You expect your airbags to keep you and your passengers safe in the event of a crash. When a product defect causes them to fail, serious, life-threatening injuries can result.
If your airbags failed to deploy in a car accident and you suffered injuries, there are multiple ways to recover damages. These damages can pay for your accident-related medical costs, property damage, lost wages, and reduced earning capacity, as well as for your pain and suffering and emotional trauma.
At the Law Firm of Anidjar & Levine, we can help you take legal action against the parties responsible for your injuries—whether that is another motorist or a car part manufacturer. Contact us today at 800-747-3733 to schedule a free case evaluation with one of our skilled attorneys.
My Airbags Failed to Deploy. What Are My Options?
If you suffered serious injuries when your vehicle’s airbags failed to deploy, our attorneys can help you recover compensation. We have two ways of doing this: by filing an insurance claim against the at-fault party’s insurer or by filing a personal injury lawsuit in court.
When we file an insurance claim, we will negotiate directly with the insurance company to get you a fair settlement offer. If the insurer refused to pay what you deserve, we can file suit against the at-fault party in court.
Before we take legal action, however, we must evaluate the facts of your claim and determine who was responsible for your accident-related damages.
Who Is Responsible for My Injuries?
If your airbags failed to deploy because of some kind of product defect, we can hold several parties responsible for your losses under product liability rules. Under these laws, manufacturers are financially responsible for any harm their products cause to consumers. Depending on the details of your case, the potentially liable parties could include:
- The manufacturer, if an error during the manufacturing process created defective airbags;
- The product designers, if an inherent flaw in the airbag caused it to fail;
- Product installers or testers, if they failed to properly install or test the airbags in your vehicle;
- The product’s distributor, if careless transport or storage practices damaged the airbags and caused them to fail; and
- The auto manufacturer, if other defective vehicle components affected your airbags.
Our attorneys can examine the details of your case to determine who was responsible for your faulty airbags. Then we will begin collecting evidence to support your claim.
What Evidence Is Necessary to Prove My Claim?
Once we have named the at-fault parties, we will need to build a case against them based on strict liability. In order to successfully prove your case, our attorneys—with the help of skilled experts—will establish the following key points.
The Airbags Were Defective.
First, we need to show that there was a defect that prevented your airbags from deploying. Experts can testify regarding these defects, which may include faulty airbag sensors or faulty electrical components.
The Airbags Should Have Deployed.
Airbags are not supposed to deploy in every accident. Even a working airbag will only deploy during certain types of accidents—such as during head-on collisions—where the vehicle is traveling above a certain speed. We will prove with expert testimony and details about your crash that your airbags should have deployed during an accident like yours.
You Did Not Alter the Airbags.
We will prove you did not change or alter your airbags in any way and that they were still within their useful product life.
The Malfunctioning Airbags Caused You Harm.
We will present your medical records to prove that the airbag malfunction was the reason for your injuries—or that the malfunction amplified your injuries. We will also ask medical experts to testify as to how the airbag failure caused your injuries.
If we can prove that the airbags in your vehicle failed to deploy and that the failure caused or worsened your injuries, you will likely qualify for both economic and non-economic damages.
What Else Can I Do to Recover Damages?
Generally, all car accident victims in Florida may be able to recover up to $10,000 in personal injury protection (PIP) benefits for medical expenses and lost wages from their insurance company. If your injuries are serious, we can help you seek additional damages from another driver if their negligence caused your crash.
How Can I Talk to a Lawyer About My Case?
When airbags fail to deploy, the driver and passengers can collide with the steering wheel, window, or dashboard, causing devastating injuries. If delayed deployment occurs, that can cause even more injuries.
The Law Firm of Anidjar & Levine is here to help. Our attorneys can build a strong case to recover the compensation you need to pay for your injury-related damages. If your airbags failed to deploy in your accident, call 800-747-3733 today to set up a free consultation.