QUESTION
Do I have a case if vehicle failed to operate properly?
Asked on Apr 22nd, 2014 on Personal Injury - Alabama
More details to this question:
I had gotten into an accident in early November 2013 with an animal. I was driving my 2005 Chevy Cobalt home from work and on a county road, a deer jumped right onto my hood and I was fortunately lucky that the deer hit the car just right and I was not killed from it. However, at the time I did not know this was the case until recently, my airbag did not deploy and I had to use my hands to brace the force of the crash. Also for months prior, I also had the ignition issues with the keys not being recognized. Now what I'm asking about is my vehicle was completely totaled and I walked away without any serious injuries just slight whiplash so would that qualify for a case with the settlement because my car failed to operate properly?
6 ANSWERS
Ronald A. Steinberg
The air bags will only deploy if a sensor is contacted. If the deer hit your hood, it would not have triggered a sensor. The sensors are located in the bumpers; I do not know where the side-impact sensors are located, but probably in the doors. There are no sensors in the hood.
Answered on May 14th, 2014 at 2:06 PM
Failure for the airbags to deploy may or may not represent a defect in the car, which would be the basis for a claim against the manufacturer, if one exists at all. Airbags are not necessarily designed to deploy in all situations, such as if the hood and/or windshield is damaged but there is no impact to the frame. If the car operated in the way it was designed to and within proper regulations, then you potentially would not have a claim because there was no defect. It would be best to speak directly with a firm which offers free consultations, such as my own, to discuss the exact details of the accident to determine whether there is already grounds for a claim.
Answered on Apr 24th, 2014 at 4:36 AM
Edwin K. Niles
Sorry; can't figure out the scenario. One incident or two? Case against whom? Car totaled in first or second? If first why driving it?
Answered on Apr 23rd, 2014 at 5:20 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If you were not seriously hurt you would be wasting your time and money and the time of any lawyer who would agree to help you. I doubt if anyone would do so unless you paid him on a time basis.you are trying to make something out of nothing.
Answered on Apr 23rd, 2014 at 2:01 PM
Plaintiffs Personal Injury Attorney serving Chula Vista, CA
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Law Office of Frank DeSantis
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No. The airbag function is to prevent or lessen the seriousness of any injuries. You cannot prove that the failure of the airbag caused the property damage.
Answered on Apr 23rd, 2014 at 11:01 AM
James Eugene Hasser
It sounds like you weren't injured, so you only have property damage which I presume you were paid under your collision coverage. Your insurance company would be entitled to get its money back from any claim which you may have, which means you would not get much, if any, money out of a lawsuit. However, it may be that there is a class action or mass tort case out there that you can join. Consider consulting a products liability lawyer that does automotive defects cases. I would also definitely report the airbag failure to the dealership and NHTSA.
Answered on Apr 23rd, 2014 at 10:25 AM