Whether you cause or are a victim of an auto accident, you expect your airbags to deploy and protect you and any passengers in your car. However, airbags do not always deploy in a crash. If your airbags were not deployed during a car collision, you and your passengers could sustain serious and fatal injuries. You may have a claim against the airbag manufacturer in some situations.
But, you will almost always need to seek compensation from the motorist who caused the vehicle accident. Contact RSH Legal – Iowa Personal Injury Lawyers to learn more.
Who is liable when airbags do not deploy?
Following the accident, you must determine who was responsible for the accident and your injuries. If the other driver was acting negligently, they would be held liable for any losses you suffered. You may be able to seek compensation for any injuries related to the accident, depending on your state. But, if your airbags failed to deploy and you had additional injuries, the car or airbag manufacturer may be held accountable for your losses.
How can you establish liability when airbags fail to deploy during an accident?
To file a claim against a manufacturer for incorrectly deployed airbags, you must prove the following:
- The airbags in your vehicle should have deployed during the crash but did not.
- Because the airbags were malfunctioning, they did not deploy.
- You were injured as a result of the airbags failing to deploy.
- Your injuries as a result of the airbag failure resulted in damages.
When should airbags deploy?
In moderate to severe accidents, side, and frontal airbags should deploy. They may occasionally deploy in small collisions, but they are not intended to activate in all collisions. Airbags should be combined with seat belts to protect you in a collision. They prevent your head or upper torso from striking the inside of your car.
Since these elements can differ from accident to accident, you and your lawyer must investigate your unique case. Furthermore, airbags do not deploy in every crash, so you must show that your airbags should have deployed but did not.
How can you gather evidence for your car accident case?
You will need to gather evidence to support your claim that the car or airbag supplier or manufacturer was negligent in causing your accident injuries. Your lawyer will almost certainly rely on expert testimony from medical experts, product designers, or engineers to demonstrate that an airbag should have been deployed.
Must Read: 7 Most Common Types of Brisbane Car Repair Service
