Where Can You Start?
- How can you find out who’s liable for your injuries?
- What happens if the liable party is a major corporation?
- Is there a way to prove if the airbag was defective?
- Can you join a current class action lawsuit?
- Should you speak to a lawyer experienced with defective airbag lawsuits?
What Should I Do If a Defective Airbag Has Injured Me?
Make sure you follow these steps to ensure you receive full compensation if you’ve sustained an injury during an accident as a result of a faulty airbag.
1. Protect Any Evidence
If your car is fixed before a lawyer inspects the airbag, you could lose vital evidence that would lead to a successful case. Find out where your car is after the accident and ask the mechanic to hold off on any repairs until a lawyer can inspect the vehicle.
2. Take Detailed Notes on the Accident
Take as many pictures and video of your car and the scene of the accident as possible, especially the airbag. Keep this information on hand. When working with a law firm, they will most likely use a qualified survey team. The survey team has specific training in how to record all the details about your crash to help paint a picture of what happened on the inside and outside of your car. The information they collect is vital to your case.
3. Record All Injuries
Distinguishing between the damage from the accident itself and the airbag specifically can be challenging. This is why it is essential to record all the injuries you sustained during the crash. Proof that a defective airbag caused your injuries will help argue your case and the full extent of your damages.
4. Know the Statute of Limitations
You have a limited amount of time after your accident to file a lawsuit against the automaker, airbag manufacturer, or liable company; this is known as the statute of limitations. The statutes vary depending on the state with some providing only a year for filing suit.
5. Contact a Qualified Attorney
Trying to figure out how to proceed when you have been the victim of a defective airbag can be an overwhelming experience. Finding a quality law firm with experience handling defective airbag cases will help make the process easier. They can file your claim, negotiate a settlement, and even represent you in a court case should it come to that.
What Airbag Defects Can Result in Injury?
These are the most common airbag defects that may cause injury. If you’ve experienced any of injuries as a result of one of these defects, you could have a claim.
There are two issues with delayed deployment of an airbag. The first is that the driver sustains injuries during an accident that the airbag should have prevented. The second is that when the airbag does go off, it can cause further harm as well. The reason an airbag deploys late is often due to a faulty sensor.
Failure to Deploy
Many injuries can be prevented when a faulty sensor causes the airbag not to deploy at all. This can be a result of either a faulty crash sensor for the airbag or a problem in the airbag itself.
Sometimes airbags can deploy unexpectedly. When this happens, it can cause broken bones, head trauma, car crashes, and many other serious injuries. Several major auto manufacturers have recalled vehicles due to unexpected airbag deployment. Fault sensors tend to be the cause for unexpected deployment in some cases.
Defective Takata Airbags
As a result of the Takata airbag recall, thousands of Takata airbags across more than a dozen automakers must be replaced. The reason for the fault comes from the chemicals used in the airbag’s propellant. Ammonium nitrate, when used without a drying agent, causes the propellant to degrade over time. This tends to happen more often in hot, humid climates. What’s worse is that during deployment, the inflators of these airbags have been known to explode, sending metal shrapnel into passengers along with the driver.
How Can I Tell If My Airbag Is Defective?
The product manufacturer may be liable for any injuries sustained by an airbag thanks to the strict liability doctrine. If you believe that your car may have a defective airbag, then it is best to speak with a qualified lawyer as soon as possible so they can analyze your case. If you have a viable case, then they will work with you to make sure receive the most compensation for your injuries and other damages.
Can I Have My Case Evaluated?
Lemberg Law has a proven track record with defective airbag cases along with other areas of consumer law. Our nationwide practice stands ready with a team of lawyers who will stand by your side and defend your case against any company, no matter what the size.
If you believe that either you or someone you care about may have a defective airbag case, please get in touch with the Lemberg Law legal team. Complete our form for a FREE case evaluation, or call 475-277-2200 NOW. You may be entitled to compensation for damages from injuries and loss wages as a result of a defective airbag.