Drivers and passengers expect their airbags to work properly in an accident. When they do not work as expected, or fail to work at all, accident victims can suffer life-changing injuries.
If your car’s airbags failed to deploy, you may have a viable claim against the manufacturer of the vehicle or the airbag. The experienced Fort Worth auto accident lawyers at Anderson & Cummings are available to discuss your situation in a free consultation.
Proving Liability in Texas
There are several things your attorney must establish to build a valid claim over airbag failure:
- The airbag should have deployed under the circumstances but did not
- The airbag is defective
- You suffered injuries that were caused because the airbag did not deploy, or your injuries were worsened because of the failure to deploy
- You suffered economic or non-economic damages
Your lawyer will need to thoroughly investigate the accident to determine why the airbag did not deploy and how your injuries were linked to this factor. He or she may also retain the services of an industry expert witness to help build a robust case.
Common Airbag Defects
Product liability claims are often divided into three different categories:
- Design defect – A design defect causes an entire line of products to be inherently dangerous. An example of a defectively-designed product is Takata airbags. The propellant in these airbags that could become unstable and deteriorate, resulting in shrapnel shooting out at vehicle occupants when the airbag deployed.
- Manufacturing defect – This is an error during the production of the product, which makes a batch of the product unsafe.
- Failure to warn – This occurs when manufacturers fail to warn consumers about possible dangers of using a product. Maybe there were insufficient warnings or instructions, such as failing to warn occupants that children should not ride in the front seat because the airbag could seriously injure children if it deploys.
Common reasons that airbags may be defective include:
Defective crash sensors
Crash sensors detect when there has been a collision so the vehicle knows when to release the airbag. If the sensor does not work properly, it may not make the airbag deploy, which can result in serious injuries to the occupants of the vehicle. This problem may be caused by the design of the sensor, its installation or improper calibration.
Electrical problems
When a collision occurs, the sensor usually sends an electronic signal to deploy the airbag. If there is a problem with the wiring, electrical component or electrical signal, the airbag may not deploy.
Airbag module problems
Another reason why an airbag may not deploy properly is because of a problem within the airbag module.
Preventable Injuries
When an airbag does not deploy properly, the occupants of the vehicle can suffer serious injuries that otherwise could have been prevented. Such injuries may include:
- Whiplash
- Skull fractures
- Traumatic brain injuries
- Brain bleeding
- Spinal cord injuries
- Soft tissue injuries
- Neck or shoulder injuries
A medical expert witness may be needed to explain how your injury was due to the airbag not deploying.
Contact Us for a Free Consultation
If you were involved in an accident in which an airbag did not deploy, it is important that you understand your legal rights and options. The licensed attorneys at Anderson & Cummings may be able to assist you.
If you have a valid claim, we are prepared to pursue maximum compensation for the damages you sustained, such as medical bills, lost wages, property damage, ongoing medical expenses and pain and suffering.
You can reach us by phone at (817) 920-9000 or fill out a free case evaluation form today.