Nadrich Accident Injury Lawyers represents those who have suffered airbag injuries. Call a California airbag failure lawyer at our law firm today for a free consultation if you or a loved one was injured or killed due to an airbag defect or failure to deploy.
We have been handling cases involving airbag-related injuries, including cases involving the Takata airbag recall, since 1990. We’ve recovered over $750,000,000 for our injured clients, and our experience will allow us to recover the most money possible for you.
If you can’t afford to have your injuries treated, even if they’re severe injuries, we can help you get to doctors who will treat your injuries on a lien. This means that you will not be charged any fee for medical treatment until your case ends. Doctors do this for our injured clients because doctors know that when injury victims hire us, they get great results.
We will not charge any fee to handle your case involving faulty airbags until and unless we recover financial compensation on your behalf. The only fee we will charge to handle your case involving malfunctioning airbags is a percentage of any compensation we recover on your behalf, meaning no upfront fee or out-of-pocket fee.
Defective airbags may cause serious injuries or even fatalities. You could qualify for financial compensation for the injuries you suffered, even if those injuries were minor.
Call us today for a free case evaluation if you or a loved one was injured or killed due to an airbag defect or failure to deploy. We can help you understand your legal rights and options as well as negotiate compensation for you. Contact us as soon as possible, since statutes of limitations can limit how much time you have in order to file a claim. Call us today.
Table of Contents:
- Common Airbag Defects
- Who Is Liable for Airbag Malfunctions?
- Common Defective Airbag Accident Injuries
- Airbag Recalls: Is Your Vehicle Affected?
- What Is an Airbag Malfunction Lawsuit?
- Who Is Eligible for an Airbag Failure Lawsuit?
- How Much Is a Defective Airbag Lawsuit Worth?
- Examples of Airbag Failure Settlements
- Statute of Limitations for Airbag Malfunction Claims
- Why Choose Our Lawyers
- FAQs
- Contact Us for a Free Case Review
Common Airbag Defects and Risks
Defective airbags can lead to serious physical injuries, including facial trauma, broken bones, chest or face bruises, friction burns, skin or eye irritation and respiratory problems. Sometimes, an airbag fails to deploy in a car accident due to problems with a sensor.
Common airbag defects and risks include:
- Failure to deploy: In some accidents where it is necessary for airbags to deploy, defects in systems can prevent airbags from inflating. This may be because of electrical issues, crash detection mechanism problems or faulty sensors. Vehicle occupants are at a high risk of catastrophic injuries without an airbag’s protective cushioning.
- Late deployment: Some airbags deploy too late. This reduces their effectiveness regarding injury prevention. The delay can happen because of faulty deployment mechanisms or malfunctioning sensors. Late deployment can lead to occupants striking hard surfaces prior to airbags fully inflating, significantly harming them.
- Overly forceful deployment: Airbags can sometimes deploy with too much force. This poses a danger to occupants of vehicles, especially smaller adults and children. Overly forceful deployment may lead to internal injuries, traumatic brain injuries or fractures. Manufacturers have a responsibility to make sure airbags deploy using appropriate levels of force in order to minimize any harm.
- Inadvertent deployment: Airbags could deploy unexpectedly even if no impact or crash occurs. This can startle drivers and occupants, leading to accidents and injuries when vehicle control is lost.
- Exploding airbags: Certain defective airbags, such as recalled Takata airbags, may release shrapnel upon inflation.
Who Is Liable for Airbag Malfunctions?
If an airbag deployed and injured you, or if you were injured because an airbag failed to deploy and you struck a vehicle part such as a steering wheel, you can sue over faulty airbags.
Parties you may be able to sue include:
- A manufacturer: A manufacturer could be responsible for inadequate instructions, manufacturing defects or design errors.
- A dealership: Dealerships may be liable should they sell you vehicles with defective airbags.
- An installer: An installer may be liable should they improperly install an airbag.
- An auto repair technician: A technician could be liable should they disconnect a system or reinstall an airbag incorrectly.
It will usually be airbag manufacturers who are sued in these cases, but it’s also common for auto manufacturers to be sued. For example, Honda ended up settling for $11.375 million in a case involving Takata airbags.
Common Defective Airbag Accident Injuries
Common injures resulting from defective airbags include:
- Facial and head injuries: Airbags can deploy with a lot of force, causing facial and head injuries like broken bones, bruises and cuts.
