Airbags are designed to protect passengers in car accidents, but they can sometimes cause injuries. These injuries can range from minor to severe, depending on the circumstances of the crash. If an airbag has injured you, it’s important to know your legal rights.
Davidoff Law Personal Injury Lawyers helps you get the compensation you deserve for airbag-related injuries. Our experienced personal injury attorneys work with victims of car accidents, ensuring they receive fair compensation for their medical expenses, lost wages, and pain and suffering.
If you’ve suffered serious injuries from an airbag deployment, we are here to help. Our team will guide you through the legal process, whether through insurance claims or a personal injury lawsuit.
Table of Contents
How Airbag Injuries Occur in Car Accidents
Airbags are designed to protect passengers in a car accident. However, they can also cause injuries when they deploy. The force of an airbag can be strong enough to cause burns, bruising, or even broken bones. The severity of the injuries depends on several factors, such as the speed of the crash and the position of the passenger.
The Purpose of Airbags
When a crash occurs, the airbag quickly inflates to cushion the impact between you and the car's interior. The goal is to reduce the risk of serious injuries like head trauma, chest injuries, and whiplash.
However, airbags can cause injuries if they deploy incorrectly. For example, if the airbag deploys with too much force or too late, it can lead to burns, abrasions, or broken bones. This is especially common in high-speed crashes or when the passenger is not seated properly. Understanding how airbags work and the risks involved is important for anyone who has been injured in a car accident involving airbag deployment.
Common Causes of Airbag Injuries
- Excessive force: Airbags deploy with force to protect passengers, but too much force can cause injuries such as broken bones or chest injuries.
- Improper positioning: If a passenger is too close to the airbag or not seated properly, they are at a higher risk of injury when the airbag deploys.
- Defective airbags: Sometimes, airbags malfunction and deploy at the wrong time or with too much force. These defects can cause severe injuries.
- Failure to deploy: In some accidents, the airbag fails to deploy when needed. This can result in serious head injuries, especially if the passenger hits the steering wheel or dashboard.
- Old or outdated airbags: Older cars may have airbags that do not meet modern safety standards, increasing the risk of injury.
Understanding the causes of airbag injuries can help assess liability and seek compensation for damages caused by defective or malfunctioning airbags.
Common Injuries Caused by Airbags
Airbags can save lives, but they can also cause injuries. Some of the most common injuries caused by airbags include:
- Facial injuries: The force of an airbag can cause cuts, bruises, or burns to the face. This is common if the passenger is too close to the airbag or not wearing a seatbelt.
- Chest injuries: Airbags can cause chest injuries like broken ribs or internal bruising. This is due to the airbag’s force pushing against the chest during deployment.
- Neck and back injuries: The sudden force from an airbag deployment can cause whiplash or other neck and back injuries. These injuries can range from mild to severe, with long-lasting effects.
- Traumatic Brain Injuries (TBI): In some cases, the impact of the airbag can cause head injuries, including traumatic brain injuries. These injuries are often severe and require long-term medical treatment.
- Burns: The chemicals used in airbags to inflate them can cause burns to the skin, especially if the airbag deploys with excessive force.
These injuries can require significant medical treatment, including surgery, physical therapy, and long-term care.
Liability in an Airbag Injury Case
When an airbag causes injury, determining who is responsible can be complex. Several parties could be held liable depending on the cause of the malfunction or improper deployment.
Here are the potentially responsible parties in airbag injury cases:
Who Can Be Held Responsible?
- Airbag manufacturers: If the injury results from a defective airbag design or malfunction, the manufacturer of the airbag could be held liable. This includes issues like faulty sensors or improper inflation mechanisms.
- Vehicle manufacturers: In some cases, the vehicle itself may be the cause of the airbag malfunction. If the airbag system is not properly integrated or maintained, the vehicle manufacturer may be responsible.
- Car dealerships and repair shops: If the airbag was installed or repaired incorrectly, the dealership or repair shop could be liable for damages caused by their negligence.
- Other drivers: If the airbag is deployed as a result of another driver’s reckless behavior, the other driver may be partially responsible for the injuries caused.
A personal injury lawyer can help determine the responsible party and pursue a product liability claim to seek compensation.
Proving a Defective Airbag Case
To prove a defective airbag case, you must show that the airbag’s malfunction or failure caused your injuries. This requires evidence that the airbag was either designed poorly, manufactured incorrectly, or deployed improperly. A key element is proving that the airbag should have deployed more safely or that it failed to deploy when it should have.
Your lawyer will gather medical records, accident reports, and expert testimony to build a strong case. They will need to demonstrate that the airbag’s defect directly contributed to the severity of your injuries. For example, if the airbag is deployed with excessive force, causing burns or broken bones, that may indicate a defect. If the airbag failed to deploy in a serious crash, this could be a manufacturing flaw.
With the help of an experienced personal injury attorney, you can hold the responsible parties accountable and seek compensation for your injuries.
Major Airbag Recalls and Defective Airbag Lawsuits
Airbags are critical safety devices, but there have been instances of defects that have led to widespread recalls. Some of these recalls have involved severe risks to consumers.
Here are some major airbag recalls and how they have led to defective airbag lawsuits:
The Takata Airbag Recall
The Takata airbag recall is one of the largest and most well-known recalls in history. Takata, a major airbag manufacturer, produced airbags that could explode with excessive force, sending shrapnel into passengers. This defect led to serious injuries and even fatalities. Millions of vehicles worldwide were affected by this recall, making it a global issue.
