The National Highway Traffic Safety Administration requires all vehicles to have airbags. An airbag is designed to prevent severe injuries or death after a crash. Nevertheless, contact with it can lead to what it should avoid. If you suffered injuries due to a defective airbag in your car, you might be entitled to seek compensation from the responsible defendant. However, California’s personal injury laws are complicated and challenging to navigate. That is why this article discusses how an airbag works, how a malfunctioning airbag causes injuries, and the available legal options for recovering fair compensation in San Diego.

How an Airbag Functions

Airbags have saved many lives in traffic-related accidents. In front accidents, front airbags lower motorists’ death rate by 29% and fatalities of front-seat passengers above 13 by 32%. The National Highway Traffic Safety Administration estimates that seat belts and airbags reduce the risk of death in frontal car accidents by 61%, compared with the following:

  • A 34% reduction with airbags alone and
  • A 50% reduction with a seat belt alone

An airbag functions best as an additional safety device alongside a seat belt. It is tailored to be deployed after severe or moderate crashes. Nevertheless, it can inflate with a minor impact.

The airbag offers more safety and is not a seat belt replacement. It reduces the possibility of your head or upper body hitting against the car interior in a car accident. Sit properly with a firmly secured shoulder and lap seat belt to avoid airbag injuries.

After a crash, the airbag system’s sensor signals an inflator within all airbags. The inflator has an igniter, which starts chemical reactions, producing gas. Then, the airbag bursts out and inflates. The process occurs within seconds.

The chemical in the airbag is sodium azide. When kindled, it produces nitrogen gas, a safe and inert gas. While sodium azide is toxic, airbag deployment consumes it.

Different Types of Airbags

Before calling your personal injury lawyer, it is advisable to research what kind of airbags your vehicle has. If the vehicle was manufactured before 1998, the automobile should have passenger and driver’s front airbags. Nevertheless, other categories of airbags are available on vehicles today, and they can be defective.

  • Front airbags — They deploy from your car’s front in the event of a head-on collision. They are safety measures for the passenger and the driver.
  • Roof and side airbags — Modern cars have roof and side airbags. They are tailored to shield all car occupants, preventing injuries in side impact, rear-end, and roll-over accidents.
  • Knee airbags — Your knees can shatter following an impact, making knee airbags essential. The airbags are in the vehicle’s dashboard and prevent the front seat passenger’s knees from striking the hard interior surface.

Airbag Safety

An airbag deploys at high speed and can lead to injuries. Please note that an airbag does not resemble a balloon. You are likely to sustain injuries if you are leaning forward and close to the airbag when it deploys. To improve your safety, ensure you are more than ten inches away from your steering wheel and the front passenger is twenty inches from the dashboard.

Children are more vulnerable in the front seat, and every child below 13 should ride in the front seat. The airbag leaves the dashboard at the level of your child’s head and can cause head injuries or even death. Children are twice as likely to sustain injuries in a defective airbag collision. Most juveniles have succumbed to airbag injuries. Regrettably, many were in low-speed crashes that passengers would have survived without airbag deployment.

Ensure you have adequate seats in your back when transporting any minor children. Additionally, an adult must be in the back seat if a juvenile requires continuous monitoring.

An airbag works alongside a seat belt to safeguard drivers and front passengers. Your steering column must be tilted upwards instead of pointing at the motorist’s chest. As a passenger, ensure your seat is far from the dashboard and sit upright. Your shoulder and lap seat belts must be firm, and you should avoid leaning forward when operating your music system or stereo.

When rescuing a person from an accident involving a deployed airbag, you need not worry about the airbag's dangers. The dust originating from the airbag can irritate your eyes and skin. Therefore, consider putting on eye protection and gloves. Also, keep the accident victim away from the dust. Wash your hands following airbag dust exposure.

Defective airbags do not deploy when required and perform poorly. They can throw out metal shrapnel when deploying. Inspecting your motor vehicle if you replaced your airbags at a repair shop that is not your vehicle's manufacturer’s dealership is advisable.

ON-OFF Switch

Sometimes, the risk of sitting in front of your frontal airbag outweighs the safety benefits. Under these circumstances, NHTSA will recommend installing an airbag ON-OFF switch. The agency will grant authorization under the circumstances below:

  • You should place a rear-facing infant restraint in your car’s front seat because the rear seat is too tiny for your child's restraint or there is no back seat
  • A minor below 13 should ride in your front seat because they have a disease requiring monitoring in your front seat
  • You should sit within a few inches of your airbag because you are of tiny stature
  • A sick person is safer if you turn off your frontal airbag

When Do Defective Airbags Result in Injuries?

