Airbags form part of a vehicle’s safety features. They are meant to deploy within a split second to protect you and your family from injury during an accident.
Unfortunately, the force of airbag deployment can also cause injuries. So, while these safety devices are necessary to save lives, they are often considered dangerous.
Nevada is no stranger to car crashes, and 43% of Nevada accidents happen in Las Vegas. This makes the area a hotspot for crashes that cause injury, including injuries caused by airbags.
If you are a Vegas resident, you may wonder whether you can take legal action if you are injured by your airbag deployment after an accident. It may be possible to sue in some cases, but it depends on different factors.
How Do Airbag Injuries Happen?
For airbags to deploy, an accident must be moderate to severe. These bags deploy within 30 milliseconds of a collision, even at rates of 200 mph.
The force of impact in an accident influences whether airbags deploy at all. Generally speaking, they should eject outward if there is a collision with a fixed solid object or barrier after going 8 to 14 mph. If the crash involves a softer surface, the deployment threshold is 16-28 mph.
At low speeds like this, you can still sustain injuries from the impact, as well as the airbags.
The most common causes of airbag injuries include:
- Malfunctioning airbags. If the airbags in your car are defective, they may fail to deploy at all. This could lead to more severe impact injuries in an accident.Conversely, they may deploy when you least expect them to. For instance, you could just go up your driveway and have the bags explode in your face.
- Excessive force. Some airbags tend to deploy with excessive force. When you have a frontal bag that deploys with extra force right in your face, you can sustain whiplash or even a fracture.
Fortunately, modern cars have advanced airbag systems that can automatically adjust the deployment force of airbags.
- Sitting too close to the steering wheel. If you are on the shorter side, chances are you pull your seat close to the steering wheel.
The problem is that if you sit too close to the wheel, you are at a higher risk of injury if the airbag inside it deploys. The same goes for sitting too close to the dashboard on the passenger side.
- Chemical and frictional burns. You could even sustain burns because of the chemicals inside airbags.
Most Common Airbag Injuries
Airbag injuries are not all severe, but they can be. How serious they are depends on the car’s speed when it crashes. They also depend on whether the driver and passengers were wearing their seatbelts at the time.
Some of the most common injuries include the following:
- Cheekbone or other facial fractures, as well as burns
- Eye socket injuries and temporary vision impairment
- Neck injuries or whiplash
- Sternum fractures and broken ribs
- Traumatic brain injuries
- Organ damage and internal bleeding
If you experience any of these types of injuries after your airbag deploys, you may be able to sue for compensation.
Who Is Liable for Airbag Injuries?
If you want to file a legal case, you must determine who is liable for your injuries. After all, the airbag is an object only. You must find out why the airbag harmed you if it was defective and whose fault it was.
Several parties may be responsible for defective airbags. These include the following:
- Vehicle manufacturer. If your car’s airbag is defective, you may have a claim against the manufacturer. Car manufacturers must ensure that vehicles and their safety features work properly before selling them.
Some defects include faulty sensors, which cause the airbag to deploy when it’s not necessary. Sometimes, they fail to deploy when they should. Other times, they deploy with far too much force. All of this can cause severe injury.
- Airbag manufacturer. If a third-party manufacturer produces your car’s airbags, they may be liable for your injuries. If you want to use a third party, you must prove the airbag’s design, production, or testing failed.
- Repair shop. It is also possible that a mechanic could have damaged your airbags while servicing your car. This does not happen often, but you have grounds for a legal case if it does.
- The other driver. If you are in an accident caused by another driver, they can be held responsible for your injuries. This would include the injuries caused by your airbag deploying.
- Car rental company. If you were driving a rental car and the rental company knew about the airbag defect, you could bring a legal case against them.
Suing for Airbag Injuries in Las Vegas
If you can prove another party’s negligence or a manufacturing defect, you should ask a lawyer to help you file a claim.
Your lawyer can advise you on the type of claim to file. For example, you may be able to file a product liability claim if a defective airbag caused your injuries.
Nevada recognizes three types of product liability claims. The first is a manufacturing defect, which typically means the airbag was not produced correctly.
The second is a design defect, which means the airbag still poses a danger even when deployed correctly.
The third type is a failure to warn claim. If the manufacturer did not highlight or provide warnings about airbag risks, you also have reason to file a claim.
You could file a negligence lawsuit if another party were negligent in maintaining or servicing your airbag system. If another driver caused the accident that caused you airbag injuries, you can file a personal injury claim.
Use the Legal Options You Have After an Airbag Injury
To pursue a legal case, you must gather the right evidence. A lawyer can help you compile all the necessary evidence, including a crash report, medical records, vehicle inspection reports, and more. If there were a recent recall related to your vehicle or airbag, it would support your claim.
With the help of your lawyer, you can seek compensation for medical expenses, loss of income, and pain and suffering. If you are pursuing such a case, you have two years from the date of the injury to file a personal injury claim against another driver.
Always consult a lawyer as soon as possible after an airbag injury to get the best advice on the way forward.
