QUESTION
Can I file a lawsuite if the car's airbag did not deploy?
Asked on Dec 19th, 2013 on Automobile Accidents - Alabama
More details to this question:
I crashed my car. I skid on the drivers side and hit a small tree, rolled over into a 10 foot ditch and fell upside down. No seat belts were worn except for a friend in the back. we suffered concussions, air bags did not deploy. Do I have a case?
7 ANSWERS
1 Award
You chose not to wear a seatbelt, which might have prevented your having any injury. You negligently drove your car off the road, into a tree, and into a ten-foot ditch. You managed to get out of the accident with just a concussion. And, you think that investing tens of thousands of dollars pursuing a case against a car manufacturer would be money well spent? I don't think so.
Answered on Dec 23rd, 2013 at 10:10 PM
Ronald A. Steinberg
Probably not a very strong case. Not wearing a seat belt is very foolish.
Answered on Dec 23rd, 2013 at 10:10 PM
Yes, you might. You need to speak to attorneys who handle such cases. There may be some comparative negligence on your part for not being seat belted. The passengers who were injured can sue you, so report the accident to your insurance carrier.
Answered on Dec 23rd, 2013 at 10:10 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Answered on Dec 23rd, 2013 at 10:10 PM
It's going to be an uphill battle if you weren't wearing your seat belt.
Answered on Dec 23rd, 2013 at 10:10 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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First of all air bags are not designed to guarantee you will not be hurt. they are an aid not a guarantor secondly, can you prove injuries occurred as a result of the bags? ( need a doctor to say this) thirdly, do you have a warranty? Has the car been wrecked before? How old is the car/the bags? See a LAWYER FOR PROPER REVIEW.
Answered on Dec 23rd, 2013 at 10:10 PM
James Eugene Hasser
It takes an automotive engineer to determine if the airbags were defective. Products liability lawyers who do auto cases have such experts available. You might want to consult one, but unless your injuries are severe enough, it is not likely that they will take the case as the cost of pursuing the claim is likely to outweigh the potential recovery.
Answered on Dec 23rd, 2013 at 10:09 PM