An airbag should deploy precisely to cushion a vehicle occupant from hitting hard surfaces like the dashboard, steering wheel, and windshield in the event of an accident. Airbags are designed to reduce fatalities in severe accidents. If your car’s airbag fails to deploy as it should, you could be eligible for compensation if the airbag was faulty or was not properly installed. A skilled personal injury attorney can investigate the actual cause of the failure and develop a strong case that would get you the compensation you deserve. Fortunately, in Nevada, you can recover damages for injuries sustained through defective products.

Understanding How Airbags Protect

Airbags are safety devices that prevent injuries in moderate and severe frontal and near-frontal accidents. When an accident occurs, the electronic control unit of an airbag’s system sends an instant signal that automatically deploys the airbag. The signal triggers a chemical response that inflates the frontal airbag with harmless gas. This happens very fast, and in time to protect a vehicle occupant from crashing into hard surfaces in the vehicle.

If you are sitting very close to the airbag, its rapid deployment can injure you when it suddenly inflates. Vehicle manufacturers advise drivers and passengers to sit as far back as possible, especially away from the dashboard and steering wheel, and to wear their seatbelts. When an accident occurs, the airbag deploys as it should, safely protecting you from severe injuries.

Vehicle manufacturers also warn against having infants and children sitting next to an airbag. Short drivers who are less than 4′ 6″ tall are also advised against sitting in the front seat with an airbag.

Generally, an airbag is designed to protect vehicle occupants from severe injuries, and not to cause them harm. If an airbag is properly installed and functions as it should, you may not qualify for compensation in case you are injured after its deployment. However, if an airbag fails to deploy as it should because it is faulty or improperly installed, you deserve compensation for all the injuries sustained.

How an Airbag Can injure you

The success rates of airbags are relatively high. However, there are a few scenarios in which airbags have been reported to fail and cause serious injuries, and sometimes death. Understanding such scenarios can help you protect yourself or take action if another party’s negligence is the cause of your airbag’s failure and injuries. Here are some ways an airbag can fail and injure a vehicle occupant:

When an Airbag is Defective

Airbags are designed to deploy automatically to protect vehicle occupants from severe injuries in the event of an accident. Sadly, an airbag will not work as it should if it has a manufacturing or design defect. Companies that manufacture and design airbags owe consumers a duty of care in ensuring that only safe and effective products reach the market. Those who distribute and sell airbags also have a duty to ensure that the products they deliver to consumers have been tested and proven safe and effective.

If a defective airbag injures you, the liability can fall on the manufacturer, designer, distributor, or seller. You should be able to recover damages by filing a product liability claim. However, you must show that you used the product in a reasonable way, just as per the instructions provided.

In Nevada, such claims are filed under strict liability claims, whereby you are not expected to prove that a particular party was negligent enough to cause your injuries. However, you must demonstrate the following to win the lawsuit:

  • That the plaintiff manufactured, designed, distributed, or sold the airbag that was installed in your vehicle (or a particular component of the airbag).
  • The airbag was faulty.
  • The airbag’s defect was there long before it came into your possession. This means that you did not do anything to cause it.
  • You used the airbag reasonably, as per the user instructions provided
  • The defect in the airbag caused your injuries or damages

If there are other similar cases involving a similar product that you know about, a skilled personal injury attorney can use them as evidence to support your claim. This will prove that the defect existed from the manufacturing, designing, distribution, or selling point.

Note: Simply claiming that the manufacturer or distributor has recalled the faulty product is not enough proof to support your claim that the product was faulty from the beginning. You need an expert witness to prove a design defect and explain how that defect caused your injuries.

When an Airbag is Improperly Installed

In addition to proper manufacturing and design, an airbag should be properly installed to function well. The people responsible for installing airbags in vehicles are usually body shop personnel. They need excellent training and experience to install an airbag so it deploys safely to protect a driver in an accident. Sadly, some body shop owners do not place much weight on skills and experience when hiring personnel. Inexperienced or unskilled personnel can make mistakes during airbag installation, posing a major risk to vehicle occupants.

