QUESTION

Do I have a case against a manufacturer if my airbags did not deploy?

Asked on Jan 12th, 2011 on Personal Injury - Illinois
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I was just in an auto accident, and my air bag failed to deploy. My vehicle was a 2001 Pick-Up Truck (I will leave out the exact manufacturer name). Do I have a case against the manufacturer?
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9 ANSWERS
Ryan J Tomalas
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Answered on Jan 17th, 2011 at 9:58 AM
In order to properly evaluate this claim, far more information related to the facts of the accident, as well as the extent of the injuries you sustained, are necessary. (Keep in mind that, just because you may have a legal claim to make, unless the financial "value" of your claim is significant enough you may be hard pressed to find a personal injury lawyer to handle your case on a contingency fee basis.)

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Answered on Jan 14th, 2011 at 7:58 AM
Airbags are not designed to deploy in all types of accidents or impacts. So, it would depend on the type of impact, the speed of your vehicle, etc. Also, even if they should have deployed, you would need to determine what injuries you sustained as a result of them failing to deploy and are those injuries worse than if they had deployed.

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Answered on Jan 12th, 2011 at 7:28 PM
Determining whether you have a case would require an expert to examine the vehicle, the airbags and the circumstances of the accident to determine whether the airbags were defective either in their manufacture,installation, maintenance, or design. Just because the airbags failed to deploy does not mean they were defective. You should make sure the vehicle and its parts are preserved, and contact an attorney as soon as possible to begin the investigation. You should also consider reporting the failure to deploy to the National Highway Traffic Safety Administration, which will investigate defective airbag complaints.

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Answered on Jan 12th, 2011 at 4:13 PM
You might have a case for faulty airbags but more information is needed: - make/model/year of vehicle - speed of impact - type of impact - your physical injuries - the reason the airbags did not deploy If you were in an accident that was the fault of the other driver, and you suffered physical injury, you may have a claim against the other driver. You should call a qualified attorney for more help with this question.

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Answered on Jan 12th, 2011 at 2:43 PM
Depends on whether you were injured, whether the airbag should have deployed (i.e. in a rear-end accident an airbag will not and should not deploy) and whether the airbag not deploying is what caused your injury.

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Answered on Jan 12th, 2011 at 1:43 PM
Possibly, yes. In Florida, there is a statute of repose (once a product gets to a certain age, you can't sue the manufacturer any more) which may shorten the usual 4 year statute of limitations. However, if you weren't at fault in causing the accident, then you can't collect both against the manufacturer and collect again against the driver who was at fault. You can only collect a total of what your damages are worth from both. You should call an attorney who practices both in the area of motor vehicle accidents and products liability.

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Answered on Jan 12th, 2011 at 12:43 PM
Maybe. You definitely need to speak to a personal injury attorney who handle product defect cases

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Answered on Jan 12th, 2011 at 12:43 PM
Possibly, depending on the nature of your injuries. An airbag case is generally complicated and expensive to prosecute so the damages (injuries)must be of the nature that it makes economic sense to pursue.

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Francis Paul Hajek
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Answered on Jan 12th, 2011 at 12:43 PM
Hi,Thanks for your question. You may have a case concerning the failure of your airbag to deploy. A key factor in looking at such a case is the injuries sustained in the accident. Since such cases require expert testimony, the costs are probably going to be substantial and so the potential for recovery needs to be commensurately large. If there are no injuries, the mere fact of a failure to deploy holds very little value. Hope this helps.

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