QUESTION
can I file a case against the car manufacturer if the air bag did not deploy?
Asked on Nov 21st, 2013 on Automobile Accidents - South Carolina
More details to this question:
I was involved in a fairly serious automobile accident in my car. My passenger side airbag deployed, however the driver's side failed to deploy. The car is totaled, and while my injuries mere not serious. I did have whiplash. Stiff neck and back for a few days. Etc. Do I have a case against the manufacturer?
9 ANSWERS
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
Damages are based on real injury. you want to spend 20000 dollars worth of attorney time, 20000 worth of your time and play the court game for the next year and a half or so, hire an expert witnesses for.several thousand dollars (engineer) and finally pay your doctor as your medical expert another couple thousand. Where is all this money and effort coming from and why?
Answered on Nov 25th, 2013 at 11:44 AM
Ronald A. Steinberg
There are sensors in the bumpers of your car. If a sensor was triggered but the airbag did not deploy, then you may have a case. If no sensors were triggered, then it is not a defect if the airbags did not deploy.
Answered on Nov 25th, 2013 at 11:44 AM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
Update Your Profile
Possibly, but the cost of pursuing the case would be prohibitive, and certainly your injuries don't seem like they would warrant it.
Answered on Nov 22nd, 2013 at 10:57 AM
James Eugene Hasser
Possibly, but your injuries will have to be severe enough to justify the time and expense of pursuing a claim. You might want to consult an experienced personal injury lawyer familiar with automobile products liability cases. Good luck.
Answered on Nov 22nd, 2013 at 10:57 AM
4 Awards
The car manufacturers and parts manufacturers fight these cases quite vigorously. Without a significant injury,it is not a case that most lawyers will pursue.
Answered on Nov 22nd, 2013 at 10:57 AM
Yes, you have a case but it is not worth much since your injuries apparently went away within a few days and might have been there even if the airbag had deployed. Write the car manufacturer to see if they will pay anything, but do not expect much if anything.
Answered on Nov 22nd, 2013 at 10:57 AM
1 Award
Taking on one of the car manufacturers is a huge undertaking requiring hundreds of hours of attorney time and tens of thousands of dollars. There would have to be very substantial damages to warrant bringing such a claim. You would also have to prove that your injuries would not have occurred if the air bag had deployed, probably something difficult to prove.
Answered on Nov 22nd, 2013 at 10:57 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
See an attorney regarding your rights and damages. You came only recover your actual damages once.
Answered on Nov 22nd, 2013 at 10:56 AM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
In theory possibly. However, products liability cases are expensive. You must hire an expert witness to examine the vehicle and testify that the bag failed to deploy as a result of a faulty design or manufacturing defect. Since your injuries are not serious, it would probably not be worth expense.
Answered on Nov 22nd, 2013 at 10:56 AM