QUESTION
What can I do if I had an accident and my airbags did not deploy?
Asked on Jun 27th, 2013 on Personal Injury - California
More details to this question:
If I was just in a head on accident and my airbags did not deploy which led me to hit my head and other parts of the body, what legal actions can I take?
10 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Check your warranties first. You did not say you had any serious injury. of course you can bring a products liability action but it will likely be long and expensive and you will likely have to hire an engineer as an expert witness. You think your case is big enough to warrant all this?
Answered on Jun 28th, 2013 at 4:06 PM
Ronald A. Steinberg
Do you have any idea how expensive a product liability case is to take to trial? Unless you are significantly hurt, no one will touch the case.
Answered on Jun 28th, 2013 at 8:33 AM
James Eugene Hasser
Report it to the manufacturer and if your injuries are severe enough, consider talking to a personal injury lawyer that does product liability cases.
Answered on Jun 27th, 2013 at 8:09 PM
General Practice Attorney serving Portland, OR
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Furniss, Shearer & Leineweber
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They do not always deploy depending on the severity of the impact. It will be hard to prove that they were defective and such caused your injuries. If someone else was at fault it might be easier to go after them.
Answered on Jun 27th, 2013 at 5:34 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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If your airbags did not deploy due to a provable malfunction, and if you sustained serious injuries, and if your injuries could have been totally prevented had the airbags deployed, you could consider a claim against the manufacturer and seller (assuming you were driving a new car). One thing to keep in mind, however, is that suits against a manufacturer are extremely expensive to process because the auto industry takes a very aggressive stance in defending such claims, and can do so with relative impunity because of their economic status. If your injuries are of minor consequences, it may be difficult for you to find an attorney who would take your case on a contingent fee basis.
Answered on Jun 27th, 2013 at 5:22 PM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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If you have a severe injury, you may have a case against them. Otherwise your case should be covered by the at fault driver and your own underinsured motorist coverage.
Answered on Jun 27th, 2013 at 5:00 PM
If you believe the failure to deploy was caused by a defect and it caused injury, you could potentially sue the car maker and the dealership for said injuries potentially. Other defendants might also come into play, but you would really need to discuss the specific details with a lawyer to determine your next step.
Answered on Jun 27th, 2013 at 5:00 PM
Did you suffer significant injuries? That will determine how you should proceed.
Answered on Jun 27th, 2013 at 5:00 PM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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Can sue the vehicle manufacturer and know that you will be embroiled in litigation for significant period because the car manufacturer's don't generally roll over on those claims.
Answered on Jun 27th, 2013 at 4:59 PM
Monica Cecilia Castillo-Barraza
If an expert in airbags can opine favorably, you may also have a claim against the car manufacturer.
Answered on Jun 27th, 2013 at 4:47 PM