QUESTION
Do I have a case to pursue if my airbags did not come out even though I am without a license?
Asked on Mar 26th, 2013 on Personal Injury - Florida
More details to this question:
I don't have a license and I was in a terrible accident. My car went off the freeway and flipped over and smashed upside down. I was wearing a seat belt and was all alone. I did not hit any other car. My airbags did not come out. Can I sue the car company?
12 ANSWERS
Ronald A. Steinberg
Why were you driving a car if you have no license? If you testify in court, under oath, you could go to jail. Heard of the 5th amendment right against self incrimination? As to the air bags, they are triggered by sensors in the bumper, and if you did not hit a sensor, the air bag will not go off.
Answered on Apr 01st, 2013 at 11:53 PM
You cans sue the car manufacturer if you can find an expert who will testify that the bags should have deployed.
Answered on Apr 01st, 2013 at 2:09 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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You would need to consult counsel that handle automotive product liability cases. The car would have to be saved and tested by experts. You would have to have very significant injuries to justify the cost involved in such a product claim. Further, front air bags are meant to go off in frontal collisions.
Answered on Mar 27th, 2013 at 10:32 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Airbags are at least in part designed to keep you from being thrown out of a car. In your case, you did not say you were hurt, so what are you suing for? You caught someone in an error of some kind and you think you can go to the bank.
Answered on Mar 26th, 2013 at 3:58 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The car company (i.e. manufacturer) or the distributor, or the dealership that sold the car without seeing to it that the airbags were in working order. Proving that it's the fault of any or all of these possible defendants, however, will not be easy. See if you can gather all the documents from the purchase of the car. Your not being licensed does not help, but it may not totally impair your case. After all, even if you had five driver's licenses, the airbags would not have operated. Talk to an experienced personal injury lawyer.
Answered on Mar 26th, 2013 at 2:31 PM
Thomas Edward Gates
It is highly unlikely that you have a case against the car manufacturer. The accident you describe did not identify a frontal hit that would activate the airbags.
Answered on Mar 26th, 2013 at 2:31 PM
Car/Auto Accident Attorney serving Hacienda Heights, CA
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Gary Lee Platt
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The answer to your question involves a lot of research and investigation. Even if the airbags didn't activate, that doesn't necessarily mean the car company is liable. Even assuming the airbags were defective, you have to do several things very quickly to gather evidence for a lawsuit. You need to hire an attorney now, so your attorney can investigate. Your attorney will need to hire one or more experts, arrange to examine the car in great detail, and get the expert's opinion that the airbags were defective. Also, even if the airbags were defective, the nature of the crashthe car rolled over, etc. may make it hard or impossible to prove that your damages were caused by that failure. In other words, if you can't prove that if the airbags had worked you wouldn't have been hurt, you still lose your case. In any case, you cannot know what to do until you get a lawyer.
Answered on Mar 26th, 2013 at 2:31 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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In the abstract whether or not you had a license is immaterial. However, the details of your accident are germane, so in order to be able to answer your inquiry, more facts are needed in terms of how the accident happened. Typically, airbags will deploy when there is a frontal impact of 5 mph. Sometimes in a rollover situation the airbags will not deploy. More details concerning the accident are required in order to analyze your situation.
Answered on Mar 26th, 2013 at 2:29 PM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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You can sue whomever you wish. The better question is does it make sense to do so. Cases against auto manufacturer are very expensive and only make sense if the person has severe injuries.
Answered on Mar 26th, 2013 at 2:25 PM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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I need more details about how the wreck occurred to be able to answer. What caused you to leave the road? Did you strike any fixed object? What kind of motor vehicle were you driving? There may be other theories of recovery as well.
Answered on Mar 26th, 2013 at 2:24 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Not having a driver's license has nothing to do with it. If you are catastrophically injured, you can look into a suit. Otherwise, it is not worth it. You will need to pay an engineer to state an opinion as to why the airbag did not deploy, and as to whether the car was defective.
Answered on Mar 26th, 2013 at 1:37 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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No. Airbags only deploy in front-end collisions, not when your car grows wings, flies through the air and lands upside down. The bit about your license is irrelevant as it did not contribute to causing the accident.
Answered on Mar 26th, 2013 at 1:37 PM