- May 12, 2020
SAN DIEGO — Being involved in a car accident is a scary situation for anyone but can be even more traumatic when the airbag designed to save your life fails to deploy or poses a threat to your safety. Airbag failure is a legitimate basis for a civil action and those who suffer injuries because an airbag did not serve its purpose have the right to pursue a claim or lawsuit.
If you’ve been injured in California because an airbag failed to protect you in a crash, you have the right to work with a defective product lawyer in San Diego who will help you fight for compensation. The compensation you may be entitled to should cover all accident-related medical expenses, repairs to damaged property, lost wages and earning capacity, and the costs of enduring pain and suffering.
What Should I Do After an Airbag Failure Accident?
As with any car crash, it’s important to hold on to information that can help an attorney recreate the accident and find fault. Your best choice in recovering compensation from an airbag failure accident is to work with a lawyer as soon as possible after the crash.
When you team up with an experienced lawyer to resolve your airbag accident case, they may take one of two actions:
- File an insurance claim against the at-fault party’s insurance provider
- File a personal injury lawsuit in court
Before taking any of the above actions, your accident lawyer must first pinpoint the liable party, or the party legally responsible for your injuries and suffering. In the case of a faulty airbag, it might be possible to hold several parties accountable for the product’s failure.
Who is Liable When an Airbag Fails to Deploy?
A car is a complex piece of machinery that requires input from multiple sources to build. If your airbag failed to deploy, it could be for one of several reasons, or multiple different reasons. Product liability laws protect consumers hurt by products they purchase on the market. A defective airbag is just one component of a much larger product.
The parties your lawyer may able to hold liable for your injuries after an airbag fails to deploy include:
- The manufacturer of the airbag
- The designers of the airbag
- The parties involved in testing and installing the airbag
- Distributors of the airbag
- The manufacturer of the automobile
Your attorney must thoroughly investigate your case to identify the responsible parties. The investigation will uncover crucial evidence to support your claim or lawsuit.
Proving Your Car Accident Claim Under Strict Liability
Once your attorney names the party or parties at fault for your injuries, he or she must build a case against them based on strict liability. Strict liability is a standard of liability under which the at-fault party is liable for committing an action regardless of intent or mental state; it is not necessary to prove that the at-fault party acted negligently or with the intent of wrongdoing to determine fault.
All your attorney needs to show are the following points to link your injuries to the faulty airbag:
- The airbag was defective. You must show that a defect in the airbag prevented it from deploying. There are experts your attorney can hire to testify in your favor.
- The airbag should have deployed. Airbags are not meant to deploy in every accident. It takes a particular force to cause them to deploy, such as the one sparked by a head-on collision. Expert testimony regarding the details of your crash can prove the airbag should have deployed in your collision.
- You did not modify the car’s airbags. Your attorney should be able to prove that you did not change your airbags in any way that would render them defective.
- The defective airbag caused your injury. Medical records can help your attorney prove that the airbag was the direct cause of your injuries or that the airbag’s malfunction made your injuries worse.
Exercise Your Rights after a Faulty Airbag Accident
If you find yourself facing outrageous medical bills after an airbag failed to deploy or caused you more harm than you would have sustained had it not been in your vehicle, don’t put up with it. You are entitled to take legal action and fight for the compensation you deserve.
Attorneys with The Barnes Firm have helped victims of faulty airbags throughout California recover millions in compensation. We don’t take a fee unless and until we win your case. We’re also honored to have so many clients trust us to deliver compassionate and sound legal services, and we’ll aggressively pursue compensation for your injuries and pain and suffering. Call us at any time for a free consultation or complete our contact form.
The Barnes Firm (800) 800-0000