Improper installation can cause an airbag to fail to deploy when required or to deploy with excessive force. Some airbags deploy without a reasonable trigger, putting vehicle occupants at risk of accidents and injuries. If, after an investigation, it is determined that the cause of your airbag’s failure was due to improper installation, the body shop owner or your car dealer can be held responsible for your injuries.

When replacing an airbag in your vehicle, always choose an authorized company and have it installed.

Inadequate or Missing Warning Labels

Vehicle owners who buy vehicles already equipped with airbags depend on user instructions and warning labels to understand how airbags work, what to expect, and how to use them safely without harming themselves. Federal laws require all vehicles to have warnings about the safe usage of airbags. These warnings can come in the form of systems that provide audio-visual warnings or warning labels strategically placed where vehicle occupants can clearly see and read. However, some car owners deliberately remove these warnings without reading or understanding them.

If a vehicle owner sells their car to another person after removing the safety warnings, and an airbag injures the other person because they did not know how to use it safely, the vehicle seller can be held responsible for the other person’s resulting damages. If the warnings are missing from the beginning, you can file a lawsuit against your dealer for failing to include critical safety warnings or posting them in an area you could not easily find.

Failure to Use an Airbag Properly

Vehicle users must take time to learn and understand all safety features in their vehicles before using them. Once you purchase a car, it is your responsibility to understand how it functions and its pre-installed safety features. Then, you will use it safely for the intended period.

The problem is that some people buy vehicles in a rush and do not take time to understand some critical safety features that can save their lives. In most cases, when an airbag fails, vehicle manufacturers and repair shops defend themselves by claiming the user did not use the airbag as intended.

For example, if you buy a vehicle and remove the airbag warnings because they are annoying, you will not know how best to use the airbag for protection when the time comes.

However, in Nevada, a revised comparative negligence law can ensure you receive compensation even if you contributed to your injuries. Comparative negligence law allows the court to apportion fault between you and any other defendant who is responsible for your injuries. This means that you can recover part of your damages even if your actions contributed to your injuries.

Using a Recycled or Counterfeit Airbag

When an airbag deploys, you are supposed to have a new one installed and not reuse or recycle it. Sadly, some repair shops do not follow this regulation; they cut corners and reinstall airbags that have already deployed, putting vehicle occupants at risk in the event of an accident. Other repair shops buy counterfeit airbags because they are cheaper than the original, effective ones. These cost-cutting measures have caused the deaths of many people and left many more sustaining severe injuries.

The truth is that a counterfeit or recycled airbag will not function effectively as a new one. If you knowingly have a counterfeit or recycled airbag, you could be partly or fully responsible for your injuries if the airbag fails to deploy safely. If someone else made the mistake, you can file a successful claim against them for compensation if you are injured due to an airbag’s failure.

A skilled personal injury attorney can investigate your case to determine the party responsible for the counterfeit or recycled airbag. If you learn that another person, not your vehicle manufacturer, installed or replaced your airbag, it is advisable to have it inspected and, if necessary, replaced. This will reduce your risk of injuries.

What to Do If Injured by Airbag Failure

If an airbag injures you, you should first seek medical attention. Your well-being should come first, above everything else. When seeking treatment, let the doctor give you a medical evaluation right away. You should do this even if you have sustained minor physical injuries. Some injuries may seem minor, only to escalate a few days after the accident, especially if there is internal damage. Seeking medical treatment can also help once you decide to pursue compensation. It is proof that you were injured and needed medical care right after the accident. Once you are well enough, you can start planning what to do to recover your damages.

It is necessary to document as much of the accident as possible. If someone is responsible for your injuries, you need enough evidence to file a claim against them. Start gathering evidence about the accident and your injuries. If possible, take pictures and videos of the accident and your injuries. Take pictures of the deployed airbag, and describe exactly what you saw after its deployment. You may also want to take pictures of your vehicle. Also, keep all your medical records and a symptom diary safe, as they will be useful in supporting your claim.

