If you are involved in an accident in the state of Georgia and your airbag deploys, it can save your life. However, sometimes an airbag malfunctions, which can cause injuries to your spinal column and neck, as well as your head, your eyes, and even your brain. You could even suffer whiplash because of an airbag malfunction.
The question then becomes whether you should sue the other person for hitting you and causing the accident in the first place, or the manufacturer for making a faulty product. In either case, an Atlanta car accident lawyer can help.
Premature Deploying
One of the reasons you may suffer injuries from an airbag is if it deploys too early. Airbags are typically programmed to deploy if the car’s sensors determine that the car was in an accident equivalent to hitting a solid barrier at a speed of 8 to 14 miles per hour. An accident of this caliber is considered a “moderate to severe accident.” If the airbag deploys in a minor fender-bender, this can cause a problem.
There is also the issue of the airbag not deploying at all, which can be even more problematic, depending on the situation. You may suffer more severe injuries than if your airbag deployed properly. In either case, you should not be forced to shoulder the entire burden of the costs associated with medical treatment for an injury that should never have happened in the first place.
Types of Injuries
The types of injuries a person can suffer from an airbag malfunctioning are surprisingly numerous. Such injuries can include:
- Fractures to several areas of the body, including the wrists, fingers, ribs, and parts of the face
- Chemical burns
- Eye injuries
- Internal bleeding
- Organ failure
No one should have to suffer injuries like these because of faulty airbag. Call Atlanta car accident lawyer today for a free consultation.
Determining Liability
If an airbag deploys when it wasn’t supposed to, and/or if the deployment results in the death or injury of another person, then you may be able to sue either the car or airbag manufacturer for negligence. There are several situations in which the manufacturer may be held legally responsible for an airbag death or injury, including:
- The airbags deploying horizontally, rather than vertically
- The airbags containing inflators that were more powerful than normal
- The manufacturer failing to perform the required number of test crashes
- The crash sensors failing to operate properly
Any of these incidents could lead to what is referred to as a product liability, and you may be able to sue for compensation. A car accident lawyer can hire the experts necessary to determine exactly what went wrong in your accident. From there, the lawyer can help you come to an appropriate number to settle for in the event an offer is presented.
In the event the matter proceeded to trial, you would then have to prove that you would not have suffered the injury, had your airbag been working properly. A car accident lawyer can help you gather the evidence necessary to prove your case and help you fight for the best possible damage award.
Preserving Evidence
If you believe the injury you suffered was due to your airbag malfunctioning, it is important to preserve the evidence to support your case. Do not let anyone throw out the airbag or any parts related to it, like the crash sensor, and do not allow the car’s computer to be erased.
This may be difficult, but do not give permission for the car to be junked or transferred over to the insurance company. In the event your car is declared totaled, your insurance company will want to take over the car. You need to hold out until your case is over because your whole case rests on your car. If you need a lawyer to back you up, we are here to help.
If You Suffered An Injury From An Airbag, Call Us!
If you have been involved in an accident in the state of Georgia, and you have suffered an injury as a result of airbag deployment, you may be entitled to compensation. Fill out the form to the right or call us at (404) 341-6555 to speak with one of our skilled Atlanta car accident lawyers.
You will receive a free consultation with no obligation to retain, and we will review your case to determine whether you are likely to receive compensation. We will then advise you on how best to proceed – either with or without us. We collect no fees unless we win, so what do you have to lose? Call us today!
