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Being in a car crash can be devastating, especially if the person suffered catastrophic injuries. However, victims will have to deal with different matters after the accident, including negotiating with insurers.
In most cases, insurers will ask if the airbag deployed, and it's due to a reason. This article gives context, explains why it happens, and suggests the best alternative for victims in need.
Airbag Deployment in a Car Accident Can Help the Victim's Case
When a victim is in a car accident and airbags deploy, their claim will likely be worth more.
Airbag deployment only occurs in moderate to severe car accident cases. Therefore, most times, when it happens, the insurance company will have to pay more.
The Claim Can Be Worth More
Even though it doesn't happen all the time, airbag deployment could make a car accident case worth more, especially if victims sustained serious injuries.
However, victims should keep in mind that air bags deploy due to defects as well. Consequently, they must not consider deployment the sole indicator for potentially getting a higher settlement.
Instead, if a victim was behind the steering wheel and they want to file a personal injury claim, they should talk to an experienced lawyer who can help them, guide them through their case, and passionately defend them.
Attorneys understand all the intricate details of the legal system. Therefore, they're ready to help victims and explain the process.
There are a few factors that can influence a car accident claim. When someone is filing a lawsuit, they should consider these because they can completely change the outcomes. Here are some of them:
Totaled Car
If air bags deploy, it doesn't mean a car is totaled. Instead, several factors will determine if the vehicle is worth repairing or not.
Insurers use software to determine the cost of a car accident claim. When air bag deployment happens, the circumstances can vary since victims may have to pay as little as $750 or as much as $5,000, depending on their vehicle model.
Air bags could make a huge difference. Depending on the model and year of the car, deployment can affect whether or not the insurance company declares it totaled or worth repairing.
Cars with low cash value will be considered totaled if the airbags deployed because the repair cost isn't worth the settlement money. Powell Law Firm can answer questions like, "Do insurance companies always total cars when airbags deploy?"
Rollover Accidents
Air bags are not designed for rollover accidents. If the car flips, it's impossible to know whether they deploy or not because a multitude of factors can affect the vehicle's impact.
To protect the person from catastrophic injuries, air bags need to remain inflated for longer in car accidents where vehicles flip.
In terms of settlements and accident claims, deployed air bags will make a difference if the cars roll over.
Even so, victims should contact a car accident lawyer, tell them the specifics of their case, and determine what to do next.
Soft Tissue Cases
In some cases, the victim may suffer soft tissue injuries. Proving liability is easier if the airbag deployed.
Soft tissue injuries are also called 'whiplash,' and they include neck, back, and shoulder pain. Since they're sometimes not visible by normal medical procedures, airbag deployment can help prove that they likely happened due to the accident.
Victims Not Wearing a Seat Belt
Airbag deployment shouldn't be the only thing saving a person's life during a car crash. The seat belt should protect them as well.
If the person wasn't wearing a seatbelt during the accident, the insurance company may reduce their settlement.
The victim can try to show that wearing a seat belt wouldn't have prevented the injuries from happening. However, it's extremely challenging.
Common Injuries Victims Can Suffer When Airbags Deploy
Airbag sensors activate when they detect an impact. However, they're not perfect, and people can still suffer from injuries. Some of the examples are the following:
Face and head trauma
Cardiac injuries
Soft tissue damage
Eye socket injury
Loss of sight or hearing
Lung injury
Lacerations, contusions, and abrasions
Traumatic brain injuries
Broken bones
Internal organ bleeding and damage
Musculoskeletal damage
Depending on the injury the person sustains, the settlement amounts may vary. At the same time, the help of a lawyer could make a huge difference since their job is to guide the person in proving the pain they're suffering is a consequence of someone else's negligence.
Common airbag injuries can change a person's life because they can hinder their ability to go on with their daily routine. Powell Law Firm can advise on what the most common airbag injuries are.
However, proving that the other party was negligent is not easy. Plus, even if they manage it, victims will have to negotiate with the insurance company to get a settlement and pay for the expenses, which include medical bills and vehicle repairs.
What If the Car Airbags Didn't Deploy?
Many victims worry that insurance companies will act as if the crash wasn't that bad if their airbags didn't deploy. Although this is a possibility, the car could've had a defect as well, which would give the person grounds for a lawsuit.
Victims should keep in mind that the airbag deploys when the sensor activates. Therefore, several factors can influence deployment, for example, the impact's direction, speed, the system design of the air bag, and the location of the sensor itself.
Additional Reasons Why Some Airbags Don't Deploy
Other factors can influence an air bag not deploying, such as the sensor not detecting anyone in the front seat, which can happen if a child is sitting there.
Finally, a manufacturer's defect could also be what prevents an air bag from deploying. In these cases, an auto accident attorney can guide the victim.
How Victims Should Deal with the Insurance Company
The best way to deal with insurers is to hire an experienced attorney. They will guide victims and negotiate with insurers to get the best settlement.
Final Thoughts
If airbags deploy, that could entirely change the outcome of a car crash claim. Therefore, keeping track of all the details is essential because they'll work as evidence once the victim negotiates with insurers.
The process could be much smoother with a lawyer's help, so victims should get assistance as soon as possible.