Can You Get Compensation for Airbag Injuries?
Vehicle airbags are designed to save lives. In many car accidents, they do exactly that.
Unfortunately, when it is engaged, an airbag can cause injuries rather than prevent them. Whether from a defect, improper deployment, or the sheer force of impact, these injuries can lead to serious medical problems and financial burdens.
If you were injured by an airbag, you may wonder if you can get compensation, and the answer is yes… in certain situations.
Understanding How Airbags Can Cause Injury
Although airbags are a crucial safety feature in modern vehicles, they are not without risks.
When deployed, an airbag inflates with explosive force in a fraction of a second. This rapid inflation can cause injuries such as facial fractures, eye damage, burns, or even internal injuries. In other cases, the airbag might fail to deploy at all, which could worsen the outcome of an accident.
Airbag injuries are more common in certain situations. Shorter drivers, individuals sitting too close to the steering wheel, or passengers not wearing seat belts face a higher risk.
Children and small adults seated in the front can also suffer more severe injuries due to their size and proximity to the airbag.
When Can You Be Compensated for an Airbag Injury?
Not every airbag-related injury justifies a legal claim, but some do.
The key question is whether negligence, defect, or misconduct contributed to the injury. If the airbag deployed with excessive force, failed to deploy in a qualifying crash, or deployed without a collision, these scenarios could point to a manufacturer defect.
Vehicle manufacturers have a legal obligation to produce reasonably safe products. If an airbag is defective by design or due to a manufacturing flaw, the injured party can seek compensation by filing a product liability claim. In other situations, the car dealership or repair shop might be responsible if improper maintenance or part replacement caused the malfunction.
Even if the airbag worked as intended, the injury may still be compensable as part of a broader car accident claim. For example, if another driver caused a crash, you could pursue a personal injury claim against them and include the airbag injuries in your overall damages.
Building a Case for Airbag Injury Compensation
To seek compensation, you must show that the airbag caused harm beyond what would be expected in a typical crash. This often involves gathering evidence such as medical records, photographs of the injuries, and expert analysis.
In cases involving defective airbags, engineering or product safety experts may help identify what went wrong.
In some instances, the claim may target well-known manufacturers who have issued recalls for faulty airbags. The Takata airbag recall, for instance, involved millions of vehicles with airbags that could explode on deployment, sending shrapnel into occupants. If your injury was caused by a recalled airbag, you may have a stronger claim.
Proving your case also means demonstrating the extent of your losses. This compensation can include coverage of medical bills, lost wages, future medical treatments, pain and suffering, and other damages linked to the airbag injury.
The more clearly you can show that the airbag contributed to your injuries and losses, the more compelling your case becomes.
Time Limits and Legal Steps
Like most personal injury claims, airbag claims have time limits known as statutes of limitations.
In most states, you must file a claim within two to three years from the injury date. Waiting too long can mean losing your ability to recover compensation, even if the facts are on your side.
A personal injury attorney can help you navigate this process, investigate your accident, determine liability, deal with insurance companies, and fight for the best possible outcome. This is especially important if you’re facing a large car manufacturer or supplier with a strong legal defense team.
In cases where a fair settlement can’t be reached, your attorney can prepare your case for court.
Litigation may involve depositions, expert testimony, and a detailed review of the evidence. While most claims are settled outside of court, being ready for trial can sometimes lead to a better settlement offer.
Why Airbag Injury Claims Can Be Challenging
Airbag injury cases are not always straightforward. For one, airbags are generally considered a safety feature, so there’s often a presumption that they did more good than harm.
Insurance companies will often try to argue that your injuries were caused by the crash itself, not the airbag.
In defective product cases, manufacturers often deny wrongdoing and may claim their airbags met federal safety standards. They may also argue that you or the injured party contributed to the problem by sitting too close to the airbag or not wearing a seatbelt.
Proving a link between the airbag and the injury sometimes requires detailed biomechanical or forensic analysis as well. These investigations can be time-consuming and expensive, so it’s essential to have strong legal and expert support.
Airbags are vital in protecting drivers and passengers during collisions, but they’re not foolproof.
When an airbag causes or worsens an injury, you may be entitled to compensation, especially if a defect or another party’s negligence was involved. At Belsky & Horowitz, LLC, we know that pursuing a claim can help you recover medical expenses, lost wages, and other damages, but these cases require strong evidence and a clear understanding of liability.
If you believe an airbag caused your injury, it’s important to speak with one of our personal injury attorneys as soon as possible. With the right legal support, you can better understand your rights, identify the responsible parties, and take action to seek fair compensation.
