There is no way to determine the average settlement for airbags not deploying. The accident, settlement and verdict is different in each case. The exact amount you qualify to recover will depend on your specific injuries, expenses, and other losses.
If you suffered more severe injuries because your airbag did not work properly, you may want to work with an attorney who can evaluate your case. Our team could uncover evidence to support your claim and fight for your financial recovery.
What Determines the Value of a Defective Airbag Case?
Many factors will affect the settlement or award value in a defective airbag case. These include:
- The severity of the accident and injuries
- The cost of your treatment and losses
- How much the airbag contributed to your injuries
- What happened to the airbag
- What caused the crash and other factors
An attorney from our firm can put a fair settlement value on the case. We will also investigate what happened to cause the crash and the role the defective airbag played. Our lawyers have experience with these cases and can help you determine how much to demand from an insurer or the liable parties.
Wrongful Death Damages May Differ in Some States
In some cases, the victim may have succumbed to their car accident injuries. If your loved one died in a crash involving a defective airbag, an appointed representative may be able to:
- File a claim
- Pursue damages based on the state’s wrongful death laws
- Hold the airbag manufacturer or car company accountable
- Recover a settlement or court award for the allowable losses
Wrongful death laws differ in some areas. For example, Alabama does not allow compensable damages in these cases. Instead, victims’ families can only recover punitive damages.
For a free legal consultation, call (800) 537-8185
Are There Times When Airbags Should Not Deploy?
Airbags only deploy under specific circumstances. For example, they may not activate if the speed, impact direction, and other crucial requirements are not met. As such, just because an airbag didn’t deploy doesn’t mean it’s defective.
Other circumstances when a vehicle’s airbags should not deploy include:
- When the crash should not be severe enough to require an airbag to protect vehicle occupants, such as a low-speed fender bender
- When a smaller passenger or child is in the passenger seat, or the passenger seat is empty (Cars are often equipped with sensors to recognize these scenarios.)
- When the impact of the crash does not affect an area of the car with an airbag sensor
In some situations, a deploying airbag can cause more serious injuries than no airbag at all – though most are designed not to activate when this could be the case. However, sometimes the airbag is defective, or there is an issue with the car that prevents it from deploying.
Are Airbags Required in All Vehicles?
Airbags are essential safety equipment in most cars. According to the National Highway Traffic and Safety Administration (NHTSA), airbags saved 50,457 lives between 1987 and 2017. Since the 1990’s, federal standards have required dual front airbags in every vehicle manufactured and sold in the United States.
Dual front airbags protect the driver and the front-seat passenger from striking the dash, keeping them from suffering more severe injuries. Many new cars now have both front and side airbags.
Proving Liability and Recovering Compensation in a Defective Product Case
If you can prove that your injuries would be much less serious or would not exist if your airbag deployed properly, you may have a claim against the car manufacturer or airbag company.
Most states allow victims to hold the manufacturer of a dangerous or defective product “strictly liable” for any injuries they cause. This means they are legally responsible for any resulting injuries regardless of their knowledge of the issue or whether the victim can prove exactly what caused the defect.
In general, there are three types of defects that support these claims:
- Defective design
- Manufacturing defects
- Inadequate or poorly worded instructions and warnings
Deadlines for Filing a Defective Airbag Lawsuit
If your airbag didn’t deploy when it should have, you could sue the car or airbag manufacturer. However, there are deadlines for taking this action:
- Two years in Alabama ( Code § 6-2-38)
- Three years in Arkansas ( Code Ann. § 16-56-105)
- One year in Louisiana ( Civ. Code Art. 3492)
- Three years in Mississippi ( Code Ann. § 15-1-49
You could have even less time in some cases, which is why we encourage you to reach out for legal support as soon as possible.
Speak With Morris Bart, LLC About Your Crash Case Today for Free
The Morris Bart law firm offers free consultations for traffic accident victims across the Gulf South. When you reach out, we will review your case and explain your legal options at no cost to you or your family. Additionally, we are a contingency fee law firm, so you owe nothing upfront.
Call (800) 537-8185 now to talk to a lawyer from our team.
Questions?Call (800) 537-8185
to find a Morris Bart office near you.