Airbags can be potentially dangerous when:

  • Manufacturers make defective airbags
  • An airbag contains design flaws or punctures
  • Airbag inflation systems are defective
  • Assemblers fail to do their work properly
  • The vehicle sensors that deploy the car’s airbag are faulty
  • The vehicle or airbag manufacturers do not give the proper warning labels

When a vehicle’s airbag or associated components have a defect, the airbag could:

  • Deploy at accelerated velocity, hitting car occupants at a dangerous speed
  • Deploy randomly or prematurely
  • Deploy very late following a collision, failing to offer its protective objective.
  • Completely failed to deploy after an accident.
  • Release the harmful gas that inflates the airbag into the car, potentially burning the occupants.

Types of Injuries a Defective Airbag Causes

When an airbag malfunctions or deploys with immense force, the car's occupants can sustain injuries ranging from minor to severe. These injuries can include the following:

  • Abrasions
  • Head injuries, like concussions and traumatic brain injuries
  • Internal bleeding
  • Chest injuries
  • Fractures
  • Burns
  • Loss of hearing and tinnitus
  • Eye injuries
  • Internal organ damage
  • Soft tissue damage, like strains, sprains and bruises
  • Cervical spinal injuries
  • Miscarriage and fatal injuries
  • Wrongful death

Potential Liable Parties in a Malfunctional Airbag Personal Injury Claim

It is essential to identify the defendant before taking legal action seeking compensation. Your attorney can help you by analyzing the available evidence. Common defendants include the following:

  • Your vehicle’s manufacturer
  • Suppliers
  • Airbag’s manufacturer

In California, the law holds manufacturers strictly liable if their defective products cause injury. They are responsible even when they were unaware of the defect and could not have prevented it.

There are three (3) types of defects:

  • Design defect — It is when a product is unreasonably hazardous when used for its intended purpose.
  • Manufacturing defect — This happens when a product is hazardous due to manufacturing flaws.
  • Warning defect — It is when a product that a consumer cannot use for its intended purpose without being inherently hazardous lacks enough warning of the risks or guidelines for the proper product’s use.

When filing a strict product liability lawsuit against the manufacturer, you should prove the airbag/vehicle was defective when leaving its manufacturer’s hand, you used it as tailored, and the defect resulted in your injuries.

How Negligence Functions in Product Liability Claims

You can also pursue compensation under California’s legal theory of negligence. In this case, you should demonstrate the following:

  • The defendant owed you a duty of care
  • The defendant breached the duty of care
  • The breach was the cause of your injuries
  • You sustained injuries due to the breach

What To Do After Sustaining Injuries Caused by Defective Airbags

The steps you take following your accident can improve your chances of recovering fair compensation. Here is what to do after the collision:

Seek Experienced Legal Assistance

Product liability legal cases are often tricky. How do you know what a satisfactory settlement looks like in the claim and recover the amount from the defendant? Obtaining experienced advice from a professional who can pursue the legal matter for you is advisable. The legal professional will do the following:

  • Collect evidence — Your attorney can collect evidence of all case elements, including the responsible parties and the impact of your injuries on your life.
  • Handle communication with all the involved parties — You should communicate with the liable parties, lawyers, and insurance adjuster. Your attorney can inform them of your claim, respond to their calls and emails, and have meetings to negotiate the compensation.
  • Calculate your case compensation — With the attorney’s assistance, you can assess whether the insurance firm’s settlement offer is fair.
  • Fight for your fair, satisfactory compensation — If the liable party hesitates to pay the fair amount, your attorney can work to ensure they offer a reasonable amount. If that fails, your legal counsel can represent you in court and pursue a jury award.
  • Guide you throughout the legal process — Most individuals find personal injury laws intimidating and confusing. Luckily, your attorney will serve as the legal guide.

Taking Photographs of Your Accident

If you or the witness can take photographic evidence, please do so. Insurance firms appreciate photographic proof since it reveals why and how the crash happened.

Some tips on capturing images of your accident include the following:

  • Take photographs of the car accident from several angles.
  • Take the collision photos promptly.
  • Document all the crash details.
  • Photograph the crash's surrounding area — Take images of the accident scene, including surrounding buildings, skid marks, road signage, speed limit signage, and traffic signals. You should also take pictures of other vehicle(s) involved in the collision.
  • Take photographs with and without a flash — Sometimes, different lighting discloses new details about the crash.
  • Photograph all official documents
  • Take pictures of your injuries
  • Document all crash details

The Benefits of Seeking Immediate Medical Attention Following An Accident

If you are involved in a severe crash, seek immediate medical attention to safeguard your health. Some of your injuries might not be evident immediately; seeking immediate medical care enables a proper diagnosis and prompt beginning of your treatment. Sometimes, failure to have your physician’s assessment can lead to an avoidable medical emergency. It is true if you sustained internal organ injuries.

