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Who's to Blame When an Airbag Failure Causes Injuries?

  • By Craig Kidwell
  • 23 Jul, 2020
Did you know that airbags have saved approximately 50,457 lives between 1987 and 2017? Unfortunately, airbags don't always work as intended during crashes, leading to injuries, loss, pain, and car damages. This safety technology failure begs two critical questions: Who is responsible for the injuries that occur due to an airbag failure? How do you pick the right defendant and prove liability?

Who Are the Potential Defendants?

The first and most obvious party that could be responsible is the carmaker. If the manufacturer designed or installed inappropriate or defective airbags, you can file a claim against them under the products liability doctrine. Carmakers are required to rigorously test their auto-parts to ensure they're reasonably fit for their intended purpose.

Additionally, if an automaker discovers that their airbags do not comply with the Federal Motor Vehicle Safety Standard 208, they are required to recall and fix them immediately. If they fail to do so, they could be held strictly liable. Strict liability means the automaker will be required to bear the expenses associated with the mishap even if you have no proof of negligence.

If the automaker outsources the design, development, and assembly of their airbags, you can file lawsuits against the business or individual that supplied your airbags. Besides the automaker and the airbags supplier, you could also file a claim against the car distributor who sold you the car for the fault or failure to detect it. You can also sue the airbag specialist who repaired or reinstalled your airbags.

How Do You Pick the Defendant and Prove Liability

If you believe or suspect that you incurred injuries or property damages due to an airbag malfunction, take the following measures to identify the responsible party and prove liability.

Confirm the Injuries Occurred Due to an Airbag Defect

Visit a licensed physician to find if the airbag failure caused the injuries. If the physicians confirm that the fault caused the injuries, ask them to put their opinion and medical findings in writing. You'll use the report as evidence to prove liability.

Find Out Why the Airbags Didn't Deploy

Airbags can fail to deploy when they should do so due to several reasons. Below are some of them:

  • Faulty or substandard sensors
  • Faulty components or improper installation
  • Faulty or incorrect wiring

Consult with a knowledgeable airbag expert or a seasoned auto mechanic who can guide you and identify the real reason why the airbags failed to deploy.

Consult a Lawyer

An experienced attorney can determine which party was negligent and sue them. The lawyer will also help you determine if two or more parties were negligent. A seasoned advocate can also gather the necessary evidence to prove the defendant was at fault. You may also seek relevant legal advice from the lawyer throughout the litigation process.

File Your Lawsuit or Claim

Once you have reliable evidence that you may need and identify the responsible party, file your claim. Make sure you submit the claim or initiate a lawsuit before the statute of limitations runs out.

Most people struggle to pick the responsible party after a car crash that involved defective airbags. The legal procedures can also be overwhelming. Luckily, the guide provided above can help you focus in the right direction. Ensure you implement the tips.

If you were injured or incurred large costs due to defective vehicle safety features, our reputable and talented attorneys could help you secure compensation. We help you gather strong evidence, identify the liable party, file a formal claim, and make sure you get a reasonable settlement. Contact us right away for legal assistance, and we’ll help you get the compensation you deserve.

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