If you are in a car, you expect the airbags to protect you by inflating each time there is an accident. Airbags are designed to cushion passengers and reduce injury risk. However, sometimes airbags fail to inflate or deploy incorrectly. This could cause injuries that the airbags were supposed to save the occupants from. The Takata airbag recall was one of the automotive industry's biggest safety recalls, revealing the risks associated with faulty airbags. This recall showed that in case of an accident, the airbags are capable of causing harm rather than providing the expected protection.

If you are a victim of airbag defects, you may file for compensation. Holding manufacturers accountable for flaws in their safety systems is your right. Knowing your legal options and rights is crucial if you are a victim of airbag problems. The information below will help you get started.

How Airbags Work

Airbags are vital since they are meant to minimize the harm vehicle passengers would otherwise suffer if they did not deploy or the vehicle did not have airbags. The deployment process starts with sensors all over the car that can identify instances where the vehicle suddenly decelerates or has an impact. When these sensors detect a severe impact, they relay the information to the airbag control unit, which initiates the inflation process.

This inflation is critical in the operation of the airbag. The inflation system triggers the chemical reaction, which results in gas formation, thereby inflating the airbag in milliseconds. In most cases, frontal airbags inflate in less than 1/20th of a second. The fast inflation guarantees that the airbag is fully inflated before any of the occupants come into contact with it, and this offers a cushioning layer, which, on impact, reduces the chances of the occupants suffering from severe injuries caused by hitting hard surfaces inside the vehicle.

When inflated, the airbag deflates through small holes that let gas be released in a controlled manner. This controlled deflation minimizes the effects on passengers, absorbs the energy from an impact, and minimizes the odds of sustaining an injury.

Airbags are best used in combination with seat belts. In addition to restraining passengers from being thrown forward, as in the case of seat belts, airbags also protect passengers from impact by cushioning them. Combined, they provide nearly complete protection, reducing the possibility of getting injured in an accident.

Airbags are designed to inflate and help passengers during an impact, but the speed at which they inflate may be dangerous. Airbags work within milliseconds to protect the occupants in case of an accident, but the speed and force applied are also dangerous. Persons sitting close to the airbag or not fastening their seat belts correctly may sustain abrasions, burns, or fractures. The chemicals used in the inflation process can also cause burns, affect breathing, or cause skin reactions.

Children and smaller passengers are the most affected when airbags are deployed. Airbags are typically designed for average-built people, and therefore, when deployed on small bodies, they cause severe harm due to the impact. Children should be properly seated in the back seat, and you should use the proper child restraints to minimize this risk.

When Do Airbags Fail and Cause Injuries?

Airbags are generally very effective in protecting those inside the car during an accident. They greatly minimize the chances of death or serious injuries. However, despite their overall success, airbags may sometimes lead to injuries or even wrongful death in some circumstances. These issues often arise from:

  • Significant problems associated with the airbag design.

  • Airbag installation defects.

  • Recycled or counterfeit airbags.

  • Missing warning labels.

  • Improper use of the airbag.

Defects in the Airbag Design and Its Manufacturing

An airbag must be designed and manufactured to the highest standards to protect the occupants effectively in an accident. Flaws in these areas can lead to the non-deployment of an airbag and life-threatening consequences.

For example, if designers place sensors inappropriately or choose the wrong timing for the airbag's deployment, the airbag might not inflate when it is supposed to or inflate with excessive force. Poorly calibrated sensors might fail to detect a collision, leaving occupants vulnerable. In other instances, the airbag could deploy without an impact. This could cause injuries due to the forceful inflation, particularly for the smaller-bodied occupants or children.

Manufacturing defects can also compromise airbag performance. Failure can occur from using low-quality components, assembling them incorrectly, or installing a faulty inflator mechanism. The Takata airbag recall is a good example. The inflator exploded while deploying the airbag and sent shrapnel into the car’s cabin, leading to grave injuries or death. Likewise, improper stitching or frail seams of airbags could burst during inflation. In turn, the airbags fail to deploy and thus reduce their protective capacity.

Defective airbags pose a dual threat:

  • They can cause harm to people when deployed and

  • Fail to provide the needed protection during an accident.

