Airbag Injury Lawsuit in 2024 | How to Prove an Airbag Injury
Car accident victims dealing with asthma or other breathing issues could also experience serious medical problems if the airbag deploys. Although the chemicals that are used to deploy airbags have changed over time, anyone riding in an older vehicle may be exposed to those hazardous chemicals. Filing an airbag injury lawsuit will help you recover the damages you suffered from an airbag. However, you need to confirm the injuries occurred due to an airbag defect.
Key facts you must know
- Airbag technology existed since the 1950s, but as late as 1984, most of the automakers were strongly opposed to them.
- Today, more than 190 million vehicles in the U.S. are equipped with airbags.
- However, there was a time when automakers were skeptical of airbag technology and thought that airbags would discourage people from using seat belts.
Common airbag injuries
- Cervical spine fracture.
- Concussion.
- Difficult breathing.
- Eye injuries.
- Facial trauma.
- Friction burns and abrasions.
- Hematoma/Hemorrhaging.
- Orbital fractures.
- Retinal detachment.
- Skull fractures.
- Whiplash.
Airbag Recalls
In 2013, Toyota announced the recall of several models because of the problems with the installation of the airbag (The Takata Corporation was the supplier of these airbags).
Nevertheless, the Japanese airbag manufacturer is now at the center of a global recall that has affected millions of vehicles and more than eight different vehicle manufacturers, such as:
- BMW
- Chrysler
- Ford
- Honda
- Mazda
- Nissan
- Toyota
- General Motors
The NHTSA has also launched an investigation program into the manufacturer after finding six reports of airbag inflator ruptures. In accordance with Takata, the airbag inflators blast the bags out with high force, pushing metal fragments toward vehicle occupants.
Honda is well-aware of approximately two deaths related to these faulty airbags. However, the NHTSA says six incidents of ruptured bags and three injuries. They also confess that most of these incidents occurred in high humidity areas.
To see if the airbags in your vehicle are recalled and to get them fixed, follow these steps to get an airbag injury claim.
- Check for recalls using your vehicle identification number (VIN).
- Bring your vehicle to your local dealer. By doing this, your airbags will get repaired or replaced for free.
- Sign up for a recall alert (about all future recalls affecting your vehicle).
How do airbags cause injuries?
Airbags are dangerous for various reasons. After all, there are many airbag inflators that contain sodium azide (a chemical substance). This substance forms the gas that is used to inflate the airbag. Therefore, when the airbag deploys, the sodium azide should convert to nitrogen gas as nitrogen gas is not harmful. However, if the sodium azide escapes the airbag, it forms a chemical called hydrazoic acid. These types of released sodium azide and hydrazoic acid are both toxic. If you accidentally inhale any of these substances, it will increase your chances of becoming ill. Getting in touch with a reputable injury lawyer near you can provide you with professional assistance to make your airbag injury lawsuit stronger.
Moreover, the basic laws of physics also account for why airbags cause injuries. For example, the airbag of the driver’s seat is located in the horn pad of the steering wheel. This position is firmly between the parts of the wheel that the driver grips with both hands. As a result of which, a driver may experience injuries to the arm or wrist when the airbag deploys.
Airbags that perform accurately are rapidly deployed with explosive force. However, if a driver is not using a lap seat belt or a shoulder seat belt, the speed of the deployment causes several injuries to the driver. It causes mild burns to as serious as detached retinas and impacts deaths.
Can I file an airbag injury lawsuit?
If the airbag of your vehicle worked accurately and you suffered a minor injury, you cannot sue for the damages. This is because the airbag somehow prevented you from suffering a more serious injury.
However, to recover damages from your airbag injury lawsuit, you need to prove that the airbag was defective. For example, the airbag failed to deploy when it should have or the airbag deployed when it should not have. Hiring experienced lawyers can help you get fair airbag injury settlements without making much effort.
Types of airbag defects giving rise to liability
Design defect:
the airbag of your vehicle is defectively designed if it fails to work as safely as a person would expect.
Failing to warn defect:
Airbag manufacturers must warn users regarding the harmful dangers that can be easily anticipated and that are inherent in their airbags.
Manufacturing defect:
A defectively manufactured airbag is one that is properly designed, but left the manufacturer in a condition other than intended.
What type of damages can I recover?
The victims injured by a defective airbag can recover for the following damages:
Economic damages:
It includes the monetary losses you have suffered by your injury. For example, medical expenses and lost wages.
Non-economic damages:
It represents the non-monetary losses you have suffered by your injury. For example, pain and suffering and loss of consortium.
Punitive damages:
These damages are intended to punish the defendant. In cases where the defendant’s acts are particularly egregious, some states also allow you to recover punitive damages.
Find the best attorney today!
If you want to get legal assistance in your airbag injury lawsuit, choose Ethen Ostroff. He and his professional connections ensure you get every dollar possible for what you went through. We help you connect with the best lawyers who care about you and the outcome of your case.
