When we think about airbags, the first thing that usually comes to mind is safety. Designed as a critical component of automotive safety measures, airbags are meant to protect drivers and passengers during a collision and reduce the risk of severe injuries. The National Highway Traffic Safety Administration estimates that frontal airbags have saved over 50,000 lives in 30 years.
However, airbags can also be the source of injuries in the event of a car accident. The deployment of an airbag is a violent eruption of force that is capable of causing injuries like burns, cuts, or in worse cases, concussions, fractures, or even chemical burns from the substances used to deploy the airbag.
If you have been affected by airbag injuries from a car accident, it is essential to take the right steps following the incident. At David R. Price, Jr., P.A., we help individuals navigate these complex situations, in order to help them secure the compensation and care they deserve.
How Do Airbags Work in a Car Crash?
Airbags are designed to deploy rapidly in the event of a collision, cushioning the impact experienced by passengers. When a car gets into a crash, sensors within the vehicle quickly detect the sudden change in speed and force of impact. These sensors are like the car’s nerve center, deciding when the situation is severe enough to require extra protection. Once these sensors trigger, they send a signal that instantly activates the airbag system.
The airbag itself is folded neatly inside compartments such as the steering wheel, dashboard, or doors. Upon activation, an inflator mechanism produces a gas, filling the airbag and causing it to expand rapidly. This all happens within 25 to 50 milliseconds after the collision starts.
As the airbag inflates, it provides a cushion between the passenger and hard surfaces of the car’s interior, like the steering wheel or dashboard. This cushioning helps absorb the energy of the impact, reducing the risk of serious injuries to the head and upper body.
Yet, despite these protective measures, airbags sometimes cause injuries. This can be due to the sheer speed of the airbag deployment, the angle at which a passenger contacts the airbag or issues like manufacturing defects or improper maintenance.
What Are Common Injuries From Airbags?
The location and severity of these injuries vary depending on several factors, including the vehicle’s speed, where you are seated, the angle of impact, and your distance from the airbag. Common airbag injuries include:
Head and Facial Injuries
- Concussions, Head or Traumatic Brain Injuries: The force of an airbag can cause head injuries ranging from mild concussions to more severe brain injuries.
- Facial Fractures and Eye Injuries: The face can absorb a significant impact from an airbag, leading to facial fractures or eye injuries, which are painful and may require extensive medical treatment.
Chest and Upper Body Injuries
- Rib Fractures and Chest Contusions: The chest area can sustain injuries such as rib fractures and contusions, which are common due to the pressure and force of airbag deployment.
- Internal Injuries: More severe impacts can cause internal injuries, affecting the lungs and heart.
Burns, Cuts, and Chemical Irritation
- Friction Burns from Airbag Fabric: The rapid deployment causes heat, leading to possible friction burns from the fabric of the airbag.
- Chemical Burns: Chemicals used to initiate the deployment can cause respiratory and skin irritations.
Wrist, Arm, and Hand Injuries
- Broken Wrists from Impact Force: Arms and wrists can break from impact with the deploying airbag.
- Sprains, Dislocations, and Nerve Damage: The force can also result in sprains, dislocations, and even nerve damage in the arms and hands.
Who Is Liable for Airbag Injuries?
Determining liability for airbag injuries can be quite complex, as it often depends on the specific circumstances surrounding each incident. Here are the main parties that might be held liable:
Vehicle Manufacturers
If an airbag injury results from a design flaw or a defect in the airbag system itself, the vehicle manufacturer may be held responsible. These cases typically involve proving that the airbag was inherently dangerous when it left the manufacturer and that it failed to perform as safely as an ordinary consumer would expect.
Auto Repair Shops
Responsibility can also fall on auto repair shops, especially if the airbag system was recently serviced or repaired. If a shop installed or maintained the airbag improperly, and this led to its failure during an accident, the shop could be liable for any resulting injuries.
Negligent Drivers
In scenarios where a driver’s actions lead to a collision that causes the airbag to deploy, that driver could potentially be held liable for airbag injuries if their negligence caused the accident.
When Can You File a Legal Claim for an Airbag Injury?
When deciding whether you can file a legal claim for an airbag injury, it’s important to understand a few key factors that determine your eligibility for pursuing legal action.
Firstly, you need to prove that the airbag malfunctioned. This could mean that the airbag deployed with too much force, deployed at the wrong time, or didn’t deploy at all when it should have. Evidence of a malfunction could be based on witness testimonies, expert analysis, or a history of similar issues reported with the same model of the airbag.
Secondly, you’ll need to determine if the airbag’s deployment was due to a defect or improper installation. For instance, if an airbag had a known defect—such as those often cited in recalls—you may have a strong case against the manufacturer. On the other hand, if the airbag was improperly installed by a repair shop, the liability might rest with the service provider.
Additionally, consider the timeline of the incident related to any airbag recalls. Manufacturers are typically held responsible for the safety of their products, and if your injury was related to a defect that should have been corrected via a recall, the manufacturer could be liable.
