Airbags are designed to save lives, and in many cases, they do. However, not all airbags deploy perfectly, and sometimes, instead of protecting vehicle occupants, they cause serious injuries. Airbag injury cases have become a complex area of personal injury law, raising questions about liability, manufacturing defects, and the real-world dangers of what should be a life-saving device.
In this post, we will explore the key aspects of airbag injury cases, from the types of injuries these devices can cause to the process of filing a claim and the potential for compensation. If you or a loved one has been injured by an airbag, understanding the details of these cases is crucial for seeking justice and ensuring you get the compensation you deserve.
How Airbags Work: A Brief Overview
Airbags are part of a vehicle’s safety system designed to reduce injury in the event of a collision. These devices deploy rapidly upon detecting certain crash forces, typically inflating within milliseconds after impact. Airbags act as a cushion, absorbing the energy that would otherwise be transferred to passengers. They work in conjunction with seatbelts, providing critical protection by preventing occupants from hitting hard surfaces, like the steering wheel or dashboard, during a crash.
While airbags have undoubtedly saved countless lives, they are not without their flaws. A faulty airbag, improper deployment, or overly forceful inflation can cause serious harm instead of preventing it.
Types of Airbag Injuries
Airbags deploy with significant force, and while this force is necessary to provide the intended protection, it can also result in injuries under certain circumstances. Common types of airbag-related injuries include:
Facial and Eye Injuries
The proximity of airbags to the driver’s and passengers’ faces makes facial injuries quite common. The force of the airbag can cause abrasions, bruises, or even fractures to the face and jaw. Eye injuries are also frequent, including corneal abrasions, detached retinas, and temporary or permanent vision impairment.
Neck and Chest Injuries
Airbags deploy at speeds of up to 200 miles per hour, which can cause significant impact to the chest and neck areas. Common injuries include broken ribs, damage to internal organs, and whiplash. In some cases, individuals have suffered heart trauma or internal bleeding from the airbag’s deployment.
Burns
The rapid deployment of airbags is powered by a chemical reaction, which can cause burns to the skin. The fabric of the airbag itself can also cause friction burns, especially on the hands, arms, and face.
Hearing Loss
The sound of an airbag deploying can be as loud as a shotgun blast. This sudden and extremely loud noise can cause temporary or permanent hearing loss, especially if the person’s head is close to the point of deployment.
Bone Fractures
The explosive force of the airbag can sometimes cause fractures, especially in smaller or more fragile individuals. Broken bones, particularly in the arms, wrists, and facial structure, are not uncommon in airbag injury cases.
Fatalities
In the most tragic cases, airbags have been linked to fatalities. This has been seen especially with defective airbags, such as those from the Takata recall, which were prone to rupture and send metal shrapnel into the car’s occupants.
Common Causes of Airbag Injuries
Several factors contribute to airbag injuries. Understanding these causes can help determine if an airbag injury case has merit. Some common reasons airbags may cause injuries include:
Defective Airbags
A defective airbag is a safety device that fails to deploy correctly or malfunctions during a crash, potentially causing harm instead of protecting passengers. Defective airbags have been a major issue in recent years, particularly with the widespread Takata airbag recall. These airbags were prone to malfunction, either deploying with excessive force or failing to deploy at all. In some cases, the airbag’s inflator would rupture, sending metal shards flying into the vehicle, causing catastrophic injuries.
Improper Installation
If an airbag is improperly installed, either during manufacturing or as part of repairs after a crash, it may not function correctly. Improper installation could cause the airbag to deploy too early, too late, or with incorrect force, leading to injuries.
Sensor Malfunction
Airbags rely on sensors that detect when a crash has occurred. If these sensors fail or malfunction, the airbag may not deploy when it should, or it may deploy unnecessarily, such as in minor accidents where deployment isn’t needed.
Design Flaws
Some airbags may have inherent design flaws that make them dangerous. For example, airbags designed to deploy with too much force or located in a way that can cause injuries are considered flawed in their design.
Failure to Deploy
While airbags are meant to deploy in certain types of crashes, there are times when they fail to activate, leaving occupants vulnerable to injury. When an airbag fails to deploy during a crash, it can be a sign of a defect or a malfunction, potentially leading to an airbag injury lawsuit.
Liability in Airbag Injury Cases
When an airbag causes injury, determining who is liable can be complex. Several parties could potentially bear responsibility for an airbag injury, including:
Vehicle Manufacturer
In many cases, the car manufacturer may be liable for injuries caused by defective airbags. This is especially true if the airbag was defective due to poor design, inadequate testing, or manufacturing errors.
Airbag Manufacturer
Sometimes the airbag manufacturer, rather than the car manufacturer, is responsible for a defective product. If the airbag is faulty due to poor manufacturing or design, the airbag maker may be held liable.
Repair Shop
If the airbag was improperly installed or serviced by a mechanic or body shop, they may be held responsible for the injuries caused. Incorrect installation of an airbag can prevent it from deploying correctly or cause it to deploy inappropriately.
Supplier of Airbag Components
Airbags are made up of various components, including sensors, inflators, and fabric cushions. If any of these parts are defective, the supplier of the defective component may share liability.
Filing an Airbag Injury Claim
If you or a loved one has been injured by an airbag, filing a personal injury claim may be your best path to compensation. Here’s how the process typically works:
Seek Medical Attention
The first step in any personal injury case is to seek medical attention. Even if your injuries seem minor, it’s important to document them and receive professional treatment. Medical records will be crucial evidence in your claim.
Document the Accident
Take photos of the scene, your injuries, and any damage to your vehicle. It’s also helpful to gather eyewitness statements and obtain a police report, as these can provide critical support for your claim.
Consult with an Attorney
Airbag injury cases can be complicated, especially when determining liability. An experienced personal injury attorney can help navigate the complexities of the legal process and ensure you have the strongest case possible. They can also negotiate with insurance companies on your behalf.
Prove Negligence or Defect
To win an airbag injury case, you must prove that the airbag was defective or that the party responsible was negligent. This typically requires expert testimony, evidence from the crash scene, and a detailed investigation into the cause of the airbag failure.
Seek Compensation
Once liability is established, you can seek compensation for your injuries. Compensation in airbag injury cases may include medical expenses, lost wages, pain and suffering, and other damages related to your injuries.
Compensation in Airbag Injury Cases
Victims of airbag injuries may be entitled to various types of compensation, including:
Wrongful Death: In the case of a fatality, family members may be able to file a wrongful death lawsuit to recover damages.
Medical Costs: covering expenses for hospital stays, surgeries, medications, and rehabilitation.
Lost Wages: Compensation for time missed at work due to injuries.
Pain and Suffering: Non-economic damages for the physical and emotional distress caused by the injury.
Future medical expenses: Ongoing costs related to long-term recovery or disability.
Conclusion
Airbags save lives, but when they malfunction or are poorly designed, they can cause significant harm. If you’ve been injured by an airbag, understanding your legal options is essential. By filing a claim, you may be able to recover compensation for your injuries and hold the responsible parties accountable.
If you think you have an airbag injury case, it’s important to speak with a qualified attorney who can guide you through the process and ensure your rights are protected. Your path to recovery, both physically and financially, may depend on the steps you take following the incident.
