Can You Sue for an Airbag Injury?
If you are dealing with an airbag-related injury, you are probably also dealing with significant out-of-pocket costs. You may be dealing with pain, suffering, emotional trauma, and other day-to-day effects as well. The financial and non-financial costs of airbag-related injuries can truly impact the rest of your life—and this raises an important question: Can you sue for an airbag injury?
While there are no guarantees, in many cases, the answer is “Yes.” Generally speaking, your airbags should not cause you harm. An airbag lawsuit lawyer can assess your legal rights, and if you have grounds to sue for your airbag injury, your lawyer can handle your lawsuit on your behalf.
When Can You Sue for an Airbag Injury?
So, when can you sue for an airbag injury? As a general rule, automakers can be held liable for vehicle defects. This includes defects that cause airbags to be improperly deployed. With this in mind, you may have grounds to sue for your airbag-related injuries if:
- Your Airbag(s) Failed to Deploy in a Collision – Airbags are generally designed to deploy in a collision involving speeds of 8 to 14 miles per hour (or more). If one or more of your vehicle’s airbags failed to deploy in a collision, you could have a claim for an airbag defect. Your airbag lawsuit lawyer will be able to investigate to determine whether your airbag(s) should have deployed, and if so, your lawyer can use this to seek just compensation on your behalf.
- Your Airbag(s) Deployed Too Late in a Collision – When airbag deployment is necessary to protect a vehicle’s occupants, the vehicle’s airbags need to deploy in the blink of an eye. This is not an exaggeration. To protect drivers and passengers, airbags need to fully inflate in about 1/20th of a second, which is roughly how long it takes the average person to blink. Any delay in an airbag’s deployment can prevent it from serving its intended purpose.
- Your Airbag(s) Only Partially Inflated in a Collision – In addition to deploying almost immediately, an airbag also needs to fully inflate in order to serve its intended purpose. Underinflation can be extremely dangerous—even for drivers and passengers who are wearing their seatbelts at the time of the collision. This is because airbags and seatbelts are designed to work together to prevent serious injuries.
- Your Airbag(s) Exploded Instead of Properly Inflating – Airbag explosions can be extremely dangerous as well. This is a particular concern with Takata airbags, which most major automakers installed in their cars, trucks, and SUVs throughout the late 1990s, 2000s, and early 2010s. While not all vehicles from this period have dangerous Takata airbags, many do, and Takata airbag explosions can leave victims suffering from serious, life-altering or even life-threatening injuries.
These are all potential grounds to sue for an airbag injury. If you have grounds to sue, an experienced airbag lawsuit lawyer will be able to help you seek just compensation for your medical bills, lost wages, pain and suffering, emotional trauma, and other losses. But you need to be careful to protect your legal rights, and there are some important steps you should take as soon as possible.
How Do You Sue for an Airbag Injury?
With this in mind, what should you do if you think you may have grounds to file an airbag injury lawsuit? To sue for your airbag injury, you will need to:
1. Seek Treatment for Your Airbag-Related Injuries Right Away
The first thing you need to do is seek treatment for your airbag-related injuries. When you seek treatment, you should tell your doctor that you were injured in a vehicle collision and mention specifically that you think your injuries may be airbag-related. After your first visit to the hospital, fill your prescriptions, attend your follow-up appointments and follow your doctor’s advice so that you can heal as fully and quickly as possible.
2. Hire an Airbag Lawsuit Lawyer to Examine Your Vehicle Before it Gets Repaired or Crushed
To file a lawsuit, you will need proof of the issue that caused your airbag-related injuries. With this in mind, you should hire an airbag lawsuit lawyer to examine your vehicle as soon as possible. Being able to prove why your airbag failed, how it failed, and how it caused your injuries is critical for seeking the financial compensation you deserve.
3. Work with Your Lawyer to Document the Financial and Non-Financial Costs of Your Airbag-Related Injuries
Speaking of the financial compensation you deserve, you will need to work closely with your lawyer to document the financial and non-financial costs of your injuries. This includes helping make sure your lawyer has access to your medical records and employment records. It also includes following your lawyer’s instructions for documenting the day-to-day non-financial costs of your airbag-related injuries.
4. Rely on Your Lawyer to File Your Lawsuit on Your Behalf
Once your lawyer has proof of your injuries’ cause and their effects, then your lawyer can file a lawsuit on your behalf. This is a complex process that is very different from dealing with auto insurance companies, and you have too much at stake to try to handle your lawsuit on your own.
5. Continue to Work with Your Lawyer While Being Careful to Avoid Mistakes That Could Jeopardize Your Claim for Damages
Once your lawyer files your lawsuit, you will need to work closely with your lawyer as your case moves forward. You will also need to be very careful to avoid mistakes that could jeopardize your claim for damages. Your lawyer can explain everything you need to know, and with contingency-fee representation, you pay nothing unless you win.
Schedule a Free Consultation with an Airbag Lawsuit Lawyer Today
Do you need to know more about suing for an airbag injury? If so, we invite you to get in touch. To schedule a free consultation with an experienced airbag lawsuit lawyer, give us a call at 866-247-2247 or tell us how we can get in touch online today.