Can I Still File a Car Accident Claim If the Airbags Never Deployed? – Cochran Law
Legally Reviewed and Edited by: Terry Cochran
Car accidents can cause terrible injuries and even death. Car manufacturers have worked for years to develop safety features to reduce the likelihood of injuries in accidents.
One of the safety improvements has been the airbag. According to the NHTSA, frontal airbags saved over 50,000 lives between 1987 and 2017.
However, airbags can fail to deploy and cause severe injuries. If you have been involved in an auto accident where the airbag did not deploy properly and want to file an accident claim, you will need help with the legal process. The knowledgeable car accident lawyers at Cochran, Kroll & Associates, P.C. can guide you through the steps required to receive the compensation you deserve.
How Do Airbags work?
Most new model vehicles are fitted with driver and front passenger airbags, and some also come with side airbags for rear passengers. These are designed to provide shock-absorbing protection in the event of a collision.
When your vehicle collides with another object, a signal is sent to the airbag. This initiates a process that causes it to inflate. This process takes less than a fraction of a second. The airbag is designed to prevent your body from hitting the dashboard or steering wheel.
Why Don’t Airbags Deploy in Every Accident?
Airbags are not designed to deploy on every impact. Whether they deploy or not depends on the intensity and location of the impact.
According to the National Highway Traffic Administration, airbag deployment occurs when a vehicle collides with a solid fixture at more than 14 mph on the near front side of a vehicle.
If this type of impact doesn’t occur, the airbag may not deploy because the airbag sensors were not triggered. So, it is possible for the airbags not to inflate during a crash. This is particularly true of rear-end collisions.
Some vehicles have side and passenger airbags. These are activated when the vehicle detects a passenger in the front or rear seat. The passenger must be over a certain weight and height to activate the sensor. However, the airbag may not deploy during a side collision if the passenger is under the required weight and height requirements, such as a child. This is because airbag deployment can cause serious injuries to children.
Evidence to Prove Your Injuries When the Airbag Didn’t Deploy
The evidence required to pursue compensation in a personal injury accident claim is the same, whether the airbag deployed or not. Car accident injuries may be sustained in any kind of car accident.
Injury victims involved in minor accidents typically experience:
- Whiplash
- Concussion
- Herniated discs
- Sprains or strains
It is crucial for you to seek medical treatment immediately after the accident. Proving these injuries requires evidence from your medical practitioner showing they are the result of an accident.
Can the Insurance Deny My Claim?
An insurance company should not be able to deny your claim solely because your airbag failed to deploy during a crash. Remember airbags are not designed to deploy in every kind of crash. If the collision was low speed or a rear end collision the airbag may fail to deploy.
The type of accident is a more significant factor in your ability to recover compensation than whether or not the airbag deployed.
Filing a Claim When Your Airbags Didn’t Deploy.
Even if the accident is minor and the airbag didn’t inflate you should seek immediate medical treatment. If you do not think you have suffered a serious injury, it is always advisable to have a professional medical diagnosis of your injuries because some injuries can manifest days or weeks after the auto accident. Also, documenting medical assistance from the date of the accident can help build your case, if the symptoms of your injuries are delayed.
Once you have received medical treatment you should file a Personal Injury Protection (PIP) claim.
Defective Airbags That Do Not Deploy
If an airbag is defective it may not deploy correctly or at all. Common defects that cause failure to deploy are:
- Defects in the airbag module
- Defective sensor
- Defective wiring
- Defective components
If the airbag fails to inflate during a major collision it is extremely serious. The consequences can be serious injury or even wrongful death. If the reason it failed to deploy is a manufacturing defect, the manufacturers or their suppliers could be held accountable as the liable party.
An auto accident attorney at our law firm can provide legal advice regarding meeting deadlines, gathering evidence, and communicating with the insurance company and their legal team on your behalf.
Let the Experienced Attorneys at Cochran, Kroll & Associates, P.C. Fight for Your Rights
The experienced lawyers at Cochran, Kroll & Associates, P.C. offer compassionate legal counsel in Michigan. Our law offices are a place where you can seek advice under the privilege of an attorney-client relationship.
Call us today if you have questions about your situation or require more information about filing a personal injury case. Contact our law firm at 1-866-MICH-LAW to schedule a confidential, free consultation.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.