Notify your insurance provider about the accident, your injuries, and any damage to your vehicle. When doing this without an attorney present, avoid discussing deep details about the accident to avoid incriminating yourself. Also, do not take blame or trivialize the accident in any way. Insurance companies are in business, and they make more profits when they pay less or pay nothing at all. Your insurance provider will likely send someone to investigate the matter. They may call from time to time for additional details. Carefully deal with them, or have your attorney handle their inquiries to protect yourself.

Once you start gathering evidence, preserve as much of it as possible. Do not discard any evidence as trivial or irrelevant, as it may be the crucial evidence you need to win a lawsuit. For example, preserve the clothes you wore on the day of the accident, as they could have been damaged from the airbag accident or any chemical residue that could explain what happened or failed to happen.

In essence, have an attorney present from the beginning of all these processes for proper guidance and protection of your rights. Your attorney will know the kind of evidence you need when you decide to pursue the matter in court. They will also help gather evidence and notify the insurance company as you seek medical treatment and recover from your injuries. Your attorney will interview eyewitnesses, find an expert witness if needed, and ensure that all your paperwork is well prepared for filing a claim in court.

A skilled personal injury attorney will also check for any recalls in the type of airbag that caused your injuries. They will determine whether your vehicle is part of the known airbags recalled by checking the NHTSA website. This will provide a solid basis for the attorney to file a claim against the responsible party.

Types of Damages You Can Recover if Injured in an Airbag Accident

When filing a claim in a civil court after an airbag injury, you must include the damages you are pursuing and evidence of how you incurred those damages. A skilled personal injury attorney will help you determine your losses and the amounts to include in your claim. Here are the types of damages you could recover after a successful lawsuit:

Economic Damages

These are the monetary losses you may have incurred in the accident. They include the following:

  • All medical costs and related expenses, including the cost of emergency services, hospitalization, consultations, medications, transportation to and from the hospital, and any out-of-pocket medical-related expense you have incurred after the injury. You must also include any medical costs you will incur in the future, such as therapy.
  • The wages you lost, or should have made if you had taken a break from work to recover from your injuries. This is calculated in terms of how much you earn in a day, multiplied by the number of days you did not earn a living due to your injury.
  • Lost earning capacity in case you temporarily or permanently lose your ability to perform in your job. You will include this damage if the accident left you with a long-term injury that affected your ability to earn a living, such as eye damage, blindness, or traumatic brain injury.
  • Property loss or damage to replace or repair any property that was damaged in the accident, including your vehicle, and anything else, like a phone or laptop, that may have been damaged.

Non-Economic Damages

These are subjective losses that do not include a direct financial loss, but are still very critical. They include the following:

  • Your suffering, pain, or any discomfort you endured after the accident
  • Emotional distress, anxiety, mental anguish, or PTSD that resulted from the accident or your injuries
  • Disfigurement, scarring, or any lasting body or facial marks you sustained from injuries like deep cuts and chemical burns
  • Loss of life enjoyment or inability to enjoy the activities or hobbies you enjoyed before the accident

You could also be eligible for punitive damages. Your skilled attorney will determine your eligibility and file a claim with the civil court, providing evidence of gross negligence to support it.

Find an Experienced Personal Injury Attorney Near Me

Although airbags are designed to protect vehicle occupants from severe injuries in case of an accident, they can fail and cause injuries or death. Airbags fail if they are faulty or improperly installed. In Las Vegas, if an airbag injures you because of another party’s fault, you can recover your damages through a strict liability lawsuit.

Our competent attorneys at Las Vegas Personal Injury Attorney Law Firm can help you establish liability and develop a solid claim that will get you the compensation you deserve. We can start helping you from the beginning to ensure that you have enough evidence to support your claim. Call us at 702-996-1224 to learn about our services and how we can help.