Can You Sue If Your Airbags Didn’t Deploy in a Crash?
Imagine driving home after a long day. Suddenly, another car hits you, and your vehicle jolts to a stop. You brace for impact, expecting the airbags to deploy and protect you—but nothing happens. It’s a terrifying situation, and it leaves you wondering, “Why didn’t the airbags deploy? Can I sue?”
At The Leach Firm, P.A., we’ve worked with countless clients in Florida and Georgia who’ve faced injuries from airbag failures. We know how these incidents can turn your life upside down—physically, emotionally, and financially. Our team is here to help you understand your options and pursue justice.
Reasons for Airbag Non-Deployment
Airbags are meant to protect you during a crash, but they don’t always function as they should. Here are some common reasons why airbags might fail to deploy:
Defective Airbags
Sometimes, the airbags themselves are flawed—either due to manufacturing defects or poor design. These issues can prevent the airbags from inflating during a crash, leaving you unprotected.
Faulty Sensors
Modern cars use sensors to determine when airbags should be deployed. If these sensors, like impact or seat position sensors, malfunction, the airbags might not activate as they should.
Improper Installation or Maintenance
If an airbag system isn’t installed correctly or hasn’t been maintained, it could fail to work when you need it most. Dealerships or mechanics responsible for repairs may bear some liability.
Low-Speed Collisions
Airbags typically deploy only in moderate to severe crashes. If the collision is below a certain speed threshold, the system may determine deployment isn’t necessary, even if you still sustain injuries.
System Deactivation
Some vehicles have manual switches that let drivers deactivate airbags. If this switch is accidentally turned off, the airbags won’t deploy during an accident.
Previous Accidents
Airbags are built for single use. If your car has been in a previous crash and the airbags deployed, they won’t work again unless they’ve been properly replaced.
Liability in Airbag Failure Cases
Potential Defendants
- Vehicle Manufacturer: If the car itself has a defect, the manufacturer may be held accountable.
- Airbag Manufacturer: In cases where the airbag system is faulty, the company that made the airbags could share liability.
- Parts Suppliers: Defective components supplied by third-party vendors might contribute to the failure.
- Dealership or Mechanic: If improper installation or maintenance is to blame, the dealership or mechanic could be responsible.
Legal Theories
To pursue a claim, you’ll need to rely on specific legal theories:
Product Liability
Under Florida’s strict liability laws, manufacturers can be held accountable for defective products, even if they didn’t act negligently.
Negligence
If a party failed to exercise reasonable care—such as a mechanic performing shoddy repairs—they could be held liable for your injuries.
Breach of Warranty
Vehicle and airbag manufacturers often provide warranties. If the airbags didn’t perform as promised, they may have breached those guarantees.
Proving Your Case
Building a strong case requires solid evidence. Here’s what you’ll need:
Preserve the Vehicle
Don’t repair or dispose of your car before consulting a lawyer. The vehicle is key evidence that experts can examine to identify what went wrong.
Accident Report
A police report can help establish what happened during the crash. It often includes vital details like the point of impact and road conditions.
Medical Records
Your medical records should clearly link your injuries to the airbag’s failure to deploy. This documentation is critical for calculating damages.
Expert Witnesses
- Accident Reconstruction Experts: They can analyze the crash to determine why the airbags didn’t deploy.
- Biomedical Engineers: These experts assess whether the airbag system was defective.
- Medical Experts: They can testify about how your injuries were worsened by the airbag failure.
- Black Box Data: Modern vehicles often record crash data, such as speed and impact force, which can provide insights into what went wrong.
The Legal Process
Here’s what you can expect if you decide to pursue an airbag failure lawsuit:
- Initial Consultation: Meet with an attorney to discuss your case and potential options.
- Investigation and Evidence Gathering: Your lawyer will collect evidence, consult experts, and review the vehicle’s history.
- Demand Letter: A formal request for compensation will be sent to the responsible parties.
- Filing a Lawsuit: If a settlement isn’t reached, your lawyer will file a lawsuit on your behalf.
- Discovery: Both sides exchange information through depositions, interrogatories, and document requests.
- Mediation or Settlement Negotiations: Most cases settle before trial, but your lawyer will be prepared to negotiate.
- Trial: If necessary, your case will go to court, where a judge or jury will determine the outcome.
Florida Airbag Injury? The Leach Firm Can Help
If you’ve been injured because your airbags didn’t deploy, don’t wait to take action. Florida has a four-year statute of limitations for personal injury claims, so time is critical.
At The Leach Firm, P.A., we’ve helped clients just like you hold manufacturers and other parties accountable. Our team is ready to fight for the compensation you deserve.
Call us today at 844-722-7567 or visit our Contact Us page to schedule your free consultation. Let us help you focus on healing while we handle the legal side of things.
