Airbag Injuries Are More Common Than You May Think
Some items are designed with a single purpose in mind: to help protect you from injuries. A key example of this is airbags. Found in most vehicles, airbags deploy when a vehicle is in an accident.
However, sometimes airbags malfunction, potentially resulting in serious injuries and even fatalities. The irony of airbags causing fatalities isn’t lost on anyone. Since there’s a good chance your vehicle is equipped with airbags, here’s what everyone should know about the safety devices.
How Airbags Work
Most vehicles have airbags in the steering wheel and passenger side dashboard. Some vehicles also have airbags in the side door compartments. Constructed from a lightweight material, the airbag is connected to a sensor that detects impacts on the vehicle.
When an impact is detector, the airbag fills with gas causing it to deploy. Most airbags deploy in less than 1/20th of a second. You should expect the airbag to deploy with a relative amount of force. In other words, you don’t want to be too close to an airbag when it expands. For example, with your face pressed up against the steering wheel or dashboard.
The gas-filled airbag is designed to cushion your impact if the force of the collision thrusts you forward. Instead of hitting the hard dashboard, an airbag is designed to provide some cushioning. Most of the time, this goes off without a hitch, and the airbag does its job just like it’s supposed to. Unfortunately, there are occasions when injuries from airbags can occur.
Common Airbag Injuries
Few factors can determine the type and severity of your injuries. If the airbag is partially or fully deployed, along with where you connect with the safety device. Some commonly reported airbag injuries include the following:
Bruising and small bone fractures to the face
Injuries to the chest region. This can include heart trauma if the impact is hard enough against your chest
Skull, rib, and wrist bone fractures
Traumatic brain injuries (TBI) if the airbag deploys against your head
Eye injuries from leaking gas meant to inflate the airbag
Ear trauma that can include bruising, bleeding, swelling, and even hearing loss
Internal injuries (damage to vital organs)
Asthma and other types of respiratory attacks caused by the gas and other chemicals
Pregnant women may also experience injuries to their fetus, which can occur if the force of the airbag deployment is against the stomach/abdominal region
You can reduce your chances of sustaining an airbag injury by always wearing your seatbelt. There are also laws in place regarding seatbelts in motorized vehicles. All occupants, including passengers, must always wear a seatbelt while the vehicle is in motion. This also includes when the vehicle is at a stop sign or red light.
What Causes Airbag Injuries
Sometimes, airbags can mistakenly deploy in situations when humidity levels and temperatures start to rise.
Manufacturer defects are another cause of airbag-induced injuries, and an example is the Takata recall. Unfortunately, millions of faulty airbags were recalled before multiple injuries and even fatalities were reported.
Other common causes for airbag injuries include:
A malfunctioning sensor causes the airbag to deploy too soon or not at all
Leaking gases used to fill the airbag
The propellant canister releases shrapnel or the canister may fly out of the airbag
Even though the majority of airbags perform properly, accidents can still occur resulting in injuries.
Do You Have Legal Rights if You Experience an Airbag Injury
You do have legal rights if a malfunctioning airbag causes an injury. However, before you can file a claim, you’ll need supporting evidence. Even if your injury is noticeable and severe, you’ll still need to prove it was the result of an airbag.
Keep all of the evidence, which includes all pieces of the airbag, along with the gas canister and impact sensor. Don’t throw anything away. You never know what piece may help support your case. Let your personal injury attorney decide what is usable evidence and what is junk. If possible, take some photos of the damage, which also includes your injuries.
So, what are your legal rights in an airbag injury case? You have a few options. However, make sure you remember that every case is unique. What applies to one case may not be relevant in yours, which also applies to who you can name in your lawsuit.
Most personal injury cases involving malfunctioning airbags name all or at least one of the following as defendants:
The airbag manufacturer
The automobile manufacturer
Anyone who inspected, maintained, or replaced the airbag after the purchase.
Your case will probably be filed as a product liability claim. Don’t worry, the process is similar to a simple personal injury case. The main difference is you don’t have to prove negligence or malicious intent.
Is there a Deadline to File a Claim
The answer to this question depends on state laws, which can vary and typically range from one to three years from the date of the accident. Why do you need to know the specific statute of limitations? If the filing deadline has passed, you cannot submit an injury claim.
Waiting too long not only risks missing filing deadlines, but evidence can also grow old. Your case has the best chance of succeeding when you file shortly after the accident.
What Type of Compensation Can You Claim
When you file an airbag injury claim, you’re entitled to file to receive compensation. What can you include in your claim? You can claim medical bills relating to the injuries you sustained in the accident. This can include any ongoing or long-term care.
If your injuries prevent you from working, you can also claim lost wages. Your case may also include non-economic damages like emotional distress, pain, and suffering.
Talk To An Attorney About Your Airbag Injuries
If you’re injured because of an improperly working airbag, contact an experienced accident attorney today!
You have legal rights and may be entitled to receive compensation. Most consultations are free, so it’s in your best interest to get legal advice—there’s no reason to not receive compensation for your injuries.
