Things To Know About Airbag Injury Claims

Law Blog

If the airbag in your vehicle failed to deploy causing injuries in a crash, you could be entitled to compensation. Airbags are supposed to deploy upon impact to save lives, but they occasionally malfunction causing injury. Here is information to help you file an airbag injury claim. 

Types of Airbags and How They Work

The steering wheel or the dashboard panel usually houses the airbags. Vehicles have two types of airbags: side and curtain (front). Side airbags are made to prevent injuries resulting from side impact such as a vehicle turning into an intersection or veering off the road. Curtain airbags are designed to front passenger prevent head injury by deploying a cushion between the person's head and window.

A sensor controls the airbags, and upon sensing a head-on or near head- on crash, it sends a signal to the igniter to fill the balloons with harmful gases such as argon or nitrogen. The inflator releases the airbags at 1/20th of a second. Side airbags deploy even faster because the amount of space between the object and occupant is less.

Airbag Injury

Some common air bag injuries include:

  • abrasions or burns from the speed of airbag deployment
  • broken bones
  • eye damage
  • ear damage
  • hearing loss
  • concussions,
  • traumatic brain injury
  • eye or skin irritation from gases
  • aggravation of respiratory conditions such as asthma from gases

 A fatality or injury could occur even when the bag is properly released if occupants sit too close to it. The main contributor to airbag failure is the sensor, which fails to deploy the airbag, only releases one airbag, or deploys the airbag at the wrong time.

Making a Claim

  • Seek medical attention. Medical records are essential for proving a claim. See your health car provider as soon as possible after a vehicle accident. 
  • Determine what to sue for and who to sue. Three parties could be responsible: the vehicle manufacturer, airbag manufacturer, or inspector. You have to prove one of the parties was negligent. An accident with an airbag isn't always the result of negligence.
  • Gather black box data. Newer vehicles use a black box to collect data about performance for vehicle manufacturers. Black box data will reveal how fast you traveled at the time of the accident, if you applied breaks, and wore seat belts.
  • Preserve evidence. Do not junk the vehicle, discard the airbag and its parts, or wipe the computer. Try to hold onto the vehicle, and avoid transferring it to the insurance company. 

Vehicle makers do not intend on causing harm, but they need to be held liable for damages. If you think you have a defective airbag case, hire an accident attorney.

Share

14 December 2015

Business Law Basics: What Small Business Owners Need to Know

When I started my first small business, I had no idea how much I really didn’t know. I was fully prepared to deal with customers, sell product and even handle complaints and returns. What I wasn’t aware of was that there is so much more to it. I was lacking the legal expertise to protect the company and myself. I wanted others to benefit from my experience, mistakes and lessons learned, so I started this blog. From employment law to the legal business contracts you’ll have to sign when you form partnerships, business law is complex. I hope that the information here will help you to be better prepared when you start your business so that you’ll know when you need to call an attorney and when you can handle things yourself.