Airbags can minimize injuries when a car accident occurs -- that is, when they deploy. Sometimes airbags fail to open when they're supposed to, which can result in drivers and passengers experiencing greater bodily damage than they would have if the airbags had worked like they were supposed to. It is possible to recover money for medical bills and other expenses associated with your injuries, but here are two issues that must be dealt with if you hope to win your case:
Pinpoint the Cause of the Airbag Failure
The most challenging obstacle you'll face when litigating this type of accident case is determining what caused the airbag failure. The source of the problem will determine who you will hold responsible for compensating you for your losses. For example, if the failure was the result of a manufacturer's defect, then you would have to sue the vehicle's maker. On the other hand, if the airbag didn't deploy because of something that occurred during the accident, then the negligent driver who caused the collision would be on the hook for damages.
While there are any number of things that can cause airbags to malfunction, the problem will most likely be the result of one or more of the following issues:
- Defect in the airbag module
- Poor product design
- Problem with the electrical system
- Defects introduced during assembly
- Defective sensors
- Recent auto repairs
Uncovering the culprit will often require the assistance of professionals who can conduct the appropriate testing and research needed to determine what caused the failure. A personal injury attorney can help you connect with the right people, so it's best to consult with one as soon as you can manage it.
Connect Your Injuries to the Airbag Failure
To obtain a positive outcome in your case, you'll need to clearly connect your injuries to the airbag's failure to open. This can be tricky because, depending on the severity of the accident, there may be an expectation that you would've been injured regardless of whether the airbag deployed or not. In those cases, you would need to prove the failure caused your injuries to be worse than they otherwise would've been had the appliance worked correctly.
You'll need the assistance of medical professionals and experts knowledgeable about accident injuries who can help you tie the airbag malfunction to your injuries. Again, an attorney can help you locate the right people and obtain the reports and testimony needed to prove your case.
For more information about suing for airbag deployment failure or help with an auto accident case, contact a car accident lawyer in your area.