Airbag Injury FAQ

Airbag Injury Attorney David P. Willis Answers Frequently Asked Questions About Defective Airbags

You suffered serious injuries in a vehicle collision. Were your vehicle’s airbags to blame? While airbags are supposed to help protect drivers and passengers, defective airbags are often responsible for injuries that could—and should—have been prevented. If your injuries are the result of an airbag defect, you may be entitled to financial compensation, and you should speak with an airbag injury attorney about your legal rights as soon as possible.

You should also learn as much as you can about your situation. When you have a claim for an airbag defect, making smart decisions is critical for protecting your legal rights. With this in mind, in addition to scheduling a free consultation, we also encourage you to read these FAQ answers from experienced airbag injury attorney David P. Willis.

What Are Some of the Most Common Types of Airbag Failures?

Some of the most common types of airbag failures include delayed deployment, partial deployment, non-deployment and airbag explosions. All of these failures can result in serious (or fatal) injuries, and all of these failures provide grounds for victims and their families to seek just compensation. If you have any reason to suspect an airbag failure after a serious collision, you should talk to an airbag injury attorney about your legal rights.

What Are Some of the Most Common Reasons for Defective Airbags?

Airbag failures can have a variety of different causes. Some of the most common reasons for defective airbags include electrical system failures, airbag inflator failures, and improper airbag installation or reinstallation. Airbag inflator failures are a particular concern in the United States, as tens of millions of vehicles sold in the U.S. over the past 20 years were equipped with defective Takata inflators. While Takata has since gone bankrupt, vehicle manufacturers that sold vehicles equipped with Takata airbags can still be held liable for serious and fatal airbag injuries.

When Does an Airbag Failure Provide Grounds to File a Lawsuit?

An airbag failure will provide grounds to file a lawsuit in almost all circumstances—as long as you take action in time. In the United States, product manufacturers (including airbag manufacturers and vehicle manufacturers) have a legal duty to ensure that their products are safe for their intended use. When companies sell products that are not safe for their intended use (i.e., defective airbags), they can be held strictly liable for victims’ losses.

Is My Vehicle’s Manufacturer Responsible for an Airbag Defect?

While vehicle manufacturers typically purchase their airbags from other companies (like Takata and ARC), vehicle manufacturers are still responsible for airbag defects. If you or a loved one was harmed by a defective airbag, you should talk to an airbag injury attorney about filing a lawsuit against the manufacturer of the vehicle in which the defective airbag was installed.

What Are My Legal Rights if I Suffered Airbag-Related Injuries?

You have clear legal rights if you suffered airbag-related injuries. These legal rights include:

  • The right to understand why your airbag failed
  • The right to have your vehicle repaired and airbag replaced
  • The right to get all necessary medical treatment from a provider of your choosing
  • The right to recover just compensation for your financial and non-financial costs
  • The right to hire an airbag injury attorney to seek just compensation on your behalf

When you are dealing with serious airbag-related injuries, asserting your legal rights is extremely important. The financial costs of suffering serious injuries can be substantial, and your injuries could also lead to long-term non-financial costs as well. Asserting your legal rights effectively is the only way to recover the financial compensation you deserve.

Does Auto Insurance Cover Airbag Replacements?

Yes, auto insurance generally covers airbag replacements. However, if you have suffered airbag injuries that you suspect may be the result of an airbag defect, filing an auto insurance claim may not be your only option. You may have a claim against the vehicle’s manufacturer as well. If you have a claim outside of auto insurance, asserting your legal rights successfully could be critical for covering the financial and non-financial costs of your injuries long-term.

Should I File an Insurance Claim if I Suffered Airbag-Related Injuries?

Yes, generally speaking, you should file an insurance claim any time you suffer injuries in a vehicle collision. But, as we just discussed, you should talk to an airbag injury attorney about filing a claim outside of auto insurance as well. The auto insurance coverage available to you won’t necessarily cover all of the costs of your injuries, and if an airbag defect is solely responsible for your injuries, you may need to file a claim against the vehicle’s manufacturer to recover the full compensation you deserve.

What Compensation is Available to Victims of Airbag-Related Injuries?

If you have a claim for airbag-related injuries caused by a defective airbag, an airbag injury attorney will be able to help you seek just compensation for all of the financial and non-financial costs related to your (or your loved one’s) injuries. While the specific damages you are entitled to receive depend on the specific circumstances of your case, the types of compensation that are available generally include:

  • Medical costs
  • Other out-of-pocket costs
  • Loss of income and benefits
  • Pain, suffering and emotional trauma
  • Scarring and disfigurement
  • Loss of consortium, companionship and support
  • Loss of enjoyment of life

When you hire an experienced airbag injury attorney to represent you, your attorney will carefully calculate the long-term financial and non-financial costs of the accident. Once you know the value of your claim, then you can make an informed decision about how to proceed.

What Steps Should I Take if My Airbag Didn’t Deploy During an Accident?

If your airbag didn’t deploy during an accident, you should be sure to report the accident to the local authorities, and you should seek treatment for your injuries right away. You should also talk to an airbag injury attorney as soon as possible. Your attorney will be able to explain your legal rights and file a claim on your behalf if warranted.

When Should I Talk to an Airbag Injury Attorney?

You should talk to an airbag injury attorney as soon as possible after suffering injuries that you believe may be the result of an airbag defect. While you may have clear legal rights, asserting your legal rights effectively will require experienced legal representation.

How Much Does It Cost to Hire an Airbag Injury Attorney?

Hiring an airbag injury attorney should cost you nothing out of pocket. We handle all airbag injury cases on a contingency-fee basis, which means that we do not charge any fees or costs unless we help our clients recover just compensation. If we win your case, your legal fees will be calculated as a percentage of the amount we help you recover.

How Long Does a Claim for Defective Airbags Usually Take?

This question isn’t easy to answer. While some defective airbag claims can be resolved fairly quickly, others take much longer. Your claim could be over in a matter of months, or it could take a year or longer. Generally speaking, the sooner you hire an airbag injury attorney to gather the evidence needed to prove your legal rights, the greater your chances will be of securing an efficient out-of-court settlement.

Am I Entitled to a Settlement for Injuries from Defective Airbags?

While many claims involving injuries from defective airbags result in out-of-court settlements, there is no guarantee that you will receive a settlement in your case. The insurance companies are not obligated to settle (though they frequently do), and it will be up to your airbag injury attorney to use his or her experience to seek a settlement on your behalf.

Does Filing a Claim for Airbag Defects Involve Going to Court?

Not necessarily. If you have a strong claim and you hire an experienced airbag injury attorney promptly, you may be able to obtain a settlement without going to court (though, again, there are no guarantees). However, if the manufacturer’s insurance company is unwilling to make a fair settlement offer, it will be important that you are prepared to go to court if necessary.

Can I Get a Free Consultation About Filing a Claim for Defective Airbags?

Yes, every case we handle starts with a free consultation. Once you get in touch, we will arrange for you to speak with an airbag injury attorney one-on-one as soon as possible. This initial consultation is completely risk-free, and it is your opportunity to get personalized legal advice so that you can make informed decisions about your next steps.

Schedule a Free Consultation with an Airbag Injury Attorney Today

If you need to know more about filing a claim for airbag-related injuries, we strongly encourage you to get in touch. To schedule a free consultation with an experienced airbag injury attorney as soon as possible, call 866-247-2247 or tell us how we can get in touch online today.