Airbags are designed to protect drivers and passengers during car accidents. When an airbag fails to deploy, it can lead to serious injury or even death. If you’ve been involved in a crash and your airbags did not deploy, you might be wondering if you can sue the car manufacturer or another party. In this article, we’ll explore the possibility of suing for airbag failure and provide a step-by-step guide on how to approach a case like this.

What Are Airbags and How Do They Work?

Airbags are safety devices that inflate rapidly in the event of a collision. They are part of a vehicle’s overall safety system, designed to reduce the risk of serious injuries by cushioning the impact. Airbags are typically located in the steering wheel, dashboard, side panels, and even in the seats. When a car crashes, sensors in the vehicle detect the force of the impact. 

Why Might Airbags Fail to Deploy?

Airbags are not perfect and can sometimes fail to deploy in the event of a crash. There are several reasons why airbags might not activate, including:

  • Sensor Malfunctions: Airbags rely on sensors to detect the severity of a crash. If these sensors malfunction or fail to detect the impact, the airbags may not deploy. This can happen due to electrical issues, faulty wiring, or damage to the sensors in previous accidents.
  • Software Errors: Modern vehicles use complex software to control airbag deployment. A glitch or bug in the software could prevent the airbags from inflating, even in the event of a serious crash.
  • Inadequate Impact Force: In some cases, airbags are only designed to deploy in moderate to severe crashes. If the impact force is too low, the sensors may not trigger the airbags. This could happen in low-speed collisions, where the impact is not considered significant enough to activate the airbags.
  • Manufacturing Defects: Sometimes, airbags fail to deploy due to defects during the manufacturing process. A defect in the airbag module, sensor, or wiring could prevent the airbags from functioning properly.
  • Previous Vehicle Damage: If a vehicle has been involved in a prior accident and the airbags were deployed, the airbag system may have been compromised. In some cases, the system might not be properly reset or repaired, causing a failure during future crashes.

Understanding why airbags might fail to deploy is essential, as these failures can impact your safety and potentially play a key role in determining liability after a crash.

Can You Sue for Airbags Not Deploying?

If you’ve been injured in an accident and your airbags did not deploy, you may have the right to take legal action. There are several possible parties that could be held responsible, depending on the cause of the airbag failure. Parties who may be held responsible include:

  • The Car Manufacturer: If the airbag failure was caused by a defect in the design, manufacturing, or installation of the airbags, the car manufacturer could be held liable. This type of lawsuit is called a product liability claim. In this case, you would need to prove that the airbag system was defectively designed or manufactured and that the defect led to your injury.
  • Airbag Supplier or Manufacturer: In some cases, the airbags are supplied by a third-party company, not the car manufacturer. If the airbag itself was defective, the supplier or manufacturer of the airbag could be responsible. Product liability claims can be complex, so it’s important to work with an experienced personal injury lawyer to identify the responsible party.
  • A Dealership or Auto Repair Shop: If the airbag system was improperly serviced, replaced, or reset after a previous accident, the shop or dealership that performed the work could share liability.

An experienced attorney can help you figure out who to hold responsible and how to do so.

What To Do if Your Airbags Don’t Deploy

If your airbags fail to deploy during a crash, there are several steps you should take:

  • Seek Medical Attention: Even if you don’t feel injured immediately, it’s important to get checked by a healthcare professional. Airbag deployment may prevent visible injuries, but internal injuries can still occur.
  • Document the Incident: Take photos of your vehicle, the damage, and any areas where the airbags should have deployed. This will serve as evidence if you decide to pursue a legal claim.
  • Preserve the Vehicle: Keep the vehicle in the same condition as it was after the accident. This is important for inspection and to identify any possible defects in the airbag system.

If your airbags fail to deploy and you suffer injuries as a result, you may be entitled to compensation. You can sue the car manufacturer, airbag supplier, or even the auto repair shop, depending on the circumstances. Consulting with a personal injury lawyer is crucial to understanding your legal rights and ensuring that you receive the compensation you deserve. Don’t hesitate to take action if you believe that a defective airbag system contributed to your injuries.