In the same way, if the airbag fails to inflate during a frontal crash, passengers are at high risk of suffering from head injuries after striking the steering wheel or the dashboard. An improper airbag might cause passengers to adopt postures that expose them to injury risks.

Airbag Installation Defect

Airbags are essential in protecting the occupants during an accident. However, they have to be correctly fitted. If the airbag is not installed properly, it will not inflate when it is supposed to or inflate incorrectly, which may cause injuries. This risk is mainly realized in body shops, where technicians work with and refit the airbags after an accident.

Technicians must follow exact procedures for installing airbags. They must ensure the airbag module is properly installed, the wiring is properly connected, and the system is reprogrammed correctly. Misaligning the module or failing to connect the wires correctly can prevent the airbag from deploying as required during an accident.

Not all body shop technicians have the specialized training required for airbag installation. Some may lack the qualifications or fail to follow the manufacturer’s instructions, hence the risk of failure. Body shops should hire qualified technicians who have undergone airbag system courses. Car owners should ensure that the shops they take their vehicles to for repairs have good safety standards and that the technical staff are qualified.

Recycled or Counterfeit Airbags

Airbags are only effective if they are of the correct make and all components are operational. This is not guaranteed in recycled or counterfeit airbags, which present significant dangers and thus should not be used.

Recycled airbags may be missing some components that were damaged during the recycling process. Hence, they may not inflate during an accident or may inflate inadequately. This failure can result in serious consequences, including severe injuries and/or fatalities.

Counterfeit airbags are even more dangerous. They usually use substandard materials and do not undergo the same levels of testing as genuine airbags. These problems could cause the airbag to discharge with excessive force or not at all, resulting in further harm. Counterfeit airbags may also have sharp objects that can become projectiles dangerous to the car's occupants.

Counterfeit and recycled airbags are dangerous to the safety of the vehicles in question. Genuine airbags are well-designed and tested to ensure they deploy effectively, conforming to the car's design and occupants' positions. Substandard replacements cannot provide this level of safety.

Missing Warning Labels

Lack of labels on airbags or in strategic areas where vehicle occupants can see or limited information about airbag deployment can significantly raise the level of danger. Car manufacturers must place warning labels on the airbags so the occupants know how to use them and the risks involved. These labels are integral in informing the passengers on the correct posture in the car and how to adjust the seat belt to get the most out of the airbag.

The warning labels usually contain basic instructions, including:

  • Maintaining a certain distance from the airbag.

  • Not having a child in the front seat, and

  • Wearing the seat belts correctly.

These instructions ensure that passengers do not suffer burns or abrasions if they are too close to the airbag when it deploys.

Without these labels or with unclear information, the occupants will not have information on the correct posture to be in and know how to operate the airbag system. This can cause improper seating or lack of use of seat belts, which is likely to result in more injuries in case of an accident.

Improper Use of the Airbag

If an airbag is misused, for example, by sitting close to it, not using a seat belt, or placing a child in a front seat, the use of an airbag can increase the risk of injury when it deploys. The defendants can always blame these actions as the leading cause of the injuries, arguing that your misuse is the cause.

However, this does not rule out the possibility that the airbag's defects could have contributed to the injuries. The airbag should work even if the occupants do not follow the safety measures recommended by the manufacturers. If the airbag has design flaws, manufacturing defects, or installation errors, it may fail to deploy correctly or deploy with too much force, and regardless of how the occupant used the vehicle, he/she may be injured.

Thus, an expert will investigate the airbag to prove negligence and check for compliance with the manufacturer’s standards. They can demonstrate how a given airbag might have led to injuries in the event of a mechanical failure. In deciding whether the airbag was improperly used, the courts will consider the impact of misuse as well as the performance of the airbag in offering protection.

Seeking Compensation for Airbag Malfunctions

When pursuing a civil action, you seek compensation for injuries caused by specific parties deemed at fault. They are the parties that end up being defendants in your lawsuit. You must first determine who is at fault. When an airbag fails to deploy, you can sue the following parties:

  • The manufacturer of the airbag.

