Studies show that using airbags while driving reduces your risk of death in car crashes by 61 percent. Although these statistics are true, airbags aren`t without fault. In fact, cases where airbags did not deploy at all still grace courtrooms ever so often. If you think you only have to deal with your insurance company, think again. Here`s everything you need to know about liability for airbag malfunctions:
Potential Defendants: Who Should Be Considered?
Vehicle manufacturers are the first to be held liable for airbag malfunctions. It`s their responsibility to ensure that the components of their products are fully-functional and safe. Poor performing products i.e., a malfunctioning airbag can cause fatal injuries, bone fractures, trauma, and even death. Thus, victims of airbag malfunctions can file a case under the product liability doctrine against the carmakers.
According to the Federal Motor Vehicle Safety Standard 208, carmakers are required to conduct a recall in the event that product malfunctions or deficiencies are discovered. If the carmaker fails to do this, they may be held under strict liability. This is when the manufacturer is obligated to pay for expenses connected to the accident caused by the malfunctioning product, regardless of the evidence gathered.
Airbag Design Was Outsourced – What Do I Do?
Sometimes, carmakers may outsource the design, product, and assembly of airbags to other companies. If that`s the case, both the automaker and the company that designed/assembled the airbags may be held liable. Additionally, victims may file a case against their car dealer for failing to detect the issue.
If your airbag has ever been repaired, you may also file a case against the airbag specialist or mechanic who made the adjustments to the equipment.
How to Prove Liability
In product liability cases, manufacturers and other liable parties are automatically held accountable for their negligence. So, you don`t have to prove them guilty of the crime – you just need to prove that the product that you bought from them (i.e., the airbag) is, in fact, defective.
Here`s what you need to do:
Prove That Your Injuries Were Caused By the Airbag
Get a licensed physician to evaluate your injuries and determine if they were caused by the airbag or something else. Have them record their findings and keep them in your case files to use later.
Hire a Lawyer
Getting help from an experienced law firm, such as Schmidt & Clark, will make sure that the whole process of your case goes smoothly. Your attorney can gather relevant evidence to win your case. They may also help you file your case in court, so you can focus all your attention on healing your injuries.
Investigate Why the Airbags Failed to Deploy
Airbags may fail to deploy due to several reasons. The most common are:
- Defective or run-of-the-mill sensors
- Defective components
- Installation errors
- Faulty wirings
Get a mechanic or an airbag specialist to assess your airbags and help you determine the liable party. Following these steps will solidify your case and help you get the settlement you deserve.
