QUESTION
Can I sue the manufacture for my airbags not deflating and sustained skull neck and back injuries due to this?
Asked on Apr 30th, 2013 on Personal Injury - California
More details to this question:
I sustained skull back and neck injuries by avoiding hitting an vehicle that chose to go around the city bus without looking to see if ongoing traffic was coming and ran into a light pole while going at least 40mph on impact. The car hood was bent in the radiator bust and god knows what else to say the worst with my seat belt on my head manage to crack. The windshield chest hit the stirring wheel pretty hard sounds like the typical wreck besides the fact my airbags didn’t deflate to protect me from fracturing my head on the windshield. I have made a claim against ford and checked for recalls on my vehicle and there was none. I'm now seeking legal advice since the wreck my neck and back has got worst and my headaches are constant.
12 ANSWERS
I do not see how the bag not deflating, as opposed to its failing to inflate, caused your injuries. The law you will be seeing should be able to tell you how good of a case you have.
Answered on May 08th, 2013 at 1:32 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You are doing the right thing by seeking counsel. Airbags often don't work. The burden will be on you to prove they did not work and why they did not work, you will probably need an engineer as an expert witness. Might depend on what your warranty says, the age of the car, whether damaged before, whether tampered with before. I am curious. Hit a lamp pole at impact speed of 40. That means you must have been driving much faster beforehand. Why were you driving so fast on a public street? The insurance co will notice this no doubt and ask the same question. they will be looking to place some of the blame on you and if so denying your claim. I assume you have been in touch with the liability carrier of the idiot who passed the school bus as well. you should of course.
Answered on May 03rd, 2013 at 3:08 PM
Why the car manufacturer? Why not the guy coming around the bus illegally? He's your likely target.
Answered on May 03rd, 2013 at 3:08 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Airbag cases are difficult and expensive. Insurance companies will not settle easily, if at all. You will need to have an expert witness, accident reconstruction and a lawyer who is experienced in airbag cases. From what you have said, it is difficult to understand how you think that the failure of the airbag to deflate caused your head injuries. One would think that any head injuries would have been incurred in the impact. Unless your injuries are catastrophic, it may not be possible to go forward as a logistical matter, regardless of legalities
Answered on May 03rd, 2013 at 3:08 PM
James Eugene Hasser
It depends on whether the air bags were designed to go off for the type impact you had. If you have serious permanent injuries, it may be worth the time and money to bring suit. Talk with a lawyer familiar with products liability law, particularly one that has sued car manufacturers before.
Answered on May 03rd, 2013 at 3:07 PM
Insurance Attorney serving Seattle, WA
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Lawrence Kahn Law Group
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If I understand you correctly, the airbag did not deploy despite such a hard impact. If that is the case, yes, you have a case. See an attorney handling these cases as soon as possible.
Answered on May 03rd, 2013 at 3:07 PM
John Hone
Yes, but you need the car so that it can be analyzed to see if the air bags were defective. Without the car you are out of luck.
Answered on May 03rd, 2013 at 3:07 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Yes you can, but find a very good attorney who is very experienced in handling product liability lawsuits.
Answered on May 03rd, 2013 at 4:08 AM
Ronald A. Steinberg
Air bags deploy when the sensors, located in the bumpers, are hit. If they were hit but did not operate, then you have a case. If they were not hit, then no case.
Answered on May 03rd, 2013 at 3:57 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should see an attorney, and you should also act to preserve the evidence if you are intending to make a products liability claim.
Answered on May 03rd, 2013 at 3:56 AM
Administrative Law Attorney serving Phoenix, AZ
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Jennings, Strouss & Salmon, P.L.C.
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Before going after Ford and the airbag manufacturer, you should think about pursuing claims against the negligent driver and your own insurance carrier. Did the negligent driver stop? Did you exchange information? If so, you could likely pursue a personal injury claim against him/her. If the negligent driver did not stop, and you have no way of locating him/her, you should pursue a claim under your UM coverage. The Arizona Supreme Court has ruled that unidentified accident-causing drivers are deemed uninsured by law. Therefore, your insurance carrier must treat that accident as if the other driver was uninsured. This triggers UM coverage you have, if any. You should contact a personal injury attorney immediately to explore your options before pursuing Ford and the airbag manufacturer.
Answered on May 03rd, 2013 at 3:39 AM
Civil Litigation Attorney serving Van Nuys, CA
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Law Offices of Alexander Edward Gilburg
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The best legal advice I can give you is to hire an attorney immediately to protect your rights.
Answered on May 03rd, 2013 at 3:34 AM