Can You Sue for Airbag Injuries?
Although airbags were engineered for the purpose of preventing serious injury and saving lives during car crashes, airbag injuries can occur — especially if the devices are manufactured or deployed incorrectly.
How do you know if you should thank your lucky stars you’re alive or call the best Houston truck accident lawyer you can find? If you were harmed because the airbag deployed unnecessarily or did not function properly in the event of an accident, you may be owed compensation for your injuries.
Can airbags harm you? How do you know if an airbag is defective? Who is liable for airbag injuries in Texas? The trusted personal injury attorneys at Grimes & Fertitta are here to walk you through everything you need to know about suing for airbag injuries and car accidents.
When can you sue for airbag injuries?
Because airbag injury claims are essentially defective product claims, in order to prove that you have a viable case, you’ll need to prove that the airbag did not function properly. Whether the production or the installation went wrong, the goal will be to prove to the court that the airbag injured you, instead of protecting you, due to the defendant’s negligence.
How do you know if an airbag is defective?
Signs of a defective airbag include airbags that deploy unexpectedly, fail to deploy in a crash, or deploy with excessive force. Unless your airbag deploys for no reason, it can be difficult to know whether the airbag malfunctioned or if your injuries were caused by the accident. In fact, this is exactly what the car manufacturers will argue during the trial — that the injuries would have been far worse without the airbags, no matter how badly you were hurt.
How does it feel to get hit by an airbag? Well, it doesn’t feel good, but they exist to keep you from hitting much harder surfaces and keep you from sustaining a terrible brain or spine injury.
Injuries like burns or respiratory issues due to chemicals released by the airbag can make it more obvious that the airbag itself caused your injuries, but even these will be litigated adamantly by the car manufacturer’s lawyers.
This is where your lawyer comes in. They can call in expert witnesses, discuss industry standards, and call upon a great deal of convincing data related to normal accident injuries vs. those caused by airbags.
Proving fault in airbag injury cases
How is fault proved in an airbag personal injury case? In order to successfully sue for an airbag injury you’ll need to prove a few things in court.
- Product defectiveness such as poor design, manufacture, installation of the product, or expert testimony about the level of injury from the product being much higher than standard.
- Injury or loss due to product defectiveness. As stated above, outside of accidental deployment or failure to deploy, it can be tough to prove that the airbag itself caused your injuries. Airbag injuries to your face and airbag injuries to your eyes are commonly used as evidence that the airbag or the chemicals released by it caused the injuries.
- Proper use of the product. Whoever is found to be liable for the faulty airbag will likely try to argue improper use of the product contributed to your injuries. Your attorney must be able to prove that you were operating the vehicle reasonably and responsibly for most airbag injury cases to be successful.
Despite the complexities of airbag personal injury cases, if you feel you’ve been wrongly injured by an airbag, it’s always worth pursuing a personal injury claim. Regardless of whether you’re filing a truck accident lawsuit, suing a drunk driver, or an airbag manufacturer, the one thing that you can do to advocate for yourself is to hire the right personal injury lawyer.
Who is at fault for airbag injuries?
Proving that the airbag was faulty can be a tall task, as can proving that the airbag itself caused your injuries, but if those things can be established, it is a lot easier to determine who is at fault for your injuries.
So, who is at fault for a defective airbag? It could be the vehicle manufacturer, the airbag manufacturer, a mechanic, or the person who was responsible for inspecting the airbags. You likely won’t know without the help of a personal injury attorney who can gather evidence and offer expert advice for you.
In late 2022, for example, many Takata airbags were found to be faultily manufactured. Takata is a huge company that produces airbags for popular car brands like Ford, GM, Dodge, Honda, and more. If you or a loved one has been injured by a Takata airbag, you should contact a personal injury lawyer while your claim is still valid.
What injuries do airbags cause?
Truck accident injuries often appear very similar to airbag injuries, and there is significant overlap between the two — especially side airbag injuries, which often cause broken limbs and upper body lacerations. The most common injuries caused by airbags include:
- Facial injuries
- Upper body lacerations
- Respiratory problems because of chemicals released
- Brain and spine injuries
- Internal bleeding
The entire purpose of airbags is to prevent serious injuries, but if not manufactured and deployed correctly, they can cause serious injuries themselves. If you or a loved one has been in a car wreck in which the airbag failed to deploy, or in a situation in which the airbag deployed without cause, your case may be more cut and dry.
The airbag injury lawyers at Grimes & Fertitta are here to make your voice heard
Can you sue for airbag injuries? Yes, but faulty airbag claims can be especially complex and require experienced and aggressive representation. Because faulty airbag claims can involve severe injuries and even wrongful death, you should make sure that you hire a brain and spine injury lawyer with experience winning high-stakes cases.
If you or a loved one has been involved in an accident or have been injured by an airbag, call Grimes & Fertitta today at (713) 224-7644 or contact us online for a free consultation.
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