Receiving medical attention following a vehicle accident helps you obtain official medical reports of your injuries. Additionally, it will directly link your injuries to the car accident. Without official documentation, the insurance firm will attempt to contest that the injuries are not severe or that the airbag did not injure you. In layman’s language, seeking medical treatment following a car collision safeguards your legal entitlement to recover compensation.

Please adhere to your physician’s recommendations after treatment. It means participating in therapy, taking your medication as prescribed, resting enough, taking time off school or work, and attending your follow-up doctor’s appointments.

If your injuries begin to heal, skipping your upcoming check-ups or ignoring the treatment recommendations can be tempting. If you do not follow your treatment schedule, the insurance firm could attempt to use your non-compliance to lower your compensation amount or even deny your claim altogether.

File Your Claim Timely (Statute of Limitations)

You should file your claim within two years of your accident. Otherwise, the judge/jury will dismiss your case if the SOL has expired.

Since two years might seem like a lot of time, hiring a skilled personal injury lawyer immediately is wise. The sooner the legal counsel can collect proof, the sooner they can initiate the legal process and fight to make you whole again.

Collect and Preserve Your  Accident’s Evidence

Do your best to keep the evidence fresh and untampered with. While it is challenging, ensure the vehicle and the airbag are only disposed of or repaired once you have addressed the matter with your lawyer and the defendant’s insurance company. Preserving your evidence is crucial to proving the case in court.

Also, immediately collect eyewitnesses’ names and contact information while their memory of your accident is fresh.

Avoid Posting on Social Media

Any information you post on social media can compromise your case. The defendant or their insurance provider can intentionally misconstrued even posts unrelated to your injury or accident to prove your injuries are not as severe as you claim. They can also use your post to prove they are not responsible or that you were partially liable for your injuries.

What is the Average Compensation for a Defective Airbag Personal Injury Claim?

The settlement for injuries caused by a defective airbag depends on numerous factors. They include the following:

  • The seriousness of your injuries
  • The nature of your accident
  • The cause of your accident
  • The degree of your airbag failure

For instance, if you sustained injuries that required one year of intensive rehabilitation or resulted in catastrophic injuries, your compensation will be higher than that of a victim who suffered minor injuries.

The compensation you receive depends on the losses you incurred. Here are the common damages awarded in defective airbag personal injury claims:

  • Medical expenses — Medical bills include the cost of emergency care, diagnostic services, doctor’s visits, emergency transportation, surgery, and hospitalization.
  • Pain and suffering — It compensates for the lost quality of life, insomnia, depression, anxiety, post-traumatic stress disorder, psychological distress, and emotional anguish resulting from your accident.
  • Lost income — It compensates both the income lost since you cannot work due to the injuries and time missed at work because you are undergoing treatment.
  • Lost earning capacity — The economic loss you would suffer in the future because you can no longer perform the same type of work you did before your accident.
  • Loss of consortium — This non-economic compensatory damage compensates for the loss of a partner’s or spouse’s companionship, care, assistance, protection, moral support, comfort, society, loss of ability to have children, and enjoyment of sexual relations.

Will Your Legal Option Be Affected If You Were Not Wearing Your Seatbelt?

The vehicle seatbelt is designed to prevent occupants from hitting themselves against the vehicle during a crash. Consequently, not having the seatbelt on might increase your chances of being seriously injured if a collision occurs. Failure to put on a safety belt is prohibited in California, not to mention that it is risky. It could also make it harder to recover compensation for any airbag injuries.

However, you can still recover compensation. California is a pure comparative fault state, and you can recover compensation even when you are 99% liable. The jury or judge will reduce your damages based on the percentage of fault that led to the collision.

Contact an Aggressive Personal Injury Attorney Near Me

An airbag is designed to ease the impact you would experience following an accident. Nonetheless, your injuries might be severe if the airbag fails to deploy or function as it should. If this occurs to you, the airbag’s manufacturer, vehicle manufacturer, or supplier could be held accountable. The San Diego Personal Injury Law Firm is experienced and knowledgeable enough to help you recover the compensation you deserve. We can complete the relevant paperwork, file your claim on time, gather evidence, and handle communication with the defendant and their insurer, allowing you to focus on your treatment, recovery, and becoming whole again.

Please call us at 619-478-4059 to book your free, no-obligation consultation.