QUESTION
Can I sue if my airbag failed to deploy in a front-end collision and my car was totaled?
Asked on Dec 09th, 2013 on Personal Injury - Utah
More details to this question:
My daughter was driving her 2007 VW jetta on the highway. The road conditions were slushy, a tractor-trailer tried passing her and his trailer was weaving and forced her to change lanes when her car spun around a couple times. She ended up facing the wrong way on the interstate and was hit head-on by a Chevy suburban, who was driving appx 40mph, not one airbag deployed and yes, she had hurt her knee, but no-one else was hurt.
7 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Airbag not designed to protect a knee is it? am I wrong?
Answered on Dec 13th, 2013 at 7:25 PM
James Eugene Hasser
It depends on whether the airbags were defective and how bad the injuries are. Consider consulting a products liability lawyer familiar with airbag cases.
Answered on Dec 13th, 2013 at 7:25 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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She is lucky, and there might be a products liability issue.
Answered on Dec 13th, 2013 at 2:47 AM
Ronald A. Steinberg
If there was impact to the air bag sensor(s) in the bumper, and yet the bag did not deploy, that would be a product failure, and you could sue. But, if there was no impact to any of the sensors, then there was no product failure.
Answered on Dec 12th, 2013 at 7:06 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Airbags are designed to deploy in front-end impacts where the vehicle's speed exceeds 10mph. She must first speak with her doctor to see if he will say that her knee injury would not have occurred if the airbag deployed, otherwise there is no proximate cause.
Answered on Dec 12th, 2013 at 7:06 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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If the airbags failed to operate and the collision was over 5 miles per hour (supposedly the bags won't trigger unless the impact is above 5 mph), you would have a cause of action against the manufacturer.
Answered on Dec 12th, 2013 at 7:06 PM
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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You may have a products liability case with either a design defect or manufacture defect claim due to none of the air bags deploying. Contact an injury lawyer to discuss your daughter's potential case.
Answered on Dec 12th, 2013 at 7:05 PM