Can You Sue for an Airbag Injury?

Airbags have been common in cars since the 1990s, with front airbags mandatory since the 1999 model year. Most cars today also have side and rear airbags, offering protection for all passengers in the vehicle. According to the National Highway Traffic Safety Administration (NHTSA), airbags rely on sensors that detect collisions. They send signals to the electronic control unit (ECU), which tells the airbag to inflate. The process takes about five-hundredths of a second.

The NHTSA estimates that airbags have saved 50,000 lives since the 1990s. However, they can also cause injuries in some cases. For instance, faulty airbags inflate unexpectedly, fail to inflate, explode, or deploy incorrectly. 

Though car companies must recall vehicles to fix airbag problems, the recalls only happen after injuries and investigations reveal a problem. Here is a closer look at these situations and the legal rights you have after suffering an airbag injury. 

Types of Airbag Injuries

There are two categories of airbag injuries. The first involves damage occurring from the impact with a properly deployed airbag. The second type of injury involves airbags that malfunction or fail. 

Here’s a look at common injuries from properly functioning airbags:

• Face or chest bruises or small fractures;
• Respiratory problems from the gas used to inflate the bag or the talc used to ensure proper inflation;
• Friction burns if your skin slides along the airbag fabric during impact;
• Eye or skin irritation from the gas. 

More serious injuries are possible if the airbag malfunctions or fails to inflate. 

• Skull or rib fractures;
• Traumatic brain injuries from impact with the steering wheel;
• Burns from airbags that explode or pop;
• Neck or spinal cord injuries;
• Shrapnel damage from airbags releasing metal fragments during inflation.

Also, airbags that deploy unexpectedly can cause accidents by causing you to lose control while driving. 

Reason Airbag May Not Deploy

Often, the worst injuries occur when airbags fail to deploy. Here are some of the most common reasons why this might happen. 

• Improper replacement after previous deployment;
• Malfunctioning sensors;
• Faulty, shorted, or severed wires;
• Disconnection during unrelated electrical repairs;
• Installation errors that occurred in the factory. 

The car manufacturer, designer, or repair technician could be liable for malfunctions that keep the airbag from inflating as expected. 

Who Can I Sue if I Suffered an Airbag Injury?

You may be able to take legal action against the following parties for injuries from an airbag malfunction. 

• Vehicle manufacturers could be responsible for manufacturing, installation, or design errors.
• Auto repair technicians could be responsible for improperly reinstalling airbags after inflation or disconnecting the system while performing other repairs. 
• The airbag manufacturer could be to blame if their system or design is responsible for the malfunction. 

Liability may be shared between two or more different parties.

Determining Liability

The first step in an airbag injury case is to assign responsibility for the malfunction or failure to deploy. Here are the steps to decide who is at fault for the problem. 

• Look for design or manufacturing defects: See if there are other cases like yours involving the same car model or airbag brand. A lawyer can also help organize an expert inspection to look for such flaws. 
• Consider external factors: An inspection may also reveal mistakes by mechanics who disconnected the airbag or caused it to deploy incorrectly. 
• Obtain the accident report: This could have vital details that show that the airbag should have been triggered by the accident. 

In essence, airbag injury suits are product liability cases. Your goal is to prove that the malfunction caused your injuries or failed to prevent them.

It is best to consult with a lawyer if you think airbag malfunctions played a role in your injury. They can arrange inspections and collect necessary evidence to help assign liability. 

Factors To Consider

There are other factors to consider when building an airbag injury case. These can affect how you proceed, the type of evidence you need to collect, and the award you will pursue.

• When the accident occurred: If you were working when the malfunction happened, workers’ compensation may cover medical expenses and lost wages. However, you can still sue a third party if you collect workers’ comp payouts. 
• The severity of the injuries: Airbag injuries can cause life-altering or catastrophic injuries. Consider the long-term financial and medical impact when building your case. 
• Doctor’s assessment: A medical exam can help prove a link between your injuries and the airbag. 

You do not have to be the victim of an airbag injury to file a lawsuit. If your loved one was killed by a malfunction, you can file a wrongful death case.

Potential Legal Challenges

Airbag liability cases can be complex, with defense lawyers potentially challenging your claims. Here are some of the possible arguments they may use. 

• Other causes: The defense could argue that your injuries were due to other factors from the accident, not the airbag malfunction. For instance, they might claim autonomous safety systems caused the accident and injuries. 
• Comparative negligence: Oregon allows comparative negligence claims. Defense lawyers can try to limit payouts by arguing that you were partly to blame for injuries because of your actions (such as failure to wear a seatbelt). 
• Modifications: Another common argument is that DIY repairs or modifications caused the airbag malfunction rather than design or manufacturing flaws. 

Such legal challenges are designed to complicate the case and increase the amount of evidence and arguments you need to present to prove liability. 

How To File a Claim

You can start the legal process after an airbag injury by filing a personal injury claim. Here is how this process typically works. 

• Get medical attention: The doctor’s report will be important for detailing your injuries and supporting your compensation request. 
• Obtain the accident report: The police report is important evidence in all car accident cases.
• Contact a lawyer: A personal injury lawyer with experience with accident and airbag malfunction cases can help you build a case and collect more evidence. 

A lawyer can help you learn more about your legal options and send a demand letter to the defendants to start negotiations. If this fails, they will then file a lawsuit in civil court.

How To Avoid Injury During a Car Crash

While you have legal options if you are injured by a defective or malfunctioning airbag, you can take steps to reduce the chance of injuries during a car crash. Here are some steps to take.

• Wear your seatbelt: You can reduce the chance of serious injury by 50% if you buckle up. 
• Keep up with maintenance: Technicians can make sure your electrical systems and ECU are working correctly and also let you know of any recalls involving your car. 
• Engage safety systems: Collision avoidance systems are required on new cars. These can help you avoid accidents or slow the car down to lessen the impact. 

Airbags are meant to protect you from injury, but they can malfunction or fail to work, causing injury. You need to know your legal rights so that you can pursue fair compensation for your injuries.