It took over sixty years after the first car rolled off the assembly line before seatbelts became mandatory in all cars. In the 1970s, car makers started to add an “Air Cushion Restraint System,” or airbags were offered as safety options. In 1988, Chrysler made the driver-side airbag standard.
The other automakers soon followed, and now every car is equipped with front and side airbag deployment.
Most car owners are aware their cars have airbags but aren’t familiar with how they work.
What happens if your airbags don’t deploy in a car accident? If an airbag failure occurs and causes injury, a claim could be made against the manufacturer and the car maker. The attorneys at Peterson Law Office are extremely familiar with this type of issue. In these scenarios, there could be an actionable claim against the at-fault driver and the airbag manufacturer.
Understanding how airbags are supposed to work and what happens when they fail will help.
How Airbags Are Supposed to Work
When used in combination with seat belts, airbags can be an effective safety device that prevents drivers from impacting the steering wheel and passengers from crashing into the dashboard or side panels.
Airbags are designed to deploy in 20-40 milliseconds. They are activated when a car forcefully impacts another object. Sensors send an electric signal that releases nitrogen gas, which inflates the airbag. After they deploy, the bags deflate, reducing the risk of suffocation.
Failure to Deploy
As with any other system in your car, there is a chance that your airbags could fail to deplore. The reasons for that failure will be a major consideration for any personal injury claim that you might file. Here are some reasons why your airbag could fail to deploy:
Force of Impact
Airbags are meant to deploy with a forceful impact. That’s a good thing because you don’t want airbags to be overly sensitive. Imagine the last time you tapped your bumper against a parking lot column or the wall in your garage. You wouldn’t want the airbag to deploy in that instance. With less forceful impacts, your seat belts should provide sufficient protection.
Proximity
As airbag technology improves, the sensor systems become more sophisticated. Some of these systems might not deploy if they detect a child sitting in front of or on the side of the seat. They also wouldn’t deploy if they detected someone was too close to the side airbag.
Missing Module
Airbags can be replaced after an accident if the car hasn’t been deemed totaled. Unfortunately, in some used cars, a module is missing. That is why checking the accident history of any preowned car you are considering is essential.
Recall
Defects with an airbag can trigger a recall. You can check with the National Highway Traffic Safety Administration’s (NHTSA) database to see if your make and model is currently under a recall order. In those situations, you must follow the recommendations for replacement.
Injuries From Airbag Malfunctions
If an airbag malfunctions, it removes a safety barrier. That can lead to the following types of injuries:
- Face lacerations
- Chest fracture
- Neck and back trauma
- Broken arms and legs
- Internal organ damage
These injuries can lead to surgery, hospitalization, and missed work.
Pursuing a Claim
If you get involved in a car accident with a malfunctioning airbag, you could pursue a claim against the airbag manufacturer and the car maker. That could be in addition to your claim against the at-fault driver.
Your airbag claim would fall under the category of product liability.
That case covers incidents involving manufacturing and design defects. It is also very likely that your airbag malfunction might not be the first one. That can bolster your case.
You’ll be helped when you enlist the support of the Peterson Law Office. We have successfully pursued claims against negligent drivers and airbag manufacturers.
A positive outcome requires thorough investigation and strong negotiation skills.
If you’ve had an accident involving a malfunctioning airbag, you need to set up a consultation to discuss what happened and what your options are for pursuing a claim.