Orange County Defective Airbag Attorney
Airbags are designed to save lives by deploying after the initial impact in a car accident, thereby preventing secondary injuries to passengers. However, defective airbag systems may fail to provide adequate protection or, worse, exacerbate injuries from subsequent impacts.
If you or a loved one has suffered injuries or fatalities due to a faulty airbag system, you may be entitled to compensation for damages such as pain and suffering, medical expenses, and more. Contact us today to speak with an experienced and reputable defective airbag attorney at Aitken * Aitken * Cohn in Orange County. We offer a free case evaluation to assess your situation and determine the best legal strategy for you.
Understanding How Airbags Function
An airbag is made from a lightweight fabric and is positioned in different locations within a vehicle: the driver’s airbag is located in the steering wheel, while the passenger’s airbag is situated behind the dashboard panel. When inflated, the driver’s airbag is roughly the size of a beach ball, whereas the passenger’s airbag is larger due to the greater distance between the passenger and the airbag. Additionally, airbags may also be installed in the car’s doors.
Each airbag is connected to a crash sensor that triggers deployment during a severe collision. Typically, collisions at speeds above eight to ten miles per hour are considered significant.
In a serious accident, the crash sensor activates an igniter that generates gas—often argon or nitrogen—to inflate the airbag in less than 1/20th of a second. The airbag then deflates immediately after deployment. This process releases various chemicals and dust, which may irritate the skin and eyes.
Reasons Airbags May Fail to Deploy
If your airbag fails to deploy during an accident that causes injury, you should report the incident to the NHTSA’s Office of Defects Investigation.
Several factors can affect airbag deployment, including the airbag’s design, the location of the sensor, and the specifics of the accident. However, airbags are not intended to deploy in every collision. Examples of situations where airbags may not deploy include:
- Minor Impacts: Airbags are not designed to inflate during minor accidents, such as fender-benders, as their deployment could potentially cause additional injuries. Seat belts are typically sufficient for protection in these cases.
- Occupant Detection: If the car’s system detects no occupant or a small-statured individual (like a child) in the front passenger seat, the advanced airbag system will automatically deactivate the passenger’s airbag.
- Post-Deployment Replacement: It is recommended to replace the airbag immediately after it has deployed. However, this may not always be the case with used vehicles.
Types of Defective Airbags
Several types of airbag defects can lead to severe injuries or death for vehicle passengers. These defects include:
- Oversized Airbags: Airbags that are too large can strike passengers upon inflation, leading to head, brain, and eye injuries.
- Untethered Airbags: Airbags without a proper strap may move excessively upon deployment, reducing their effectiveness.
- Airbag Deployment Failure: Airbags are generally designed to deploy during impacts over 25 mph. When they fail to do so, it can result in serious injuries or death.
- Unnecessary Airbag Deployment: Airbags that deploy in minor collisions, such as hitting a curb, can cause injury to passengers.
- Under-Inflated Airbags: An airbag that does not fully inflate may not provide adequate protection.
- Front-Mounted Airbag Deployment: Airbags that deploy directly at the passenger, rather than towards the windshield, can be particularly dangerous due to their high deployment speed of over 200 mph.
Defective airbag systems may result from the use of substandard materials (including sensors), outdated technology, or poorly designed deployment mechanisms. Automakers are responsible for ensuring that their airbags and other safety features are safe and effective. They may be held liable for injuries resulting from defective airbag systems.
Compensation for Defective Airbag Accidents
The purpose of damages in a personal injury claim is to compensate the plaintiff for both current and future losses. These damages are categorized into economic and non-economic damages.
Economic damages are those that can be easily quantified in monetary terms. They include costs such as property damage, lost wages, diminished earning capacity, and medical expenses.
Non-economic damages refer to losses that do not have a direct financial cost. They encompass emotional distress, loss of enjoyment of life, pain and suffering, physical impairment, and inconvenience.
There is generally no cap on the total amount of compensatory damages you can be awarded, allowing for recovery of any amount deemed reasonable and fair by the judge.
Speak with an Orange County Defective Airbag Attorney
If you or a loved one has been involved in an automobile accident and suffered harm as a result of a defective airbag system, we can help. The distinguished Orange County personal injury lawyers at Aitken * Aitken * Cohn have the knowledge and skills necessary to thoroughly investigate your case and get you the compensation you deserve for your losses. Please contact us today for a FREE case consultation.