QUESTION
Should I sue the driver and or the vehicle manufacturer for the liability coverage?
Asked on Aug 04th, 2015 on Personal Injury - Illinois
More details to this question:
I was the passenger in a 2012 vehicle (which has at least 6 airbags) and the driver only has liability coverage. He was speeding and lost control of his vehicle at which he then hit a mobile home. The airbags did not deploy at all. I suffered over seven major fractures in my face along with a torn right socket. My right side of my face is still numb. I needed surgery to repair my eye socket and my facial fractures. Is this a product liability suit?
11 ANSWERS
You definitely have a liability suit against the driver, and should pursue it. Just because air bags did not deploy does not necessarily mean that you have a good product liability suit. You would need an expert to analyze whether the airbags should have deployed.
Answered on Sep 01st, 2015 at 12:06 AM
Thomas Edward Gates
Not necessarily. The driver is the one to go after.
Answered on Aug 05th, 2015 at 12:33 PM
1 Award
You might have a case, depending on all of the facts. Did you have an automobile insurance policy with underinsured motorist coverage? If you did, and if the coverage was more than the liability coverage the driver of the car had, you might get additional compensation from your own insurer.
Answered on Aug 05th, 2015 at 12:26 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Could be. You need to see an experienced product liability lawyer ASAP. Most of the time with this kind of a question, we explain that air bags deploy only in certain kinds of situations, and that there needs to be a major injury in order to justify the time and expense involved. In your situation, there actually may be something to go on.
Answered on Aug 05th, 2015 at 8:11 AM
This could be a liability suit. The data recorder from the vehicle can be evaluated to determine if the airbags should have deployed. As you may know, many defective airbags have been recalled recently, and even some of the replacement airbags have been recalled. Our firm uses an independent expert in crash reconstruction to determine crash worthiness of the vehicle and product function or malfunction. If you have underinsured motorist coverage on your own vehicle, that may produce some additional compensation for you. Talk to a National Board Certified, Super Lawyer rated car accident insurance disputes attorney as soon as possible for help in navigating through this process and help in obtaining every source of compensation that you need and deserve. Best wishes for your best recovery.
Answered on Aug 05th, 2015 at 7:02 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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It certainly could be. Consult an experienced personal injury lawyer very soon. Each state has statutes of limitation which require you to file a legal action within a set time.
Answered on Aug 04th, 2015 at 10:46 PM
Personal Injury Attorney serving Overland Park, KS
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Ankerholz & Smith
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Airbags are designed to go off under a certain set of conditions. Not every collision will trigger them. You have had serious injuries, and other insurance coverages may provide you with more compensation. Consult an experienced personal injury lawyer without delay, as time limitations apply. We are here to help.
Answered on Aug 04th, 2015 at 6:23 PM
Edwin K. Niles
Both.
Answered on Aug 04th, 2015 at 6:20 PM
James Eugene Hasser
If you can prove the driver was wanton or grossly negligent, you can sue the driver and get around the guest passenger statute that basically says you can't sue the driver for mere negligence. You may also have a products case as well. Consider consulting an experienced injury lawyer.
Answered on Aug 04th, 2015 at 6:11 PM
Ronald A. Steinberg
Pick someone intelligent to ride with. Get a lawyer.
Answered on Aug 04th, 2015 at 4:19 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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You may have a product liability suit. Have you gotten an explanation from anyone as to why the airbags did not deploy?
Answered on Aug 04th, 2015 at 4:10 PM