QUESTION
What can I do if I had an accident and the air bags didn't deploy?
Asked on Apr 17th, 2014 on Personal Injury - Alabama
More details to this question:
I was in a recent car accident. I got t-boned by a semi going 55 on the driver’s side while driving. The semi first hit my front then I swerved and the semi it the back of the car also the impact of the semi caused me to spin around and go off into the ditch. While my car was totaled, all windows shattered, my air bags did not go off. Luckily, I only resulted in a concussion, sprained back, and cuts, would it be worth trying to sue the company for not having the air bags go off. If I would not have swerved, I could have been seriously injured or dead and it could have been even worse because of my air bags.
5 ANSWERS
There is liability for the air bags not deploying but it would be costly to try to prove which damages you suffered because the air bags did not go off. You can not collect for what might have happened. You can sue the trucking company and its driver for all of your damages and the company has to carry a very large insurance policy, so it probably is not worthwhile to go after the car manufacturer.
Answered on Apr 21st, 2014 at 3:15 PM
Do you sustain any injuries in the crash? If the failure of the airbags did not deploy you might have a products case against the automobile maker and/or the manufacturer of the airbags.
Answered on Apr 18th, 2014 at 6:34 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
You don't get credit for woulda shoulda coulda. If you have a late model vehicle, check the warranty. How old is the car? ever been involved in collision before? How much of your injury came as a direct result of the failure of the airbag?airbags don't guarantee you wont be hurt. they are designed to HELP protect you . the burden of proof is all on you. you have to prove the bag was under warranty, and that its failure caused your injury. how are you going to do that?
Answered on Apr 18th, 2014 at 6:33 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
If does not count, you can only recover once for your actual injuries or death.
Answered on Apr 18th, 2014 at 3:13 PM
James Eugene Hasser
Because you were not injured too badly, the cost of pursuing the claim will probably outweigh any potential recovery. However, you may want to talk to a products liability lawyer.
Answered on Apr 18th, 2014 at 2:30 PM