While airbags undoubtedly save countless lives every year, they can also lead to unexpected injuries. From dangerous debris to faulty inflation mechanisms to caustic chemicals and airbags that don’t even work as intended, any number of catastrophic failures can occur that make a bad accident worse.
An airbag injury might manifest as more than just a jolt to your senses. It could be a painful abrasion caused by the airbag cover, a fracture sustained due to the airbag’s impact, or even a chemical irritation resulting from the chemicals used for deploying the airbag.
These injuries, though unintended consequences of a safety feature, often result in far more than just physical discomfort. Instead, the incident can pave the way for a legal battle toward securing the compensation you may be owed for your damages, pain, and hardship.
This is where an airbag injury Lawyer steps in. They act as a legal advocate dedicated to ensuring reasonable and full compensation is sought for those who have endured injuries due to defective airbags.
Our team at the CEO Lawyer Personal Injury Law Firm can help you navigate the complicated legal journey to come and explain all the nuances involved in an airbag injury case.
So don’t hesitate to reach out today if you’re looking for help filing an initial claim or want to learn whether you may be owed compensation for your damages. Schedule your free, confidential case evaluation with no obligation today when you call (404) 777-8800 or contact us online.
Working With an Atlanta Airbag Injury Attorney
An airbag injury lawyer is a legal professional who helps individuals injured due to airbag defects. Their focus lies in navigating the complicated legal landscape that surrounds airbag-related injuries, and they’re trained to ensure you receive fair and full compensation for your suffering.
After a car accident, an airbag injury attorney will be able to help you across a wide range of essential tasks, including:
Initial Investigation and Gathering Evidence
Your personal injury attorney in Atlanta will meticulously investigate the circumstances of your accident and resulting injuries. This includes gathering evidence from the scene, medical records, and the professional opinions needed to build a strong case.
Negotiations with Insurance Companies
Airbag Injury Lawyers are experienced negotiators who will engage with insurance companies and manufacturer representatives on your behalf. They’ll make sure you’re not taken advantage of and that you have the highest possible chances of receiving the compensation you need so that you can cover any medical expenses, lost wages, and more.
Filing a Lawsuit if Necessary
Should negotiations not yield a satisfactory outcome, an Airbag Injury Lawyer will guide you through the process of filing a lawsuit — potentially culminating in a jury trial. They will represent your interests in court while advocating for the full amount of compensation you need to recover from your damages.
Understanding Airbag Injuries
Airbags are meant to provide safety, but when they are defective, they can instead inflict significant medical harm. Fully inflating in just a tenth of a second, they emerge at an extremely high velocity.
When something goes wrong, major injuries can result. Most famously, defects in Takata airbags led to at least 19 recorded fatalities and over 400 injuries in connection with metal shards ejecting along with the airbag’s inflation.
Below, we have listed some of the most common types of injuries that can result from airbags, especially ones that have a defective design, manufacture, or installation.
Abrasions and Contusions
Imagine the abruptness of an accident, triggering your airbags to deploy forcefully. While these airbags are designed to provide a protective buffer, the rapid inflation can lead to more than just a momentary jolt.
Abrasions (skin scrapes) and contusions (commonly known as bruises) can manifest on areas of impact, such as your chest and face. What might initially seem like minor injuries can result in significant discomfort or even require medical attention.
Fractures and Dislocations
Consider the scenario where an airbag inflates with considerable speed to protect you from a collision’s impact. This forceful inflation can inadvertently cause fractures or dislocations, particularly in regions like your arms, wrists, or fingers.
In these situations, the very mechanism designed to ensure safety can lead to injuries, especially when flaws in manufacture or design cause the airbag to inflate improperly.
Burns and Chemical Irritations
The chemicals used in airbag deployment act as a double-edged sword — protective yet potentially harmful. They include compounds like sodium azide, which rapidly converts from a stable salt into a gas when subjected to an electrical charge.
If an airbag deploys and you come into contact with these chemicals, burns and chemical irritations can emerge on your skin. These unexpected injuries arise from the chemical reaction that facilitates airbag inflation, as well as powders meant to reduce friction and facilitate proper unfolding.
What Are Common Causes of Airbag Injuries?
Understanding the underlying causes of these injuries will provide better insight into any potential for legal action. The common causes of airbag injuries include:
- Impact Force: The sheer force of a collision can amplify the inflation of the airbags, which can then cause injuries due to the sudden interaction between your body and the airbag’s protective cushioning.
