If the airbags did not deploy in a car accident, the car manufacturer could be responsible and liable for the damage. This situation would seem like an “open and shut case.” But, there will be a list of exceptions, and it is not a 100% guaranteed rule of liability for the manufacturer in some instances and cases. If the airbag does not deploy, there can be a myriad of reasons that it does not deploy, and some of those reasons are not the car manufacturer’s fault.
Do Airbags Always Deploy During a Car Accident?
Is it safe to assume that airbags always deploy and puff up in any type of accident? The answer here is “No.” According to the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA), there are several instances where an airbag may not spontaneously deploy in a car accident. If the car crash conditions were not severe enough to trip the sensors on the airbags, they might not deploy. The seat belt will provide most of the coverage to protect the driver or passenger, and the car’s electronic components may have detected this protection and not deployed the airbags.
The Wrong Passenger Was in the Front Seat
Have you ever been the front seat passenger in a car and noticed the “airbags on” light on the passenger side of the car on the dashboard? This little light has a huge job and will determine 100% if that airbag will deploy or not. You see, if the car detects a small child in the seat, no one in the seat, or someone in the seat who does not weigh enough to trigger the car system to know that there is a passenger at all – the airbag will not deploy in that case. The safest place for a child is in the backseat region in a car seat. You can read the manufacturer’s requirements on safely securing a child seat in the back of the vehicle. If the car does not detect a passenger, it will not deploy the airbag. For this reason, if the front passenger seat is occupied by a small child, an underweight adult, or a small dog, the front seat passenger airbag will likely not deploy.
The Airbag Had Been Deployed in the Past and Was Improperly Replaced in the Car
If the airbag has been deployed in the car in the past and is replaced and installed improperly or with a defective airbag, it may not deploy. Similarly, if there is a defect in the airbag that is in the vehicle and the manufacturer holds a recall of the bag for replacement, but the car owner did not get the recalled airbag replaced before an accident, that airbag may not deploy. If the car did have a crash or accident and the unused airbag was not checked for viability and replaced as a matter of course, the “old” airbag may not deploy properly in an accident with that vehicle.
The Car Dealer or Repair Shop Has Installed an ON-OFF Switch in the Car
This is a rare situation, but an authorized car dealer or repair shop can install an ON-OFF switch for the car’s airbag with an authorized letter from NHTSA. There are definite rules when this can apply, such as with: a driver who has a medical condition that poses a specific risk to the driver if it is deployed, the driver not being able to keep a 10-inch distance from the chest to the steering wheel, etc.). Anyone meeting the requirements to have the special disabling switch can apply for one but also will have to sign a release stating that you know the risks of having an airbag switch to turn off that airbag protection in the event of an accident. If you have an ON-OFF switch legally placed in the vehicle on request and permission from NHTSA, turn the airbag off for whatever reason, have an accident, and are badly injured – there is no recourse to go against the car manufacturer in a claim of liability since you chose to turn the airbag off yourself.
Your Car Airbags Will Not Deploy If They Are Fake!
Although counterfeit airbags are a rare occurrence, they do happen. Some negligent car manufacturers or second-hand car dealers have been guilty of putting fake and counterfeit airbags into cars in this country. This will occur in less than 0.1 percent of the cars on the road today in the United States. If this does happen, some of these fake airbags have malfunctioned, exploded, expelled metal shrapnel when deployed, and have injured people in a car accident. If you are concerned if the airbags in your car are fake, it is easy to get them checked out at a repair shop or car dealership. This is not a huge concern, but it may be a reason that the airbags did not deploy and may not be the fault of the original car manufacturer if this situation does occur.
When you are suffering from a severe injury that has come as the result of a car accident, give us a call at the CEO Lawyer Personal Injury Law Firm. We are here for you and will help you to get the recovery that you deserve. We will give you peace of mind to know that your concerns are being heard, and we will get you the compensation that you should have as a result of being injured from the wrongful actions of other parties. If you have had a loss with an airbag in a car accident, call our team of injury and accident attorneys at (833) 254-2923.
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Frequently Asked Questions
After a personal injury, you're bound to have legal questions. The CEO Lawyer Ali Awad can provide you with answers to these questions, just as he's given answers to his millions of curious social media followers. Take a look at some of the most common personal injury law questions for general information, and then reach out to one of our seasoned attorneys for specific guidance on your case!
To quickly resolve matters following an accident, insurance companies will offer you less than you deserve in compensation for your injuries. Many victims feel pressured to accept these offers as the bills begin to pile up, but that is rarely a good idea. The insurance company is looking to protect its bottom line; and will offer injured victims less than they deserve. An experienced personal injury attorney understands how to negotiate with the insurance company and can look out for your best interests by getting you the compensation you deserve after an injury. If you or a loved one has been injured in an accident, it is important to avoid negotiating or providing recorded statements to the insurance company without first seeking help from a qualified personal injury attorney.
Do You Have a Personal Injury Case?
The best way to determine if you have a personal injury case is to speak with a knowledgeable attorney. Our legal professionals have the expertise to evaluate your case and determine a strong legal strategy so that you can obtain the greatest amount of compensation possible under the law. We will enlist investigators, assistants, and other specialists to collect accident reports, speak with witnesses to your accident, and put together a plan. While you focus on your physical recovery, we will remain committed to fighting for the compensation that you deserve.
Georgia's Personal Injury & Accident Firm
Accident victims have a limited time to file a personal injury lawsuit. This time period is referred to as the statute of limitations, and in Atlanta, it lasts only two years. This means that if you or a loved one has been injured in an accident, you have only two years to pursue a personal injury suit. If you wait too long to reach out to an experienced attorney, you might be forever barred from seeking the compensation you deserve.
What to Expect From Your Initial Consultation With a Personal Injury Attorney?
During your initial consultation with CEO Lawyer team, we will go over the important details of your personal injury accident, which include the nature and extent of your injuries, how your injuries have impacted your ability to earn a paycheck, the cost of your medical treatment, and whether further medical treatment will be required. We will answer any questions you might have, as well, in regards to our experience, our track record of success, and what to expect from the legal process.
Many personal injury victims wonder if they will be able to afford the legal fees required to pursue a lawsuit. CEO Lawyer injury and accident attorneys will not ask for any type of upfront fee unless we are successful in obtaining compensation for you. That means that if you have been harmed in a motor vehicle accident, slip and fall accident, defective product accident, or any other type of personal injury accident, you can absolutely afford to contact our law office today for assistance. In fact, you cannot afford to wait. Reach out today.
We understand that some accident victims might have already obtained the assistance of an attorney but may be dissatisfied with the services provided. We are standing by and prepared to help you change legal representation, regardless of where you are in the process.
Speak to an Experienced Personal Injury Attorney Today
If you or a loved one has been injured in any type of personal injury accident, you should not hesitate to speak with the experienced attorneys at CEO Lawyer personal injury law firm. Call, email, or fill out our online contact form today so that we can begin helping you pursue the compensation you deserve.