What To Know About Airbag Injury Claims and When To Consult a Lawyer

Airbags are designed to protect you, but when they malfunction, they can cause serious harm. Airbag deployment injuries can cause burns, fractures, and head trauma. If you've been injured by an airbag, understanding your legal options is an important step toward recovery and compensation.

Injured drivers and passengers may be able to sue an automaker if their car's airbags ruptured, failed to deploy, or deployed incorrectly during an accident, causing injuries as a result. Whether your injury stems from a defect in the airbag itself or a failure of the safety system, you may have grounds for a legal claim. This guide will help you understand how airbag injury claims work and when it makes sense to consult an attorney.

Types of Airbag Malfunctions

Airbag malfunctions can take several forms, and each has different legal implications. Understanding what went wrong with your airbag is the first step in evaluating your claim.

Manufacturing defects, such as improper inflation or faulty sensors, can lead to malfunctioning airbags. One of the largest product recalls in automotive history involved defective airbags manufactured by Takata Corporation. Those airbags could explode upon deployment, sending metal shrapnel into drivers and passengers.

Legal Grounds for an Airbag Injury Claim

When you pursue an airbag injury claim, you are generally filing a product liability lawsuit. This type of case focuses on proving that a defect in the airbag or its components caused your injury. Understanding the legal theories behind these claims can help you determine whether you have a strong case.

Design and Manufacturing Defects

If the airbag was poorly designed in a way that made it more likely to cause injury, you may have a claim for a design defect. For example, an airbag that deploys too forcefully or is positioned incorrectly could lead to severe injuries. In contrast, a manufacturing defect occurs when an individual airbag was produced incorrectly, even though the design itself is sound.

Failure to Warn

Inadequate warnings or instructions about a vehicle's risks, such as not informing consumers about known safety issues, can form the basis of a claim. If a manufacturer knew of a hazardous airbag defect but failed to notify consumers or issue timely recalls, this may strengthen your legal position.

Who Can Be Held Liable

Liability may lie with the vehicle manufacturer, airbag component maker, repair shop, or the driver whose negligence caused the crash and deployment. In many cases, multiple parties share responsibility. Your attorney will investigate the specific circumstances of your accident and injury to determine all potentially liable parties.

It's important to note that if you've been injured by an airbag in an accident that was your fault, you may still be eligible for compensation. The fact that you caused the collision does not necessarily bar you from pursuing a defective airbag claim.

Types of Compensation You May Recover

Victims can seek money for medical bills, lost income, and pain and suffering, often through product liability claims or mass tort litigation. A successful claim can cover a wide range of damages related to your injury.

• 💰 Medical expenses and ongoing treatment costs
• 💰 Lost wages and reduced earning capacity
• 💰 Pain and suffering from your injury
• 💰 Disfigurement or permanent disability
• 💰 Emotional distress and reduced quality of life
• 💰 In wrongful death cases, damages to surviving family members

The amount of compensation depends heavily on the severity of your injury. Settlement ranges vary from minor injuries (burns, bruising) at lower amounts, to moderate injuries (fractures, lacerations) in the middle range, to severe injuries (disfigurement, permanent injury) and wrongful death at the highest levels.

Steps to Take After an Airbag Injury

Immediate actions following an airbag-related injury can significantly affect the strength of your claim. After an airbag-related injury, immediately seek medical attention, preserve the airbag and vehicle, and document your injuries and incident details.

Preserve Evidence

If the airbag deployed too forcefully or failed to deploy, it's important to preserve this evidence. This could include retaining the airbag itself or the airbag module, which may need to be examined by an expert in automotive safety. Do not allow a mechanic to discard or destroy the airbag without first consulting an attorney.

Document Everything

Collect photographs of the accident scene, the airbag, and your injuries. Obtain a copy of the police accident report and preserve contact information for any witnesses. The doctor's report will be important for detailing your injuries and supporting your compensation request. The police report is important evidence in all car accident cases.

When To Consult a Lawyer

If you think you may have been hurt by a defective airbag, you'll almost certainly benefit from at least consulting with an attorney. A good attorney who specializes in personal injury and product liability cases should be able to assist you in several ways.

You should consider consulting a lawyer if:

• 📋 You suffered significant injuries from an airbag malfunction
• 📋 An airbag failed to deploy when you needed protection during a crash
• 📋 You believe the airbag was recalled or known to be defective
• 📋 Your injuries require ongoing medical treatment
• 📋 You face substantial medical bills or lost income
• 📋 You are unsure about your legal rights or the strength of your claim

What an Attorney Can Do for You

An attorney can investigate the cause of your airbag injury, including working with experts to determine whether the airbag was defective or improperly deployed. This may involve reviewing crash data, accident reports, and the vehicle's airbag system.

An attorney can evaluate the strength of your case and help you decide if it makes sense to pursue litigation, accept a settlement, or simply move on without seeking compensation. If you do decide to pursue a lawsuit, an attorney can take responsibility for the complex and time-consuming tasks of gathering evidence that the airbag malfunctioned, calculating your damages, and negotiating a fair settlement with a car company or airbag manufacturer.

Understanding Time Limits for Your Claim

Laws called "statutes of limitations" set time limits on your right to file a lawsuit over an airbag injury. Each state has its own rules, so if you think you've been injured by a defective airbag it's important to know the law in the state. Waiting too long to file can result in losing your right to pursue compensation entirely.

The best advice is to approach a defective airbag lawyer as soon as possible following your accident. Waiting too long could mean you miss your opportunity to file a claim and win compensation for your injuries. Many states allow between two and three years from the date of injury to file a personal injury lawsuit, but this varies significantly by location.

Proving that someone is legally responsible for your airbag injury involves complex investigation and expert testimony. Proving that someone is legally responsible for an airbag malfunction, and for your resulting injuries, will probably be a complicated and time-consuming process. If you're considering a lawsuit—or just want to make sure you have as much support as possible as you negotiate for compensation—you should seriously consider working with an attorney who specializes in product liability claims.

An airbag injury claim is not a simple process, but you do not have to navigate it alone. While it's not strictly required to hire a lawyer for an airbag injury claim, having an experienced attorney can significantly improve your chances of securing the compensation you deserve. By understanding your rights, preserving evidence, and reaching out to a qualified attorney promptly, you can take meaningful steps toward recovery and accountability.