- Deployment Malfunctions: Picture a situation where your vehicle’s airbag sensors malfunction, leading to untimely or excessive deployment. In such cases, injuries can occur due to unexpected or intensified airbag inflation.
- Design Flaws: A poorly designed airbag that fails to deploy optimally can result in uneven protection and potentially heighten the risk of injuries during airbag deployment.
The Legal Fundamentals of Airbag Injury Claims
Before delving into the specifics of airbag injury claims, it’s essential to understand the foundational principles of personal injury law. This area of law focuses on seeking compensation for individuals who have been harmed due to the negligence or intentional actions of others.
Establishing Negligence in Airbag Injury Cases
Proving negligence is a critical aspect of airbag injury claims. To do so, certain elements must be demonstrated:
Duty of Care
In the context of airbag injuries, manufacturers, drivers, and other parties involved have a legal responsibility to exercise reasonable care to prevent harm. Manufacturers should design airbags that minimize the risk of injuries, and drivers should adhere to safe driving practices.
Breach of Duty
If a party fails to fulfill their duty of care, a breach of duty occurs. For instance, if a manufacturer releases faulty airbags or a driver behaves recklessly, this breach can lead to injuries.
Causation
Linking the breach of duty to the injuries sustained is crucial. It must be demonstrated that the breach directly caused the injuries, highlighting the connection between the airbag-related incident and the harm suffered.
Damages
Compensatory damages encompass the physical, emotional, and financial losses incurred due to airbag injuries. These may include medical expenses, pain and suffering, lost wages, and more.
Additionally, keep in mind that Georgia follows the doctrine of comparative negligence. As a result, this will impact how compensation is determined if both parties share some responsibility for the accident.
For example, suppose another driver is found partially at fault for the accident that led to your airbag injuries. In that case, Georgia’s comparative negligence law[1] will influence the amount of compensation you can recover from each party, apportioning it by their level of assigned fault.
Your compensation may also be reduced based on the percentage of fault attributed to you.
Georgia-Specific Regulations Regarding Airbag Safety
Georgia, like many states, adheres to federal regulations concerning airbag safety standards.
Specifically, FMVSS 208 is the set of federal regulations established by the National Highway Traffic Safety Administration (NHTSA) that governs the safety requirements for airbags in vehicles. These regulations dictate the design, deployment thresholds, and functionality of airbags in vehicles sold and operated within the state.
That said, keep in mind that because of Georgia’s statute of limitations for filing airbag injury claims, you will generally have two years from the date of the accident to initiate legal action. Seeking legal assistance promptly is the most effective way to ensure you remain within the legal timeframe to pursue your claim.
The Benefits of Working With an Atlanta Airbag Injury Law Firm
When navigating the complex landscape of airbag injury claims, the support of an experienced Atlanta Airbag Injury Firm can be crucial to the success of your case.
As you’ve come to understand, airbag injury cases encompass all sorts of complicated legal considerations, medical complexities, and the need for comprehensive evidence gathering. Partnering with a seasoned Atlanta law firm experienced in airbag injury cases can provide invaluable support.
For example, by operating in Atlanta, these firms have a keen grasp of the local legal landscape, including Georgia’s laws, regulations, and courtroom practices. This localized knowledge equips them to navigate the jurisdiction-specific aspects of your case effectively while positioning you for a positive outcome.
Similarly, airbag injury cases often require extensive investigation, professional opinions, and access to medical specialists.
An established Atlanta car accident law firm possesses the resources and connections necessary to build a robust case on your behalf. From accident reconstruction experts to medical professionals, they have the network to support every aspect of your claim.
Finally, whether it’s negotiating with insurance companies or advocating for your rights in court, an experienced Atlanta Airbag Injury Firm is well-versed in both negotiation and litigation tactics. They are prepared to fight for your interests, ensuring that you’re not coerced into settling for less than you deserve.
So, if you’re ready to make the jump, consider reaching out to our team today. At the CEO Lawyer Personal Injury Law Firm, our attorneys can guide you through your airbag injury claim while protecting your rights and fighting to secure the compensation you may be owed.
Schedule your free, confidential case evaluation with no obligation today when you call (404) 777-8800 or contact us online.
