compensation.
Insurance Coverage
In many car accidents, multiple people can be held accountable. Each of them may have varying levels of insurance coverage to pay for damages or injuries.
However, plaintiffs must be careful. Sometimes, plaintiffs may not receive a fair settlement when injuries go beyond the coverage.
Recovering Compensation
The answer to the question — what is the average settlement for airbags not deploying? — is complex. It is difficult to determine exactly how much a victim is eligible to receive without investigation.
Every case is unique. The total average settlement for airbags failing depends on several factors.
Why Getting a Personal Injury Lawyer Is the Best Option
Getting a settlement award in a faulty airbag case can be a long tricky process. To ensure that they are properly compensated, plaintiffs should seek the expertise of an experienced personal injury lawyer.
A legal professional can help shoulder the burden by:
Providing the best legal advice
Helping to gather the proper evidence
Calculating a fair settlement amount
Dealing with the back and forth with other involved parties
Fighting for the settlement the victim deserves
FAQs
Is there a deadline for filing claims in a faulty airbag case?
If an airbag did not deploy when it should have, the injured party may sue the car or airbag manufacturer or the driver at fault. However, there are time limits in place for taking legal action.
The statute of limitations for claims after a car accident depends on the state. In Missouri, for instance, car accident victims have a five-year window in which they can sue. This means residents of the state have five years from the day of the crash to file a lawsuit.
Who is responsible when there is a multi-car crash?
The party responsible for causing a multi-car collision depends on the specific details of the incident. To determine culpability, an investigation is conducted to collect evidence.
When can I not file a claim for a settlement amount?
In some instances, if it's proven that the injured victim is at fault for airbags not deploying, there is no ground for a claim.
If someone is warned about possible faulty airbags and they did not act on it, the subsequent failure of the airbag could be their responsibility.
On the other hand, if a warning light appeared, and they sought the help of an auto repair expert, the liability for the airbag malfunctioning could lie with the professional. Therefore, it's wise to consult with a solicitor to determine rights for compensation. Powell Law Firm can also answer questions such as, "How long do I have to sue my college for slip and fall Missouri?"
The Bottom Line
Things that drivers depend on to keep them safe, such as airbags, can fail. Airbags not working during a car accident can cause serious injuries.
In the event of negligence by the manufacturer or another driver, the injured party may get compensation. To get a fair settlement, seek advice from a personal injury attorney.