- Eye injuries: Chemicals which are utilized in the inflation of airbags can cause serious burns and irritate eyes.
- Chest injuries: Airbags may cause chest injuries like heart injuries, broken ribs and bruises.
- Burns: Airbag fabric may cause burns when it directly touches skin.
- Hearing loss: Airbag deployment can be loud and cause permanent loss of hearing.
- Internal injuries: Airbags may lead to internal injuries like brain injuries and organ damage.
Airbag Recalls: Is Your Vehicle Affected?
Recalls are issued by the government regarding vehicles which have faulty airbag systems. Manufacturers of vehicles conduct and issue recalls, reporting to the NHTSA regarding the progress of recalls.
The Takata airbag recall led to over 42 million vehicles being recalled. This was the single biggest automotive recall in the history of the United States.
You can check to see if your vehicle has been affected by a recall at the NHTSA website.
What Is an Airbag Malfunction Lawsuit?
A faulty airbags lawsuit is an example of a legal action which is taken against a party, such as a manufacturer, over injuries which are caused by a defective airbag. A lawsuit like this may be filed if an airbag fails to deploy in an accident, or causes injuries. To win such a lawsuit, plaintiffs need to prove that airbags were defective and that the defect caused injuries to vehicle occupants.
These lawsuits can claim several causes of action, including:
- Design defect: This means an airbag is faulty because of a design flaw.
- Manufacturing defect: This means an airbag is faulty because of an issue which arises while it is being manufactured.
- Failure to warn: This means the airbag manufacturer failed to warn consumers about risks which are known.
These lawsuits can seek to recover compensation for numerous things, including medical expenses, travel costs, lost wages, pain, suffering and wrongful death.
Parties who can be sued include car manufacturers, airbag companies and other parties involved in distributing, making or designing defective parts.
Examples of these lawsuits include lawsuits filed against Takata involving vehicles made by Toyota, Subaru, BMW, Mazda and Ford.
To prepare a faulty airbags lawsuit:
- Collect evidence like photos, police reports, medical records, video footage, proof of injuries as well as who the liable parties are
- Obtain testimony from experts and witnesses
- Communicate with liable parties and their insurance companies
- Calculate a fair settlement value
- Consult with an attorney with experience in handling dangerous product cases
Who Is Eligible for an Airbag Failure Lawsuit?
You may qualify to file a lawsuit over an airbag failure if you or a loved one has been injured or killed due to an airbag defect or an airbag failing to deploy in an accident.
How Much Is a Defective Airbag Lawsuit Worth?
There isn’t a set “average settlement” regarding cases involving defective airbags or airbags not deploying in car accidents. The average value of a defective airbag lawsuit will vary depending upon the injury severity, the impact upon the life of the victim, the legal jurisdiction involved, and the legal case’s specifics. Settlements in these cases may range from tens of thousands of dollars to several hundred thousand dollars.
The value of your claim will depend upon the damages you suffered. Damages we can help you recover compensation for include:
Medical Bills
This includes compensation for any past or future medical expenses related to the injuries you sustained due to an airbag defect.
Lost Wages
This includes wages lost due to being hurt too badly to work or having to miss work to get injuries treated.
Loss of Earning Capacity
This includes compensation for loss or reduction of earning capacity caused by a disability which was the result of a faulty airbag.
Pain and Suffering
This is compensation for the physical pain and mental suffering you endured due to injuries caused by an airbag defect.
Wrongful Death
This includes compensation intended to make sure that the families of those lost due to airbag defects don’t have to go through financial hardship because of losing their loved one. This includes compensation for funeral and burial bills, grieving and suffering, medical bills, pain, suffering, and the loss of income, household services, love, companionship and spousal benefits.
Examples of Airbag Failure Settlements
- In 2023, a Spartanburg, South Carolina jury issued a $2.8 million verdict for a plaintiff who got seriously hurt in an accident and a 2015 BMW 528i’s airbag didn’t deploy. The vehicle allegedly lost power after a rear impact, leading to multiple safety features, such as the seatbelt and airbag, failing. The plaintiff was allegedly left with injuries including a severe brain injury.
- In 2013, a United States jury awarded a $14 million verdict to a man from Virginia who suffered a traumatic brain injury in an accident when a 2008 Hyundai Tiburon’s side airbags didn’t deploy. The airbags allegedly failed to deploy because the side airbag sensors were placed in the wrong location.
