QUESTION

If I get into a head on collision accident with a drunk driver and the air bags do not deploy is it a lawsuit against the manufacturing company or

Asked on Jan 16th, 2016 on Automobile Accidents - California
More details to this question:
Dealership that sold us the car
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3 ANSWERS

Aviation Law Attorney serving San Rafael, CA
Partner at Brent & Fiol, LLP
3 Awards
Assuing the collision was at more than 25 mph, normally the air bags should deploy, so a defect could have been involved.  However that doesn't necessarily mean that you would sue either the manufacturer or the dealer - you first have to prove that the failure to deploy caused you more injury than you would have suffered if it had worked properly.  Obviously you do have a claim against the drunk driver (assuming he or she was responsible for the accident, of course). You'll need to sit down with a lawyer to get more definitive answers.
Answered on Jan 22nd, 2016 at 12:41 PM

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Products Liability Attorney serving Watertown, CT
1 Award
If the dealer was aware of a defect or other problem with the airbags, and failed to disclose that to you, they may be liable. The auto maker can also be held liable if the failure of the airbag to deploy was a result of a product defect. Most airbags are designed to only deploy under certain crash conditions. Auto makers have used this as a defense against airbag failure-to-deploy claims. Certain cars produced by GM have a problem with the ignition switch that can prevent airbags from deploying, which has resulted in a large number of lawsuits across the country being filed against them. If your car is one of these models, you may be able to join a class action, or seek compensation through a special fund.  Having a detailed police report, pictures of the scene of the accident, the damage to the vehicles and any injuries sustained will help your case. An experienced car accident lawyer can help walk you through the legal process and research any known issues with the airbag.  If you ever need a Car Accident Law Firm in Connecticut we're here to help. D’Amico, Griffin & Pettinicchi, LLC 465 Straits TurnpikeWatertown CT, 06795Phone: (860) 945 6600
Answered on Jan 20th, 2016 at 1:27 PM

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Products Liability Attorney serving Watertown, CT
1 Award
If the dealer was aware of a defect or other problem with the airbags, and failed to disclose that to you, they may be liable. The auto maker can also be held liable if the failure of the airbag to deploy was a result of a product defect. Most airbags are designed to only deploy under certain crash conditions. Auto makers have used this as a defense against airbag failure-to-deploy claims. Certain cars produced by GM have a problem with the ignition switch that can prevent airbags from deploying, which has resulted in a large number of lawsuits across the country being filed against them. If your car is one of these models, you may be able to join a class action, or seek compensation through a special fund.    Having a detailed police report, pictures of the scene of the accident, the damage to the vehicles and any injuries sustained will help your case. An experienced car accident lawyer can help walk you through the legal process and research any known issues with the airbag.   If you ever need a Car Accident Law Firm in Connecticut we're here to help. D’Amico, Griffin & Pettinicchi, LLC 465 Straits TurnpikeWatertown CT, 06795Phone: (860) 945 6600
Answered on Jan 20th, 2016 at 1:26 PM

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