Blog Post
Who Is Liable When Your Airbags Don't Deploy?
Admin • May 28, 2020
Airbags are among the most critical safety features in a vehicle because they can reduce the extent of injuries in an accident. If an auto crash occurs, the airbag control unit (ACU) triggers the airbag to expand and protect the driver from directly hitting the hard parts of the car. Hence, if your airbag doesn't deploy, you are more likely to sustain severe injuries.
Many drivers have reported that their airbags failed after a car collision, which put their life in danger. For this reason, most motorists have this burning question: Who is liable when your airbags don't deploy? This article will provide detailed answers.
Should You Report the Accident to the NHTSA?
Before you can hold someone accountable, you’ll need to determine if you have sufficient evidence to show that you were injured due to airbag failure. You should first report to the National Highway Traffic Safety Administration (NHTSA) offices near you. The NHTSA will carry out an investigation to determine why the airbag failed to deploy.
The NHTSA assesses the nature of the accident (your speed, impact location, and how the crash occurred), the design of the airbag system, and possible reasons that led to failure.
The investigations will determine whether your conditions were eligible for airbag deployment or not. For example, airbags shouldn't inflate during minor accidents, and unfortunately, you are not eligible to file a claim in such a situation. However, if the NHTSA determines that the bag was supposed to deploy, you could file a claim for compensation.
Who Are the Potentially Liable Parties?
If the initial investigation shows you have a case, you can commence your search for the responsible party or parties. Here are the potentially liable parties.
The Manufacturers
Companies should not manufacture defective products that put users' lives at risk. The car manufacturers should be keen on how their safety features work. Therefore, you can hold the car manufacture liable if they produced your vehicle with a defective airbag system.
If the vehicle's sensors were defective and couldn't signal the ACU, then the car manufacturer should compensate you for the pain and injury. Also, the carmaker may be liable if the sensors failed to detect the collision due to improper installation or poor calibration.
The Designers
The design of your car's airbag system can also be the reason why it didn't deploy. In most instances, car manufacturers always outsource services from designers. The designers put together the airbag, which means that they ensure that the airbag works as expected.
If the airbag failed due to design issues, then the designers are liable. However, the manufacturer might be partly responsible since they should have taken measures to ensure products sold under their brand name are safe.
The Marketing Companies
Any product in the market must have instructions and precautions on the label, and this is true for airbags as well. Your airbag should include instructions and maintenance tips on its package. This applies to people who bought a new airbag after a previous one deployed. If no user manual or specific instructions were included, you could file a lawsuit against the marketer.
Where Can You Seek Help?
If you were involved in an accident and the airbag didn't deploy when it was supposed to, you should file a claim. Our attorneys at Borbi, Clancy & Patrizi can provide reliable legal advice and representation to help you get compensation. Our lawyers can also help you put together all the information and documentation you need to prove that the particular entity was negligent. Contact our team
today to get help from our esteemed lawyers.