QUESTION
Can I sue if airbags did not deploy?
Asked on Apr 02nd, 2013 on Personal Injury - California
More details to this question:
I hit a tree with the front of my truck. All the front is bend in. I will need a new front and windshield, that I hit with my head.
10 ANSWERS
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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Airbags are designed to deploy with 15 mph impact or greater. You would have to establish that impact speed was greater and always difficult to do, much less you also have to prove that your injuries wouldn't have been as significant had the airbag deployed which is also difficult. Much less the car manufacturer has a law firm that has been dealing with this issue for years and will paper you to death and force you to undergo every bell and whistle possible. Generally, unless you have catastrophic injuries wouldn't pursue the claim.
Answered on Apr 04th, 2013 at 9:01 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, you MIGHT have a cause of action of the additional damages you suffer due to the non-deployment only.
Answered on Apr 04th, 2013 at 7:57 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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So you hit your head. So what? How old is your truck? Has it been in collision before? Were you really injured or just looking for a quick buck? What is the real deal here you need always to provide max info, not just a desire for some quick dollars.
Answered on Apr 04th, 2013 at 7:54 PM
James Eugene Hasser
Maybe, if you can show the airbags were supposed to deploy but didn't and you were injured because they didn't, but the cost of proving that will probably outweigh any potential recovery. You are best off making a collision claim for your truck and letting your medical insurance carrier and med pay on your car policy take care of the medical bills.
Answered on Apr 04th, 2013 at 3:05 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Product liability suits cost a lot of money to present as expert testimony/testing is usually required and your injuries typically have to be significant to make such a suit worth the time, money and effort required. However, if you have your local automotive technician read the data on your vehicles "black box", you may have data of a malfunction of the air bag, and if so, the vehicle/airbag/sensor may be willing to talk to you/your lawyer about a settlement without expensive litigation.
Answered on Apr 04th, 2013 at 2:59 AM
You may have a claim against the auto manufacturer, but if you were not injured, it is negligible from a financial standpoint. Good you were not hurt though.
Answered on Apr 04th, 2013 at 2:56 AM
Yes, if you can get an expert to testify that the airbags should have deployed under the circumstances.
Answered on Apr 04th, 2013 at 2:10 AM
Ronald A. Steinberg
The air bags go off only when a sensor is activated. The damage to the truck was caused by your hitting a tree. No one is going to pay for that, except your auto insurance. The airbag is to help keep you from sustaining injuries, and if you did not get injured, then what are you complaining about?
Answered on Apr 04th, 2013 at 1:11 AM
Personal Injury Attorney serving Los Angeles, CA
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Law Office of Malosack Berjis
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Yes, you can potentially sue the car manufacturer (among several other parties) if your vehicle's airbags failed to deploy, and as a result, you suffered injuries that you would not have suffered had the airbags deployed.
Answered on Apr 04th, 2013 at 1:11 AM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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You can sue but the damages are minor. You will probably get a small settlement offer. Have them repair the damage. Or go to Small Claims Court.
Answered on Apr 04th, 2013 at 12:28 AM