What is the average settlement for airbags not deploying?

Friday, November 8, 2024

What is the average settlement for airbags not deploying?

Written by Malman Law, reviewed by Steve J. Malman.

When an airbag fails to deploy during a car accident, the consequences can be devastating, leaving you or one of your relatives with serious injuries, an uncertain future, or even death. Airbags are a vital safety feature designed to protect drivers and passengers in the event of a collision. However, injured victims may be entitled to compensation when they malfunction or fail to deploy.

The average settlement for airbags not deploying varies widely depending on factors like the severity of the injury, the impact on the victim’s life, and the specifics of the legal case. Settlements can range from tens of thousands to several hundred thousand dollars. At Malman Law, we understand the trauma airbag failures can cause, and we’re here to help you rebuild and seek the fair compensation you deserve.

Looking For A Car Accident Lawyer Near You?

We’ll fight for the compensation you deserve.

Contact us now Call us now

Contact us now Call us now

How Do Airbags Work?

Airbags are engineered to deploy in moderate to severe crashes to safeguard vehicle occupants. They function by inflating rapidly when sensors detect a collision. These sensors, typically located in the front and sides of the vehicle, measure the force of the impact. If the force exceeds a specific threshold, the airbag’s control system activates an inflator that releases gas, causing the airbag to expand instantly. This rapid inflation creates a protective cushion between the occupants and hard surfaces, reducing the likelihood of intense injuries. The technology aims to provide critical protection during high-impact events and minimize passenger harm.

They are an essential part of a car’s overall safety system. According to the National Highway Traffic Safety Administration (NHTSA), they have saved over 50,000 lives since their introduction in the late 1980s. Properly functioning airbags may lower the risk of significant wounds by absorbing much of the impact, helping to prevent direct contact with the steering wheel, dashboard, or side panels that could lead to grave damage.

Nevertheless, when these systems fail to deploy as intended or activate too late, their protective benefits are compromised, leaving victims exposed to heightened risk and trauma.

How Do Airbags Cause Injuries?

Though intended to prevent injuries, these safety devices can sometimes cause harm, even when functioning as designed. This is mainly true if they deploy too forcefully or if the occupant is seated too close to the steering wheel or dashboard. Injuries commonly caused by airbag deployment include:

• Facial injuries, such as bruises, abrasions, or fractures.
• Burns from the chemicals used in airbag deployment.
• Neck and spine injuries due to the rapid force exerted on the upper body.
• Hearing damage from the loud explosion-like sound of airbag deployment.

In addition to these injuries, these can also cause severe harm to children and small adults, especially if they are not seated correctly or if a child is in the front seat. To reduce the risk of injury from airbags, it’s crucial for all occupants to wear seat belts and for children to be adequately restrained in the back seat.

Airbags can also cause injuries when they malfunction, either by inflating unnecessarily or not. These malfunctions can lead to grave consequences, particularly in high-speed crashes. Check out this Forbes guide for more information on how airbags can harm passengers.

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases.

STEVE J. MALMAN

Founding Attorney

How Do You Know If an Airbag Is Defective?

Assessing whether this safety device is defective can be complicated, but some signs may suggest a problem. This equipment must meet strict safety standards, and any slight deviation could indicate a defect. Common indicators of a faulty airbag include:

• Failure to deploy during a moderate or a more violent crash.
• Deployment during non-crash situations, such as minor bumps or driving over potholes.
• Late deployment, where the airbag inflates too slowly or after the crash impact has already occurred.
• Injuries disproportionate to the accident severity indicate that the airbag might have failed.

Many of these failures are due to issues during manufacturing or design. A well-known example is the Takata airbag recall, which involved millions of vehicles recalled due to faulty airbags that could explode and cause devastating lesions. 

It’s essential to have your vehicle regularly inspected, especially after a minor crash, to ensure the safety system functions appropriately. Follow this guide to check your airbags for potential issues. If any of this is found to be defective, you may have a legal claim against the vehicle manufacturer or airbag supplier.

Proving Fault in Airbag Injury Cases

This process necessitates demonstrating that the safety device malfunctioned and directly resulted in your injuries. It frequently involves intricate investigations into the vehicle’s design, manufacturing process, and crash data to establish a clear link between the defect and your harm. Several parties could be held liable in an airbag injury case, including:

• Vehicle manufacturers: The automaker may be held responsible if the airbag was defectively designed or poorly manufactured.
• Airbag suppliers: Companies that produce airbag systems may be liable if the product is faulty.
• Other drivers: In some cases, another driver’s actions may contribute to the failure of this system, particularly if they caused the crash that led to your injuries.

To successfully prove fault, your car accident attorney will gather evidence such as vehicle inspection reports, crash data, and expert testimony from automotive engineers. If you can establish that the airbag malfunctioned and that this defect caused or worsened your injuries, you may be entitled to compensation for medical bills, lost wages, pain and suffering, and other damages.

Your injuries deserve justice. Contact Malman Law for a free case evaluation.

Working with a skilled personal injury attorney is fundamental in managing complex cases, notably if you or a loved one has been involved and seriously injured in a Rockford, IL, car accident due to a malfunctioning airbag. The attorneys at Malman Law are prepared to advocate for your rights, gather essential evidence, consult with experts, and negotiate with insurance companies. We will hold negligent manufacturers and reckless drivers accountable while pursuing the fair settlement you deserve. Contact us today for a free consultation—we are dedicated to helping you achieve the justice and compensation you need to move forward.