QUESTION
What are my legal options if I was in a car accident where the airbags didn't deploy and the seat-belt did not lock?
Asked on Mar 29th, 2014 on Personal Injury - New York
More details to this question:
I was in a very bad accident a car blew a stop sign at a high rate of speed and the whole front of 2010 Chevy Equinox was crushed I’m lucky to be here, as well as my father. It was bought for safety and I’m grateful my kids or mother was not in car which they usually are so I consider myself lucky. We were going to pick up my brothers son. I can’t stop thinking of, if someone else was in the car and what if this happen to someone else no one can believe that the air bags did not deploy. I would appreciate any answer about this car for the safety features sure didn't do that. I know anything can happen and I’m grateful but this could have gone worse because of that. I weigh 180 pounds god forbids a kid, a woman or my mother I almost went through the window. I sustained cuts on my head and minor injuries. The seat-belt did not lock and the OnStar was the only thing that came on. Thank you for any input.
8 ANSWERS
Edwin K. Niles
Of course you can sue, but you might have a bit of trouble finding a lawyer as it's a little out of the ordinary.
Answered on Apr 02nd, 2014 at 8:21 PM
Ronald A. Steinberg
You need to hire an engineer to examine the car and determine if there was a product failure. If there was, then you can sue. For airbags to deploy, the sensors in the bumpers have to be hit, and so it is possible that there was no flaw in the airbags. As to the seat belts, when you engage them, it would be smart to pull on the buckle, just to make sure it is fastened.
Answered on Apr 02nd, 2014 at 8:13 PM
James Eugene Hasser
Possibly, but it will take the opinion of an automotive engineering expert to answer your question. Experienced products liability lawyers who handle automotive cases have such experts available. If your injuries are severe enough they may be willing to take your case on. Consider consulting one. Good luck.
Answered on Apr 02nd, 2014 at 8:05 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
What might have happened or almost happened doesn't count. Your emotional problems with air bags is not the same as serious injury. you said the injuries were minor. I suggest you get on with your life. It would take a couple years and 20000 worth of atty time to prepare and try the case, and for what: minor injuries?
Answered on Apr 02nd, 2014 at 8:04 PM
Auto Attorney serving Bloomfield Hills, MI
at
Gregory M. Janks, P.C.
Update Your Profile
If you can prove, usually through expert testimony, that your vehicle did not perform as designed/intended, due to a design and/or manufacturing defect, then you would have a case. You need to save your crashed vehicle and have it examined by an expert who can determine why the airbags and seat belts did not perform as intended, if they did not so perform. You may also have a breach of warranty claim, depending on the facts/evidence. The next element of your case is what injuries/damages were proximately caused by any defects in the design/manufacture. Typically attorneys can not economically handle an expensive product liability case unless the actual damages are significant. In Michigan you may not collect for "what if" or "what could have happened" damages, only those that actually occurred and can be proven with competent testimony/facts.
Answered on Apr 02nd, 2014 at 8:02 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
You should report the incident to the manufacturer, however you probably have very little if any reason to sue or seek recovery basically because, thankfully, it does not appear that you suffered major and permanent damages as a result of the failure of the airbags to deploy. That is not true, see an attorney.
Answered on Apr 02nd, 2014 at 7:57 PM
Personal Injury Attorney serving Kent, WA
at
Law Offices of Wayne J. Wimer, Inc. P.S.
Update Your Profile
If the air bags didn't deploy and that caused you serious injuries, you could sue the manufacturer. However, if your injuries and your father's injuries were minor, then the cost of going after the manufacturer may be prohibitive in that the auto companies spend millions each year defending such claims.
Answered on Apr 02nd, 2014 at 7:56 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
I read through most of the question before getting to the important part: "minor injuries". There is nothing to pursue.
Answered on Apr 02nd, 2014 at 7:56 PM