When you drive a car equipped with airbags, you expect them to protect you in the event of a collision. When airbags fail to deploy, the injuries in a car crash can be even more serious. The injury victim may rightfully turn to the legal system to seek compensation for the failure.
The first question many people ask is, “Who is at fault?” and the next question is, “How much is the average settlement for the airbags not deploying in a car accident?” The truth is that the answers to both questions will vary from case to case.
Even when you aren’t sure if your airbags should have gone off, a Zanes Law car accident attorney may help you to locate the information you need to pursue a claim. Let’s examine the factors determining the settlement amount you could receive in this circumstance.
How do Airbags Work?
Although airbags are typically associated with dramatic collisions, they can also deploy in milder impacts. Compared to front airbags, side airbags deploy far more quickly because your head is closer to the side of the automobile.
Although front airbags inflate more slowly, they are your main line of defense. If you are sitting too close to the wheel, you risk injury. This is why kids under 13 need to travel in the backseat.
When an electronic signal is transmitted to the airbag system, airbags deploy. A non-hazardous gas immediately fills the airbag and begins to inflate. Sometimes manufacturing defects exist, including faulty electrical systems, modules, and sensors. This can stop an airbag from inflating during a collision.
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Who Is Responsible for Airbags Not Deploying?
If there is a manufacturing defect, you could have a case against the manufacturer of the airbag, the vehicle manufacturer, the makers of the components of the airbag, or other liable parties. In some cases, exploding airbags lead to injury or fatality.
Airbags can be dangerous if not properly made, and the propellant gasses within them can explode, causing severe injuries. Many previous claims have been made against airbag manufacturers for airbag malfunction and fatal airbag failures.
A product liability lawsuit can be filed against the manufacturer with help from an attorney.
What Kind of Compensation Might Be Awarded in an Airbag Failure Claim?
Because every situation is different, it can be difficult to estimate how much compensation victims of faulty airbags would be eligible to receive. The total amount of the settlement may vary depending on a variety of aspects.
The seriousness of the damage, the expenses incurred for medical treatment, and the severity of your injuries will all be considered.
If you or a member of your family sustained serious injuries as a result of an airbag failing to deploy, you may be entitled to compensation through a settlement or jury award. Damages included in your case could be:
- Expenses related to the accident or your injuries
- Reduced quality of life
- Lost income and benefits
- Medical bills
- Scarring or disfigurement
- The worsening of preexisting medical conditions
- Loss of employment or employment opportunities
- Temporary or permanent disability
- Pain and suffering
Wrongful Death Claims After an Accident Involving Airbags that Failed to Deploy
You may be eligible for a settlement for defective auto airbags if the death of a loved one was caused by the deployment of an airbag in a vehicle. The following are some examples of possible damages:
- Loss of companionship
- Medical expenses
- Funeral and burial expenses
- Loss of benefits such as health insurance
- Loss of income from the deceased
The sudden and unexpected death of a loved one brought on by an accident is a traumatic experience. There is no doubt that monetary compensation can never truly make up for the loss you have suffered.
However, a wrongful death attorney may be able to assist you in obtaining the compensation you require to attend to your financial obligations and go on with your life after the passing of a loved one.
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How do You Prove Liability When the Airbags don’t Go Off?
To successfully sue a manufacturer for producing airbags that did not deploy as intended, you will need to provide evidence of the following points:
- The airbags in your vehicle were unable to deploy when they were supposed to due to the accident.
- Because of a manufacturing flaw, the airbags did not deploy when they were supposed to.
- Your injuries can be attributed to the fact that the airbags did not deploy.
- Because of your injuries, you incurred damages
Your attorney can help you assess each of these issues, compile the necessary proof, and present a compelling case.
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How Much Insurance Is Available?
In almost any type of car accident, more than one person may be responsible for what happened, and each of them may have different levels of insurance coverage to pay for your injuries.
Every state requires that people carry a certain amount of liability insurance in the event of a crash. However, if there are serious injuries, the coverage available may not be enough to pay for the costs.
There is also a chance that the manufacturer’s insurance policy will cover even more if you can prove that the airbag manufacturer is to blame for your airbag not going off. If you suspect your car’s airbag was defective, filing a claim against the vehicle or airbag manufacturer could result in a higher settlement for your injuries.
Learn More About Seeking a Settlement for the Airbags Not Deploying After a Crash
Being hurt in a major auto accident and dealing with the aftermath can have long-lasting effects on you and your family. When a product that was supposed to protect you failed to function correctly, the manufacturer can be held responsible.
Zanes Law may be able to help you if you were hurt in a collision, but your airbags did not deploy. A product liability lawyer can help you through the insurance claims process and create the best plan of action to help you get the settlement you are due.