QUESTION

Do I have a good case to sue if my airbag didn't deploy?

Asked on Oct 10th, 2013 on Personal Injury - Michigan
More details to this question:
I was in an accident and the fault was the other driver for not yielding to traffic. I hit the driver side of the other car at about 45 miles an hour and the front of my car is basically totaled but my airbags didn't deploy even after a 45 mile impact to the front of the car. Luckily, I'm fine but suffered from a neck sprain and back pain from the whiplash. If the bags did go off then I don't think the whiplash wouldn't have been as bad and probably result in not straining my neck.
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7 ANSWERS

Business Litigation Attorney serving Columbus, OH at E. Ray Critchett, LLC
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Fortunately, it does not sound like you sustained any significant long-term injuries and as such, a product liability claim for the air bag failure is probably not worth pursuing. You can and should report the issue but it may not be worth pursuing. You should focus on your recovery and you can also pursue the at-fault driver for your injuries, expenses and pain and discomfort. You should contact an attorney to obtain a free consultation so that you can discuss your situation in greater detail.
Answered on Oct 16th, 2013 at 12:28 PM

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James Eugene Hasser
That is a mixed question requiring an automotive engineering opinion on whether the air bags were defective and a doctor's opinion on whether the injuries were caused by the failure of the air bags to go off. It may even require another expert's opinion as well. My guess, though, is that unless your injuries are really severe, the cost of bringing such a claim would outweigh any potential recovery.
Answered on Oct 14th, 2013 at 11:08 AM

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Ronald A. Steinberg
If the sensors were activated but did not deploy the airbags, then you have a case.
Answered on Oct 14th, 2013 at 10:32 AM

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Insurance Coverage Attorney serving Morgantown, WV
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Improperly installed or faulty air bags result in improper functioning which greatly increases the likelihood of serious injury in the event of a crash. If the airbags didn't deploy at the appropriate time, the manufacturer may have failed to conform to the requirements of Federal Motor Vehicle Safety Standard No. 208. You may have a case, but you will need to discuss liability issues with an experienced personal injury attorney.
Answered on Oct 14th, 2013 at 9:28 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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First off it does not sound like you were hurt bad. Secondly. An airbag is not a guarantee that you will not be hurt it is designed to keep you from serious injury like being thrown into the windshield. Thirdly, you must prove by engineering testimony how and why it failed and finally the doctor must testify as to medical causation of the injury and I doubt a doctor would draw a very fine line for you. How could he? And you would likely have to pay your experts in advance and finally finally what lawyer would want to take your case on a percentage? And finally how old is the air bag? Does it have a warranty? Has it been damaged before. You have not thought about any of this have you.
Answered on Oct 14th, 2013 at 9:10 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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Since it was the other driver's fault, the easier case is against the other driver. Since you say that you are fine, the other driver's insurance coverage should be adequate cover your damages. The only reason to bring a suit against the manufacturer would be if the other driver's insurance is inadequate to cover your damages. To bring such a case, you would have to hire an expert witness to testify that the air bag failure was due toa manufacturing or design defect, and your doctor would have to testify that your injury would not have occurred, or would have been less severe, had the air bag deployed.
Answered on Oct 14th, 2013 at 8:45 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Potentially you could have a products liability claim.
Answered on Oct 14th, 2013 at 7:59 AM

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