My Airbags Did Not Deploy During the Accident
One of the most stressful experiences occurs when your airbags do not deploy during an accident. A reasonable person has an expectation that an airbag would deploy in an accident to prevent any severe injuries. Airbags are usually deployed when there is an abrupt collision with another moving object. Airbags are meant to protect you from slamming into the front steering wheel, or getting pushed left or right toward the door.
When an airbag does not deploy, it could cause very severe injuries, especially internal injuries such as traumatic brain injuries. If your airbag does not deploy during an accident, you may still have the right to file a lawsuit against the airbag manufacturer. You could also file a lawsuit against the party who caused the accident in the first place. Below is a page created by our top-rated car accident attorneys that discuss the next steps you could take if your airbag fails to deploy after an accident.
How does an airbag deploy?
An airbag has electronic controls that have signals to deploy the airbag in the case of an accident. When an airbag deploys, a harmless gas is released in the air, this occurs so quickly to prevent any accidents. However, it is advised that children 13 and under sit in a car seat to prevent any major injuries caused by an airbag deployment. If you are positioned in a way that is directly in front of the airbag when it deploys, you could sustain severe injuries.
Why does an airbag not deploy during an accident?
Airbags are meant to deploy in an accident or crash, including Metro accidents, bicycle accidents, motorcycle accidents, and train accidents. When there’s any type of collision that occurs to your vehicle, the airbag sensor will go off and the airbag will deploy. But, there are some circumstances where the airbag may not necessarily go off. Examples include:
- The accident was not severe or abrupt enough. In order for the airbag sensor to go off, there needs to be a severe collision. If the collision was not severe, then the airbag may not deploy. Many car manufacturers have created a high standard for an airbag to deploy, especially because a seat belt also will prevent the driver from moving forward during an accident.
- The airbag was not replaced after it was initially deployed. When an airbag is deployed, then it will need to be replaced. Airbags are only used once. When you purchase a used vehicle, make sure that the airbags have been replaced, or have not been deployed in the past.
- Manufacturing defects: manufacturing defects in the airbag could cause the airbag to not go off in the first place. For example, if the airbag sensor was defective, then the airbag will most likely not deploy. In this case, you then have a claim against the airbag manufacturer for any injuries.
- Defective vehicle electrical wires: in order for the air black to be hooked up to the vehicle, there are several different types of electrical wires that must be run from the airbag to the vehicle.
- The sensor for the airbag deployment is very high: in several vehicles, especially newer vehicles, there is a very high standard of abrupt collision that must be met in order for the airbag to deploy. When this collision is not severe, then the airbags will not deploy.
- The vehicle collided with a small animal: in circumstances where there is an accident with another animal, such as a deer or a dog, the airbag will most likely not deploy since it is not a severe collision.
- The vehicle collided with a street sign: collision with a street sign or a street curb may not be enough to trigger an airbag deployment.
- The vehicle drove over a pothole: an airbag only goes off when the car itself has direct contact with another large object. When a vehicle drives over a pothole, then the tires will have direct contact rather than the actual body of the vehicle itself. The most common type of accident where the airbag does not deploy includes rear-end collisions. When a rear-end collision occurs, there may not be a lot of surface level of vehicle damage that is enough to deploy the airbag.
- The vehicle was not traveling at fast speeds: in order for the vehicle’s airbag to go off, the vehicle must be traveling at fast speeds. If the car was traveling at a low speed, such as 15 mph, there’s a high likelihood that the airbags will not deploy.
What if I was not wearing my seatbelt at the time of the accident?
If your airbags failed to deploy during an accident, and you were not wearing your seatbelt, you could still file a lawsuit against the at fault party. California has several comparative fault statutes that still allow you to collect compensation even if you were not wearing your seatbelt. The way to calculate this is by reducing your compensation by the percentage of liability. For example, if you were only liable for your accident 20%, Then your compensation will be reduced by 20%. This means that you will be able to recover 80% of the compensation you need from the at-fault party.
What are the different types of airbag defects?
Airbag defects fall under a specific type of lawsuit called product liability. Product liability cases have three different ways that account for airbag defects. These three different defects include:
- Design defects: this occurs when the airbag was designed with a defect from first glance. Usually, design defects in an airbag are not noticed until the airbag has been created and executed in the vehicle.
- Manufacturing defects: this occurs when the airbag was made improperly during the time of manufacturing. Usually, manufacturing defects occur in only a small percentage of airbags that have been generated. This means that the design is safe, but while the airbag was being created, something was off and created a defect.
- Marketing defects: marketing defects occur when the airbag manufacturer promises that the airbag was supposed to go off, but didn’t. This can hold marketing agencies, or even car manufacturers responsible for what they have advertised.
If your airbags didn’t deploy during an accident, contact our car accident attorneys today. Having an experienced and knowledgeable car accident attorney on your side will help ease the process when determining what exactly caused the car accident. There could be several different causes for a car accident, but it is the responsibility of an attorney to determine and investigate how the accident was caused and which party caused it. Our car accident attorneys will begin investigating your accident the minute that we take on your case. We have access to several different types of legal experts that will be able to assist us when putting all the pieces together of your accident. Call us today to schedule your free consultation. Safety and car accident prevention are one of our top priorities. We always want to make sure that our clients get the legal assistance they deserve.
Whether you are holding the airbag manufacturer responsible for the accident or the other vehicle driver, we are available 24/7 to take on your claim.