Can I Sue my Vehicle Manufacturer Over Faulty Airbags?
Airbags are intended to protect the occupants of a car when they are in an accident. They act as cushions to protect passengers from hurting themselves on the hard interior of the car, and can be the difference between fatal and non-fatal injuries. However, not all airbags are perfect, and sometimes they either fail to deploy in an accident or have other defects. These faulty airbags have the potential to cause serious harm to the passenger.
Photo by Michael Jin on Unsplash
Airbags Not Deploying
There are a number of reasons why airbags might not properly deploy. One of the most common reasons would be the crash sensors throughout the car not working. The crash sensors tell the airbag it needs to deploy in a short amount of time, sometimes within 30 milliseconds of the crash. If these sensors are defective, the airbag could not deploy or deploy too late causing more injuries to the car occupants.
Determining Liability
When someone is injured because their airbag didn’t deploy like it was supposed to, they may be entitled to compensation. This compensation could come from a variety of sources, such as another driver, the vehicle manufacturer, or the airbag manufacturer.
If the airbag failed to deploy, inflate, or function as it was supposed to then a product liability claim could be filed against either the vehicle manufacturer or the airbag manufacturer. Vehicle manufacturers can be sued or held liable for the injuries caused by defective airbags. In other words, if the car bag does not deploy the car manufacturer can be sued by any occupant of that vehicle who was involved in the accident. If the accident occurs in a state that imposes strict liability then the manufacturer can be held liable even if the car manufacturer did not know the airbags in the vehicle were defective. In addition to the car manufacturer being held liable, the airbag manufacturer could also be held liable for supplying faulty airbags.
Proving Liability
Since the vehicle manufacturer can be held liable, the next step in suing would be proving liability. Proving product liability can be difficult as the accident victim needs to show that the airbag didn’t deploy when it should have, the non-deployment was due to a defect, and that the accident suffered in the accident was a result from the airbag not deploying.
How an Attorney Can Help Prove Liability
In most cases, an expert witness is needed to help prove liability. An expert witness could effectively explain the airbag failure in a way that makes all involved parties understand. In addition to expert witnesses, engineers, accident reconstruction specialists, and/or medical experts might be needed to prove liability. An experienced attorney will have the connections needed to find these experts, and help victims prove that the vehicle manufacturer was liable for the airbag failing to deploy.
Contact an Attorney Today
A personal injury attorney could help you get the compensation you are entitled to, and help prove liability. A car accident attorney could walk you through your options for going forward including determining who should be held liable for the accident.
Author: Sadaf Zain
