Can Airbag Failures Lead To Lawsuits

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Airbag failures aren’t always obvious. Sometimes the damage is extensive enough that the airbag should have deployed, but didn’t. Other times, the airbag deploys late, with insufficient force, or even malfunctions during deployment, causing further injury. Regardless of the specific failure, a non-deploying or malfunctioning airbag can dramatically increase the severity of your injuries in an accident, potentially leading to significantly higher medical expenses, lost wages, and long-term pain and suffering.

The critical question, then, isn’t just whether the accident happened, but whether a functioning airbag would have mitigated your damages. Proving this requires a thorough investigation, often involving accident reconstruction experts and forensic analysis of the vehicle’s airbag control module and event data recorder (the “black box”). These investigations can be costly, but are essential to establish liability and maximize your recovery.

For over 13 years, I’ve practiced personal injury law here in San Diego, and I can tell you one thing definitively: insurance companies aren’t going to simply accept your word for it. They’ll scrutinize every aspect of your accident, looking for any reason to minimize their payout. I was trained by former insurance defense attorneys, and that experience gives me intimate knowledge of how they evaluate claims, devalue settlements, and deny legitimate injuries. It’s a fight you don’t want to go into unprepared.

What types of defects can cause an airbag to fail?

Airbag failures can stem from a wide variety of issues, often requiring expert examination to pinpoint the precise cause. Common defects include problems with the airbag control module (ACM), the sensors that detect a crash, the wiring harness connecting these components, or even the airbag itself. Corrosion, manufacturing flaws, and improper installation or repair can all contribute to malfunction. Often, these failures are linked to latent defects that affect entire vehicle models, prompting recalls – but it’s crucial to remember that a recall doesn’t automatically mean a claim is approved; you still need to prove the defect caused your injuries.

More recently, we’ve seen cases involving Takata airbags, where the propellant used in the airbags degraded over time, leading to explosive rupture upon deployment, causing shrapnel injuries. These cases are particularly complex due to the large number of vehicles affected and the ongoing nature of the recall process. It’s vital to have an attorney experienced in handling these types of claims to navigate the legal landscape and ensure you receive the compensation you deserve.

What evidence do I need to prove my airbag failed and caused my injuries?

Establishing a link between an airbag failure and your injuries requires a comprehensive collection of evidence. First and foremost, the police report and any photos or videos from the accident scene are crucial. However, these are rarely sufficient. The vehicle itself is the most important piece of evidence. We’ll engage an accident reconstruction expert to examine the car’s event data recorder (EDR), also known as the “black box,” which records vital information leading up to and during the crash.

Furthermore, we’ll need to obtain the vehicle’s maintenance records to determine if there were any prior issues with the airbag system. Expert testimony from a forensic engineer specializing in airbag technology is often necessary to explain the failure to a judge and jury. Finally, detailed medical records documenting the extent of your injuries and the treatment you’ve received are paramount. It’s essential to preserve this evidence and consult with an attorney as soon as possible to ensure it’s properly collected and protected.

What is the statute of limitations for filing a lawsuit related to an airbag failure?

In California, you generally have a two-year window from the date of the accident to file a lawsuit for personal injury. However, this is not a hard-and-fast rule, and there are exceptions. For instance, if the accident involved a government entity (like a San Diego City vehicle), you MUST file a formal administrative claim within 6 months (180 days) under the Government Tort Claims Act. Failing to meet these deadlines can permanently bar your claim, even if it has merit. Therefore, it is imperative to consult with an attorney promptly to understand the specific deadlines that apply to your case. CCP § 335.1 outlines these requirements.

Can I recover damages if I was partially at fault for the accident?

Yes, California follows a ‘pure’ comparative fault system. This means that you can recover damages even if you were partially responsible for the accident. However, your recovery will be reduced by your percentage of fault. For example, if you suffered $100,000 in damages but were found to be 20% at fault, you would only be able to recover $80,000. Determining fault is often a complex process, involving investigation of the accident scene, witness testimony, and police reports. The insurance company will attempt to minimize its liability by arguing you were more at fault than you actually were, making it even more important to have a skilled attorney on your side. Civ. Code § 3294 is relevant in determining these issues.

What if the airbag manufacturer issued a recall for my vehicle?

A recall is a strong indicator of a known defect, but it doesn’t automatically guarantee a successful lawsuit. You still need to prove that the defect caused your specific injuries. The recall notice will often outline the affected vehicles and the steps the manufacturer is taking to address the problem. We’ll use this information to build your case, demonstrating that the manufacturer was aware of the defect and failed to adequately warn consumers. Furthermore, we’ll investigate whether the recall repair was performed correctly and whether it would have prevented your injuries. Even if a recall repair was made, it doesn’t necessarily shield the manufacturer from liability if the repair was inadequate or ineffective.