You remember the warnings about airbags from as far back as your driver’s education course—they can break your nose, cause an eye injury, and even cause lung irritation due to the chemicals that inflate the bag. But now that you’ve been struck by the airbag in a crash, you’re wondering how to go about pursuing a case when you were hurt by something that could have saved your life.
Was the Airbag Really to Blame for Causing Your Injury?
While you may have been struck by the airbag itself, there are many other factors that could have contributed to the injury, including:
- Seat belt issues. Airbags are designed to prevent passengers from suffering serious trauma to the head and body. However, they will only work properly if the passenger is restrained by a seat belt. If the seat belt malfunctions during impact, the passenger can be injured by the airbag instead of saved by it.
- Positioning. The airbag cannot predict where the passenger will be at the time of the crash, so it is important that riders and drivers sit at least 10 inches from the airbag at all times. If your seat position required you to sit closer, you may have a claim based on improper seat design.
- Malfunction. You may have been injured because the airbag did not inflate properly, or because your vehicle’s crash sensor malfunctioned and set the airbag off accidentally.
Identifying Negligence in an Airbag Injury Case
Like most personal injury cases, you will have to prove that someone was negligent in order to win compensation. Just because you were injured by the airbag does not mean someone else is at fault. You will have to prove that the vehicle manufacturer or designer put you in a position where your injury was likely.
The most important things that will affect your case are investigation and evidence. Your vehicle contains much of the information necessary to prove you case, including the airbag, crash sensor, interior and exterior damage, and all other components that may not have worked properly at the time of the crash. Unfortunately, many crash victims surrender their wrecked cars—and all of the evidence they contain—to the junkyard or the insurance company after a crash, losing their case before it even begins.
If you have surrendered your crashed vehicle, you will likely need an attorney to help you with your injury case. We can help you get the vehicle back and stop the company from destroying vital evidence—but every day that goes by makes it less likely the vehicle will be intact. Click the contact link on this page to get started!
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