Los Angeles Airbag Injury Attorney
Airbags are primarily designed to prevent injury in moderate to severe frontal or near-frontal crashes. When this type of crash occurs, the airbag system's electronic control unit sends out a signal.
This signal starts a chemical reaction, causing a harmless gas to inflate the frontal airbags in less than 1/20th of a second. Side-impact airbags inflate even more quickly. Because airbags deploy so rapidly, serious injuries can occur if the occupant is too close to one as it inflates.
That is why airbag manufacturers advise sitting as far back from the steering wheel or dashboard as possible and wearing seat belts. It's also why young children and infant restraints should not be placed in front of an airbag.
Most vehicles come equipped with numerous safety features that are designed to minimize the seriousness of your injuries if you become involved in a car accident. However, some of these safety features are not always effective or even functional, including the airbag.
It's not uncommon for a car manufacturer to issue a recall on some of its safety features after discovering that the design is defective. Airbags are a very common recalled safety feature and are often the most dangerous when not functioning properly.
Airbags are essential devices that help ensure safety for drivers and passengers in modern vehicles. Known as a "passive restraint system," airbags work alongside seatbelts to cushion and restrain people in the event of excessive vehicular forces or collisions.
However, just because airbags protect people does not mean they're safe in and of themselves. Airbag accidents do occur, especially when drivers and passengers do not use them properly, or the airbags are not installed well.
While the National Highway Traffic Safety Administration has reported that airbags have saved tens of thousands of lives, the administration has also revealed that airbags have caused many deaths. Airbags are a crucial safety feature in modern vehicles, designed to protect drivers and passengers in the event of a collision. However, airbags are not without risk.
In certain circumstances, they can malfunction, leading to serious injuries or even fatalities. When this happens, affected individuals may be entitled to seek compensation for their injuries, especially if it can be shown that the malfunction occurred due to issues in manufacturing, design, or installation.
At the Injury Justice Law Firm, our attorneys have extensive experience with airbag accidents in California. We conduct thorough investigations to determine whether the accident was preventable and who might be liable to cover the cost of injuries.
How Airbags Malfunction
Airbags are intended to deploy correctly during a collision, but various factors can cause them to malfunction. These malfunctions can lead to serious injuries, including non-deployment, unintended deployment, delayed deployment, overly forceful deployment, and even fragmentation or explosion. It's crucial to be aware of these potential risks.
- Non-Deployment: The airbag fails to deploy in a collision, leaving the occupant without protection.
- Unintended Deployment: The airbag deploys spontaneously, often while the vehicle is in motion and without any collision, leading to potential loss of control.
- Delayed Deployment: The airbag deploys late, potentially exposing occupants to the full force of the impact without the cushioning effect of the airbag.
- Overly Forceful Deployment: Some airbags deploy with excessive force, which can actually cause blunt force injuries rather than prevent them.
- Fragmentation or Explosion: In rare cases, an airbag may explode or fragment upon deployment, releasing metal or plastic shrapnel into the cabin and posing a severe injury risk.
Why Airbags Can Fail
Understanding the underlying causes of airbag malfunctions, which can typically be traced to defects in manufacturing, design, or installation, is crucial. This knowledge empowers you to determine liability and pursue claims against responsible parties, should the need arise.
- Manufacturing Defects: Airbags must be made to exacting standards to function properly. Even small errors in production can lead to serious problems. Common defects in airbags include faulty sensors or wiring, improper inflation mechanisms, and issues with the chemical compounds that control deployment. These defects may remain unnoticed until an accident occurs.
- Design Defects: Design defects often stem from engineering decisions, such as material selection or deployment mechanics. Poorly designed airbags may deploy with excessive force or fail to protect crucial areas like the chest or head. Some airbags lack durability, making them prone to fragmentation upon impact.
- Installation Errors: Proper installation is essential to ensure that airbags function as intended. If airbags are improperly installed or calibrated, they may deploy inappropriately or fail to deploy at all.
How do Airbags Cause Injuries?
Airbags are very complicated, and the smallest change in the way they fold or deploy can result in catastrophic harm. Studies have shown that the following actions or factors associated with airbags can cause harm to drivers:
- Airbag had a manufacturing or design defect.
- Airbags that don't deploy when they should.
- Airbags that deploy with too much force.
- Airbags that deploy on low-impact.
- Airbags that are ripped and release chemicals.
- Airbag that properly deploys but causes serious injuries.
- Airbags featuring an improper installation technique.
- Airbags that do not have the correct warning and usage labels.
- Airbags that are fake or counterfeit.
Design and Manufacturing Defects
Under the law, companies that design, manufacture, distribute, or sell defective products are strictly liable for injuries caused by such defects when the product is used in a reasonably foreseeable manner. This means a plaintiff does not need to prove that the defendant was negligent in order to prevail in a lawsuit.
