When an airbag fails to deploy in a car crash, more often than not it causes serious bodily harm. There is not only the trauma of the crash to think about – there are also the medical bills and long-term effects to consider. As a result, many people find themselves asking if they can sue the car company whose airbag failed to deploy. Unfortunately, airbag litigation is not a straightforward matter.
The Different Types Of Airbags And Their Technology
The technology behind airbags is constantly being updated and improved. There are many types of airbag currently being used in cars such as frontal airbags, side airbags, knee airbags and even airbags for under-seat passengers.Each of these airbags works differently. For example, some are triggered by pressure sensors in the car, which detect when the car is involved in an accident. Other airbags are triggered by ‘crash’ sensors, which measure the amount of force. The crash sensor then sends a signal to the airbag computer and the airbag inflates.
Airbags also have to function perfectly in order to operate properly. They must be properly calibrated and installed to work effectively. Additionally, airbags need to be regularly serviced to make sure they are functioning properly. All of this means the car company has a responsibility to ensure that the airbag is able to function in the event of an accident.
Circumstances In Which You Can Sue The Car Company For Airbag Malfunction
If your car crash resulted in injury due to malfunctioning airbags, you may be able to sue the car company for negligence. To successfully sue for negligence, you will need to prove that the airbag failed to deploy because of a defect or error in the car. In addition, you will have to demonstrate that the car company was aware of the defect or error and they failed to do anything to fix it.
In some cases, you may also be able to sue the car company for a breach of warranty. If the manufacturer of the car has provided a warranty, they must stand by it. If the airbag fails to deploy, but the car company fails to make any repairs or replacements, you may be able to bring a lawsuit on the basis of this breach.
Finally, it is also possible to sue the car company if they knew or should have known that their airbag could malfunction. The manufacturer of the airbag could be legally responsible if they failed to warn consumers that the airbag could malfunction or if they failed to properly investigate issues with the airbag.
In any case, it’s important to understand all of your options if you have been involved in an accident involving an airbag that did not deploy. It’s also important to consult with an attorney who has experience with airbag litigation to make sure you understand your rights.
Evidence Collection And Court Procedures For Airbag Litigation
Court procedures and evidence collection can be complex in airbag litigation. The first step is to collect evidence that the airbag was defective. It is crucial to hire an experienced attorney to examine the evidence and build a strong case. The lawyer will review the design and construction of the airbag, as well as inspect the car in question and its history.
Evidence can also usually be drawn from third parties such as airbag repair and installation experts, crash investigators, and the car company. In some cases, specialists may even be able to determine whether or not the airbag was defective. This will be a crucial factor in deciding whether or not the car company can be held liable for the crash.
Once the evidence is collected and analyzed, the next step is to prepare for trial. In order to successfully prove a case at trial, your attorney will have to collect and present corroborating evidence to prove negligence or breach of warranty on the part of the car company.
Airbag litigation can be complicated and time consuming, but it is important to weigh all of your options if you have been involved in an accident that resulted in injury due to malfunctioning airbags. With the help of an experienced attorney, you can make sure that your rights are protected.
Forms Of Damages To Claim Through Airbag Litigation
If you successfully sue the car company for airbag negligence or breach of warranty, you may be able to receive a number of forms of damages. These may include medical expenses, lost wages, pain and suffering and property damage. The amount of damages you can receive will depend on a number of factors including the severity of your injury.
In addition, you may be able to receive punitive damages from the car company. Punitive damages are meant to punish a company for its negligence or recklessness, and can be awarded to discourage others from engaging in similar conduct. In some cases, punitive damages can be quite substantial.
Finally, you may also be able to obtain compensation from the car manufacturer for legal fees and costs associated with your case. This can be a substantial amount of money and is typically paid in addition to any other damages awarded in the case.
Laws And Regulations Regarding Airbag Defects
In the United States, all cars are required to have airbags. Additionally, there are laws and regulations require car companies to ensure that their airbags are functioning properly at all times. These laws and regulations are meant to protect consumers from defective airbags and ensure that they receive proper compensation if they are harmed.
The federal government oversees airbag safety, making sure that car companies are designing their airbags according to the latest safety standards. Additionally, the National Highway Traffic Safety Administration (NHTSA) acts as a watchdog on automakers, ensuring that they are not knowingly manufacturing or selling defective airbags.
Finally, cars that have been recalled for defective airbags are required to be repaired or replaced by the car company at no cost to the owner. If an airbag is recalled and not replaced, the car company could be held liable for any resulting injuries.
Filing A Alternative Dispute Resolution
If you are considering suing a car company because their airbag failed to deploy in a car crash, it is important to understand all of your options. In some cases, it may be possible to reach an agreement with the car company without going through the court system. Alternative dispute resolution (ADR) is a process in which a neutral third party can help the parties resolve their dispute. This may be useful in airbag cases, as it can provide a quicker and less expensive way of resolving the matter.
When choosing an ADR process, it is important to pick a method that is suitable for the dispute. For example, you may choose to engage in mediation or arbitration. Mediation is a less formal process, in which a mediator works with the parties to help them reach a compromise. Conversely, arbitration is a more formal process, in which an arbitrator acts as a judge in deciding the case.
ADR can be a useful way to resolve airbag litigation, as it involves less time and cost than a traditional lawsuit. Furthermore, the decisions made in ADR are often binding and can be effective in resolving the matter quickly and efficiently.
Consulting An Attorney For Airbag Litigation
If you have been involved in an accident resulting in injury due to malfunctioning airbags, it is important to consult with an experienced attorney. The attorney will be able to review the case and advise you on the best course of action. Additionally, the lawyer will be able to evaluate the evidence and prepare for trial if necessary.
It is also important to understand that airbag litigation can be costly and time consuming. A knowledgeable lawyer will be able to help you understand all of the options available to you and make sure you are compensated for your losses.
Finally, it is important to be aware of the time limitations that may apply to airbag cases. In many states, there is a statute of limitations for personal injury cases, which means that you may only have a limited amount of time to file a lawsuit. An experienced lawyer will be able to help you understand the applicable time limits in your case.
