Practice Areas
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.