Airbags are one of the most important safety features in modern vehicles. They're designed to help protect occupants during a crash by reducing the risk of serious injury. But when an airbag fails to deploy, does so unexpectedly, or malfunctions at impact, the outcome can be devastating.
If an airbag doesn't function as intended and contributes to someone's injuries, there may be legal options available. These cases are often more complex than a typical car accident because they involve product liability law in addition to any claims arising from the crash itself.
When Is an Airbag Considered Defective?
An airbag that doesn't deploy isn’t necessarily be defective. Airbags are engineered to activate only under certain crash conditions. However, a defect may exist if an airbag:
- Fails to deploy during a collision where it reasonably should have.
- Deploys unexpectedly or without a crash.
- Deploys with excessive force.
- Ruptures during deployment causing additional injuries.
- Contains a manufacturing or design defect that affects its performance.
Answering whether an airbag was defective requires a careful review of the vehicle's safety systems, crash data, and other evidence. Identifying what went wrong, preserving critical evidence, and determining who may be legally responsible typically requires an investigation by an experienced product liability attorney working with qualified experts.
Who May Be Responsible?
Depending on the circumstances, responsibility may rest with one or more parties, including:
- The airbag manufacturer, if the airbag or one of its components was defective.
- The vehicle manufacturer, if the airbag system was improperly designed or integrated into the vehicle.
- A repair facility or dealership, if improper installation or repairs contributed to the malfunction.
If another driver's negligence caused the collision, there may also be a separate claim related to the car accident itself.
What Types of Losses May Be Recoverable?
When a defective airbag contributes to an injury, state law may allow an injured person to recover damages for losses such as:
- All medical expenses caused by the defective airbag
- Lost income or reduced earning capacity
- Pain and suffering
- Property damage, which is generally the cost to repair or replace the victim’s vehicle
What Should You Do After an Airbag Malfunction?
If you believe an airbag malfunctioned during a car crash, taking a few important steps can help preserve valuable evidence.
- Seek medical attention immediately for your injuries.
- Avoid having the vehicle repaired or scrapped until it has been examined.
- Photograph the vehicle, steering wheel, dashboard, and any visible injuries.
- Keep copies of medical records, repair estimates, and the police report.
- Speak with an experienced product liability lawyer right away.
Attorney J.J. Dominguez of The Dominguez Firm stresses the importance of this important fifth step. "Airbag defect cases are not like a standard car accident claim. They often involve different evidence, additional parties such as manufacturers or suppliers, and a require a thorough, highly technical investigation into why the airbag failed. That's why it's important to work with an attorney who has experience successfully handling these complex cases."
Check for Airbag Recalls
Some airbag defects led to nationwide recalls. The Takata recall remains the largest automotive recall in U.S. history, and millions of ARC Automotive airbag inflators have also caused safety concerns.
Thousands of vehicles with potentially dangerous recalled airbags are still on the road today. Because many of these vehicles have changed hands over the years, today's drivers are often the second or third owners and may have no idea their vehicle is equipped with a recalled airbag.
Even if your vehicle has never been involved in an accident, do check for open recalls. You can search your vehicle identification number (VIN) on the National Highway Traffic Safety Administration (NHTSA) website to see whether your vehicle is affected.
While not every airbag malfunction is linked to a recall, preserving evidence, understanding your legal options, and addressing an open recall could make a significant difference in protecting your safety and legal rights.