Statute of Limitations for Airbag Malfunction Claims
The statute of limitations for personal injury cases in California, including personal injuries as a result of airbag malfunctions, is two years. This means that, in most cases, you’ll have two years from the date of your injury to file a lawsuit.
However, exceptions exist. For example, when the injury isn’t immediately apparent, the statute may be extended. When an accident involves liability on behalf of a government agency, the statute can be reduced.
Call us today for a free consultation to find out if you still qualify to file a lawsuit.
Why Choose Our California Defective Airbag Lawyers?
Our lawyers have handled airbag lawsuits and other defective product cases for over 30 years, having recovered over $750,000,000 for clients. Our experience and proven track record mean that we can recover the most compensation possible for you.
In addition, we won’t charge you any fee to represent you until and unless we recover financial compensation in your defective airbag case.
FAQs
What Are Common Airbag Defects?
Common airbag defects include failure to deploy, late deployment, overly forceful deployment, inadvertent deployment and exploding airbags.
Can I Sue If My Airbag Didn’t Deploy?
Yes. If you were injured because your airbag failed to deploy, you can sue with the help of a defective airbag lawyer or product liability lawyer such as the lawyers at our firm, who handle cases which involve faulty automotive parts such as airbags. You can also sue if your injuries got worsened due to an airbag’s failure to deploy. Our personal injury attorneys have experience with product liability claims which related to car accidents.
Cases which involve airbags don’t deploy fall under the umbrella of product liability law. This means you can sue the manufacturer of a vehicle or airbag, a dealership, an installer or another party involved in distributing, making or designing defective parts for a defective airbag which causes you harm.
The severity of the accident will play a factor, as minor accidents where it’s more reasonable for airbags not to deploy can weaken your case.
Our product liability lawyers have experience handling cases involving airbag failures, have extensive knowledge regarding product liability laws, and work with automotive engineers in order to analyze the causes of airbags failing to deploy.
To win such a lawsuit, we can help you prove that your airbag didn’t deploy because of a manufacturing or design defect, and that your injuries were directly caused by the defect. We work with expert witnesses who analyze accidents and airbag systems to determine if airbags should have deployed as well as if malfunctions caused your injuries.
If you believe that your airbags failed to properly deploy:
- Document your accident: Take photos of your vehicle damage, including the airbags. Take pictures of the scene of the accident and your injuries. Get witnesses’ contact information, and keep track of all injury-related expenses. Write down every little thing which you remember about your accident.
- Seek medical attention: Obtain a thorough medical evaluation in order to make sure your injuries are documented.
- Contact your insurance company: Report your accident, informing them about the malfunctioning airbag.
- Consult with an attorney: Airbag failure cases may be complicated. A personal injury lawyer at our firm can advise you about your legal options as well as build a strong case for you.
What Is the Takata Recall About?
A series of lawsuits were filed against Takata, an airbag manufacturer from Japan, over defective airbags. These lawsuits include claims of economic loss, wrongful death and personal injury.
Takata’s airbags contained a propellant which could explode upon impact, leading to metal debris striking drivers and passengers. The company knew about these defects, yet allegedly ordered its engineers to delete test data rather than reporting the problem to safety regulators.
The airbags were responsible for the single largest recall in United States automobile safety history.
Takata ended up pleading guilty to wire fraud, paying a $1 billion criminal penalty.
The company, in 2017, reached a settlement including $850 million for automakers and $125 million for victims. Automobile manufacturers such as Toyota and Honda also settled lawsuits involving Takata airbags. Takata settled with automakers such as Mazda, Subaru, BMW, Toyota and Honda.
Owners of vehicles ended up winning a class action settlement worth over $1.5 billion.
How Do I Know If My Airbag Is Defective?
You can check at the NHTSA website to see if your vehicle has been subject to a recall.
Contact Us for a Free Case Review
Call our lawyers today for a free consultation if you or a loved one was injured or killed by an airbag defect or failure to deploy. We’ve represented injured Californians for over 30 years, have recovered hundreds of millions of dollars for clients, won’t charge a fee until and unless we obtain a recovery, and can get you to doctors who won’t charge you until your case is over.
These cases can be very complex and involve multiple parties. We can help you to understand the value of your case, fighting for you at each step. We can help determine what caused your injuries and what damages you might qualify for.
If you have been in an accident which involved a defective airbag, first seek medical attention. Do this even if you don’t think you’ve been hurt. Then, call one of our lawyers to learn about your legal options. Call us today.