  • The company that installed it improperly.

  • The repair shop or

  • The supplier of substandard or fake airbags to the vehicle manufacturers.

For example, you can sue the manufacturer if a design flaw leads to the airbag's failure. If improper installation led to the problem, then it may be the repair shop or the technician at fault.

If you are suing for damages for injuries resulting from airbag failure, you must prove that the malfunction likely caused your injuries. You must present strong evidence, like accident reports, doctors’ statements, mechanical examinations, and professional witnesses to achieve this.

It is even more compelling if you identify the particular airbag model in question, as it will significantly strengthen your case. A recall means that the manufacturer recognized a flaw in the airbag, which goes a long way in proving that the failure was due to a known flaw instead of a singular malfunction or misuse.

To use a recall to your advantage, provide documentation showing that the recall applies to the airbag in your vehicle. This documentation could include recall notices or manufacturer bulletins. Moreover, you should link the recall defect directly to the airbag failure you experienced. For example, if the recall addressed a problem with the airbag’s inflator or sensor system, demonstrate how this defect caused the malfunction.

Sometimes, the testimony of an expert is considered very important. The recall defect impacts the proper functioning of the airbag, and expert witnesses can relate it to the failure you experienced. They can explain technicalities and establish the relationship between the recall and your injuries.

Nevada applies the modified comparative negligence, which defines how the compensation is awarded in personal injury cases, including airbag failures. The value of damages you can recover has to be determined by the fault of each party in the standard. This is done by evaluating:

  • The extent to which the failure of the airbag contributed to the injuries you sustained and

  • How your actions might have influenced the outcome.

The court or the jury will then decide on a percentage of fault for which each party is legally liable.

Once the fault is established, your compensation will be reduced by your percentage of fault. For example, if a case involves $100,000 in damages and you are found to be 20% to blame, you will be awarded $80,000.

One point to note is that you cannot recover damages in Nevada if you are more than 51% at fault. If you are considered 51% or more at fault, then you stand no chance of being compensated by the defendant.

Can I Sue If a Passenger Died in an Accident Because of the Airbag Failure?

Yes, you can seek compensation through a wrongful death claim if a loved one dies because of airbag failure. This lawsuit allows you to hold accountable those responsible for the defect or malfunction that led to the tragic accident.

In a wrongful death claim arising from airbag failure, you have to prove that the airbags did not function as they were supposed to, as is the case if you were injured. You also have to prove that the airbag’s failure was the proximate cause of or a substantial factor in your loved one’s death. Expert witnesses, like vehicle engineers or accident reconstruction specialists, can provide vital insights into how the airbag’s malfunction contributed to or worsened the fatal injuries.

In a wrongful death claim, you can claim for all expenses incurred in treating the deceased, the burial expenses, and wages that the person would have earned had he/she lived. Moreover, you could seek other damages for non-financial losses, including loss of companionship, consortium, emotional anguish, and grief you and other family members suffered.

Find a Personal Injury Attorney With Experience in Airbag Failure Cases Near Me

Pursuing a claim for compensation due to injuries, losses, or the tragic death of a passenger from an airbag failure can be challenging. However, the Takata airbag recall revealed the risks of defective airbags and paved the way for legal cases on these faults. This recall demonstrated the dangers posed by a faulty airbag, which can cause injuries or even fatalities instead of protecting occupants.

If, for some reason, the airbag has not inflated to its optimum capacity and has caused harm to you or your family member, you have every right to sue for the same. You could sue for the cost of treatment, loss of earnings, compensation for pain and suffering, and, where the worst has occurred, wrongful death. It can be overwhelming when handling the process, especially when dealing with insurance companies and the issue of proving that a particular product is defective. However, you do not have to go through the process alone.

At the Las Vegas Personal Injury Attorney Law Firm, we are familiar with airbag defect lawsuits and can help you through every stage of the process. We will secure necessary evidence, including expert testimony and accident reports, that can be useful in the case. We will fight for your rights to ensure that you receive fair compensation. If you or someone you know has been injured or died due to an airbag failure, talk to us today. Call us at 702-996-1224 for further assistance.