Filing a claim requires gathering substantial evidence and possibly expert testimony to support your case. We recommend that anyone who has experienced an airbag deployment injury consult an experienced personal injury lawyer. They can provide the necessary guidance and help you understand the strength of your claim and the steps you need to take next.
Can You Avoid Airbag Deployment Injuries?
Although airbags are designed to reduce the severity of injuries, airbags alone will not prevent injuries. There are a few things to remember about airbags to increase their effectiveness:
- Use your seat belt.
- Maintain as much distance as possible between your body and the steering wheel, dashboard, and windows. The minimum recommended space is 10″.
- Children aged 12 and younger should sit in the rear seating areas. Use appropriate booster or car seats.
- You should not place a rear-facing infant car seat in the front seat or front of the airbags.
- Consider using an airbag on/off switch if shorter or elderly passengers ride with you frequently, as they are more likely to sustain injuries from airbag deployment.
- Some passengers like to prop their feet on the dashboard or lean against windows. Those positions are dangerous, and you shouldn’t allow them in your car.
Compensation Available After an Airbag Injury
Below, we explore the forms of compensation that may be available to those who have sustained injuries after airbag deployment.
- Medical Expenses: This can cover everything from emergency room visits and hospital stays to follow-up treatments, medication, and any specialized medical equipment needed for your recovery.
- Lost Wages: If someone is unable to work while they recover, they can seek compensation for the wages they lose during that period. If the injury affects a person’s ability to earn a similar income in the future, they might also be eligible for compensation for future lost earning potential.
- Pain and Suffering: Beyond the visible injuries, airbag accidents can cause significant pain and emotional distress. An injured person can claim compensation for the physical pain and psychological suffering caused by the accident.
- Rehabilitation Costs: Some injuries might require physical therapy or other forms of rehabilitation to regain full mobility and functionality. These future costs can also be recovered.
- Punitive Damages: In cases where the injury was a result of egregious negligence or intentional misconduct, punitive damages might be awarded as a way to punish the wrongdoer and deter similar actions in the future.
Steps to Take After an Airbag Injury
If you’ve suffered an injury from an airbag during a car accident, taking the right steps immediately can make a significant difference in your recovery and any legal claims you might pursue. Here is what you should do.
- Seek Medical Attention: Your first priority should be to get medical help, even if you think your injuries are minor. Some airbag-related injuries, like internal damage or concussions, might not be immediately apparent.
- Document Your Injuries: Take detailed notes and photos of your injuries and the accident scene if possible. These can be vital for medical records and any future legal actions.
- Keep Medical Records: Save all documents related to your medical treatments, including hospital visits, prescriptions, and follow-up care. These records are crucial for demonstrating the extent and impact of your injuries.
- Contact an Experienced Personal Injury Attorney: Consult with an attorney who specializes in airbag injuries and car accidents. They can provide valuable guidance on your legal rights and the potential for compensation.
Why Choose David R. Price, Jr., P.A. to Assist With Your Airbag Injury Claim?
Choosing the right legal representation is crucial when dealing with the complexities of airbag injury claims. Here’s why David R. Price, Jr., P.A. is the right choice for your case:
1. Experienced Legal Team
We understand personal injury law, including specific issues related to car accidents and airbag injuries. Our team has handled numerous cases, giving us the insights and practical experience needed to navigate these complex claims.
2. Proven Track Record
We have successfully resolved personal injury claims in South Carolina since 2006, with several settlements exceeding $1 million.
3. Client-Centric Approach
Our goal is to make your journey through the legal system as smooth and stress-free as possible, keeping you informed and involved at every step.
4. Accessibility and Support
Our team is always accessible to answer your questions and provide support. We understand the challenges you’re facing, and we’re here to help you every step of the way.
FAQs About Airbag Injuries From Car Accidents
+ Are airbags mandatory in the U.S.?
U.S. laws require American vehicles to have front airbags. Although side airbags aren’t mandated, many manufacturers include them in new vehicles.
+ Can airbags cause more harm than good?
Sometimes. While airbags are primarily designed to protect you during a crash, in certain situations, they can cause injuries. This depends on factors like your seating position, the severity of the crash, and whether the airbag system functions as intended.
+ Are older airbags more dangerous?
Older airbags can potentially be more dangerous because materials degrade over time, and the technology may not meet current safety standards. It’s important to have your vehicle’s airbag system checked regularly, especially if it’s an older model.
+ What if my airbag didn’t deploy in a crash?
Because airbags pose their own dangers, they are not designed to deploy in every crash. Depending on the type of collision, if your airbag didn’t deploy during a crash, it might be due to a malfunction or defect. In such cases, it’s important to investigate why it happened, as you might have grounds for a claim against the manufacturer or another party if the airbag was faulty.
Get Legal Help for an Airbag Injury Claim
If you have suffered airbag injuries in a car accident, contact David R. Price, Jr., P.A., for a free case evaluation. Our lawyers are ready to help you understand your rights and options. Contact us at 864-271-2636 to request a free consultation.