To win a lawsuit involving a defective airbag in California, a plaintiff must prove the following:
- The defendant designed, manufactured, sold, or distributed the airbag.
- The airbag was defective.
- The defect existed when the airbag left the defendant's possession.
- The plaintiff used the airbag in a reasonably foreseeable manner.
- The defect caused damage or injury to the plaintiff.
Proving a design defect in an airbag will often require expert testimony. This is crucial to establish both what happened during the accident and what should have happened, underscoring the complexity of these cases.
Our law firm will first need to examine all the specific details of the car accident and airbag defects to determine an appropriate strategy for recovering financial compensation.
Common Defenses to Suggest Consumer Liability
In an airbag accident or injury case, the airbag manufacturer will likely attempt to defend themselves by suggesting that the victim had at least partial responsibility for the incident. You may hear arguments such as:
- The customer or another agent did not install the airbag properly.
- The customer acted in a way that contradicted the advice on the warning label.
- The customer removed the warning label.
- The airbag in question was a reused, recycled, or refolded airbag.
- The airbag in question was a cheap counterfeit.
To argue your case successfully, you will need to work with a California personal injury attorney familiar with the nuances, precedents, and current events in the airbag quality assurance field.
Risk Factors that Affect Safe Deployment of Airbag Systems
As it turns out, many factors go into the safe (or unsafe) deployment of an airbag. These factors include:
- Position of the seat.
- Weight and position of the occupant.
- Failure of the airbag sensor system.
- Manufacturer design.
- Airbag inflation volume.
- The way the airbag folds.
- The material inside the airbag.
- The angle the airbag deploys.
- The rate at which the airbag deploys.
- How the airbag vents post-deployment.
What are Common Injuries from Airbag Malfunctions?
Airbag-related injuries vary based on the type of malfunction and the force with which the airbag deploys. These injuries may range from minor to life-threatening and often require substantial medical treatment. Common injuries resulting from airbag malfunctions include:
- Facial and Eye Injuries: Airbags deploy with intense speed, potentially causing abrasions, bruises, and even eye injuries. Fractures to facial bones are also common.
- Burns: The chemical process used to deploy airbags produces heat, which can result in burns to the face, hands, and arms.
- Fractures: The force of airbag deployment can cause fractures, especially to the nose, arms, and ribs.
- Hearing Loss: The loud sound produced during airbag deployment can lead to temporary or permanent hearing damage.
- Neck and Spinal Injuries: Rapid deployment and incorrect positioning of the airbag can lead to whiplash, neck strain, and spinal injuries.
- Traumatic Brain Injuries (TBI): When airbags deploy with excessive force, they may result in head trauma, concussions, or more severe brain injuries—especially if the force causes the brain to jostle inside the skull or causes the skull to make forceful contact with another object.
The medical costs associated with these conditions can be steep. Pursuing maximum compensation with the help of a qualified attorney is the best way to protect you and your loved ones in the days ahead.
Who May Be Liable for Airbag-Related Injuries?
When an airbag malfunction results in injury, determining who is liable can be complex and may require thorough investigation and expert analysis. Potentially liable parties include:
- Vehicle Manufacturers: Car manufacturers are generally responsible for the safety of their vehicles, including all built-in safety features like airbags. If a defect in the design or manufacture of the airbag system causes harm, the vehicle manufacturer may be held liable.
- Airbag Manufacturers: Some automakers outsource airbag production to specialized airbag manufacturers. In cases where a defect in the airbag itself leads to injury, the airbag manufacturer may be liable for damages.
- Dealerships or Repair Shops: If a dealership or repair shop improperly installs or replaces an airbag, they may be held accountable if the error leads to injury.
- Third-Party Parts Manufacturers: In some cases, replacement airbags or components from third-party manufacturers may have defects or be incompatible with certain vehicle models. If a third-party component fails, causing injury, that manufacturer may bear liability.
Airbag accident cases can be serious and complex, involving the possibility of liability on the part of multiple parties. If an airbag malfunction injures you, the best way to ensure you receive the full amount of compensation you deserve is by enlisting the help of a personal injury attorney with plenty of experience in airbag injury cases.
We will examine all the evidence to determine what caused the injuries. Economic damages could include medical expenses, reconstructive surgery, lost income, disability accommodations, and property damage.
Potential non-economic damages include pain and suffering, emotional trauma, loss of consortium, and scarring and disfigurement. An airbag incident can be a devastating one. For a protective element of your vehicle, an airbag can cause catastrophic harm.
If you or a loved one has sustained injuries associated with an airbag, it's time to fight to protect your future. Injury Justice Law Firm is a personal injury law firm serving victims throughout Southern California. We offer a free case evaluation.
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