Can I sue the automobile manufacturer if my airbag does not deploy?

Personal Injury Attorney Ben Schwartz answers a question from William in Wilmington, Delaware: Can I sue the automobile manufacturer if my airbag does not deploy? Keep reading or watch the video to find out what happens if you’ve been injured in an automobile accident because your airbag did not deploy.

Can I sue the automobile manufacturer if my airbag does not deploy?

Hi, I’m Attorney Ben Schwartz,

Today we are going to answer a viewer question from William in Wilmington, Delaware. He says, “I was rear-ended in a car accident and sustained some very severe injuries. I would like to know if I can pursue a claim against the manufacturer of my car because my airbag did not go off?”

This is a very frequently asked question by people who have been injured in automobile accidents.

When you are an attorney who is handling automobile accidents, one of the jobs that you have is to identify all potential claims against all potentially liable at-fault parties in order to make sure that you bring all claims that could be brought. If you are injured in an accident, one of the things that the attorneys should look at is what is called crash-worthiness of the vehicle that you were riding in. In other words, the vehicle is there to protect you. It is specially designed to protect you from impacts from crashes. Did it do its job? One of the ways that cars and trucks fail to do their job to protect you in an accident is by having airbags that are defective. Sometimes you run in to defective airbags. You can go online and search for recalls and you will see many of the recalls involving passenger automobiles also involve airbags.

One of the things you need to look at in an auto case is, did the airbag go off? Did it act as it was supposed to? Did it provide protection to the occupants of the vehicle? The way that airbags work however, is very specific. Most airbags use what is called a ball and tube mechanism and within the vehicle there is a tube with two electrodes on the front of it. There is a metal ball at the back of the tube that is being held at the back of the tube by a magnet.

When you get in to a frontal impact (auto accident), the ball goes forward because of inertia, it is metal, it touches the two electrodes and closes the circuit and that lights off the airbags.  If you have a frontal impact (automobile accident), typically between 8 to 14 mph, you should expect that your front impact airbags should light off. If you are rear-ended in an automobile accident, then we would have to look at the facts of the case. We have to examine the facts of the accident, because if you are simply rear-ended, and there is no frontal impact, it may be the case that you should not expect those airbags to go off. The rear impact may not be the type of impact that will close the circuit and light off those airbags.

Essentially what you need to do, if you have the situation where you had a car accident or truck accident and your airbags did not go off, you have been injured in the accident and you think that perhaps the airbags did a deficient job, or they were defective in protecting you, what you need to do is, get with an attorney who handles a lot of auto accident, personal injury, and wrongful death claims, and get the attorney and his accident re-constructionist to take a look at the case and see if the airbags should have gone off.

I hope that answers the question. If you have questions for me about auto accidents, personal injury cases, airbags not going off, send me an email. I’m Attorney Ben Schwartz and I hope you found this video to be informative and educational. If you have questions for me, send them to me below and we will see if we can answer them in video format. Thanks for watching.

Can I sue the automobile manufacturer if my airbag does not deploy?

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