If you were injured by a Takata airbag, you may be entitled to compensation through a product liability claim. The Takata recall has resulted in numerous lawsuits, as the company and vehicle manufacturers have been held accountable for the defective airbags.
If you’ve suffered injuries from a Takata airbag, an experienced personal injury lawyer can help you pursue legal action and seek compensation for medical expenses and other damages.
Other Airbag Defects and Recalls
In addition to the Takata airbag recall, there have been other instances of defective airbags causing harm. Some airbags have deployed with too much force, causing injuries such as broken bones, burns, and facial injuries. Others have failed to deploy during a crash, leaving passengers unprotected.
Manufacturers like Honda, Toyota, and Ford have also issued recalls for airbags with similar defects. These recalls typically affect specific models or production years, so check if your vehicle is affected.
If you have been injured by a defective airbag from any manufacturer, you may have grounds for a product liability lawsuit. A personal injury attorney will help you understand your legal rights, gather necessary evidence, and hold the responsible parties accountable. With the right legal help, you can seek compensation for the injuries and damages caused by these airbag defects.
How Our Queens Airbag Injury Lawyer Can Help
If you’ve been injured by a defective airbag, having a knowledgeable lawyer on your side can make a big difference. Our Queens airbag injury lawyer can help you understand your legal rights and fight for the compensation you deserve.
Investigating the Case and Gathering Evidence
To build a strong case, your lawyer will investigate the circumstances of the accident. They will gather relevant evidence, such as accident reports, medical records, and expert testimony. Your lawyer will also look into whether the airbag was deployed correctly or if there was a defect. This evidence is crucial for proving that the airbag caused or worsened your injuries.
An experienced personal injury attorney will know how to collect and present this evidence to strengthen your case. They will work hard to prove that the manufacturer or other parties are responsible for your injuries.
Handling Insurance and Manufacturer Claims
Dealing with insurance companies and manufacturers can be challenging. Often, insurance companies try to minimize payouts, and manufacturers may deny liability for defects. A personal injury lawyer will handle all negotiations with the insurance company and the manufacturer. They will fight for fair compensation on your behalf, making sure all your medical expenses, lost wages, and other damages are covered.
Filing a Product Liability Lawsuit
If a fair settlement can’t be reached, your lawyer will help you file a product liability lawsuit. This involves taking legal action against the manufacturer or other responsible parties. Your lawyer will present the case in court, gathering all evidence to show that the defective airbag caused your injuries. A successful lawsuit can lead to compensation for medical bills, pain and suffering, and other damages.
Having a competent Queens airbag injury lawyer ensures that you have the best chance of receiving the compensation you deserve.
What to Do After an Airbag Injury in Queens
If you’ve been injured by an airbag, take the right steps right away. These steps can help protect your health and your legal rights.
First, seek medical attention. Even if your injuries seem small, see a doctor to make sure you’re okay. Some injuries, like neck or head injuries, can get worse later on. Next, report the accident. If you haven’t already, file a police report. This helps document what happened and is vital for your case.
After that, keep all medical records. This includes doctor visits, hospital stays, and any treatments you’ve received. These records are vital for proving your injuries and the need for compensation. Then, contact a lawyer. A Queens airbag injury lawyer can help you understand what to do next. They will review your case and advise you on the best steps to take.
Lastly, keep track of your lost wages. If you had to miss work due to your injuries, note down the days you missed. This can be part of your compensation claim. By following these steps, you can protect your health and start building a strong case for compensation.
FAQs
How do I file a personal injury claim for an airbag injury?
To file a personal injury claim for an airbag injury, you should contact a car accident lawyer who can help you understand your rights. They will gather evidence like medical records and accident reports and help you build your case. A New York car accident lawyer will also handle negotiations with the insurance company and fight for the compensation you deserve.
What are the most common airbag injuries?
Common airbag injuries include burns, facial injuries, broken bones, and chest injuries. In some cases, airbags can cause more serious injuries like traumatic brain injuries or spinal cord damage. If you have suffered injuries due to an airbag deployment, you may have grounds for a personal injury case.
Can I file a claim if my airbag injury was caused by a motor vehicle accident?
Yes, if a defective airbag caused your injury during a motor vehicle accident, you may have a personal injury claim. A car accident lawyer can help you determine if the airbag was defective and assist with your legal options for seeking compensation.
How can a car accident lawyer help with my airbag injury case?
A car accident lawyer can help by investigating the cause of the injury, gathering evidence, and negotiating with the insurance company. They will ensure that you are properly compensated for medical expenses, lost wages, and other damages caused by the airbag injury.
How long do I have to file a personal injury case for an airbag injury in New York?
In New York, you typically have three years from the date of the injury to file a personal injury case. However, it’s always best to contact a lawyer as soon as possible to ensure your case is filed within the legal time limits.
Contact Our Queens Injury Lawyer
If a defective airbag has injured you in a motor vehicle accident, you should seek legal help. Davidoff Law Personal Injury Lawyers is dedicated to helping injured victims get the compensation they deserve.
Our experienced personal injury lawyers in Queens can assist with every step of your case. We offer a free consultation to discuss the details of your personal injury claim. Whether your injury is caused by an airbag defect, motor vehicle accident, or another type of negligence, we are here to help.
We understand how serious these injuries can be, and we fight for fair compensation for medical expenses, lost wages, and pain and suffering. Contact our law office today to speak with a New York car accident lawyer and start your journey toward justice.
