Have you ever considered what occurs when your car’s airbags do not deploy during an accident? Airbags are supposed to protect you, but they can lead to serious injuries when they don’t work. The settlement amounts in such cases can vary widely, depending on how bad the injuries are and how much they affect your life. Some folks might get tens of thousands, while others could see hundreds of thousands in compensation. This article discusses what you need to know about these settlements and why airbags are crucial for safety.
Key Takeaways
- There is no reliable average settlement for airbags not deploying because these cases depend heavily on the injuries, the crash facts, and the strength of the defect evidence.
- A claim may involve the vehicle manufacturer, airbag manufacturer, parts supplier, or another company in the product chain.
- Case value is usually driven by medical expenses, lost income, future treatment, permanent impairment, pain and suffering, and whether the airbag failure can be clearly connected to the injuries.
- Airbag cases often require vehicle data, crash reconstruction, recall history, and expert analysis.
- In Illinois, acting quickly matters because evidence can be lost and filing deadlines apply.
What Is the Average Settlement for Airbags Not Deploying?
There is no reliable “average settlement” that predicts what an airbag not deploying case is worth. These claims vary widely because the value depends on the facts of the crash, the seriousness of the injuries, the medical treatment required, whether the defect can be proven, and whether the non-deployment caused or worsened the harm.
A stronger case may involve evidence showing that the crash was serious enough to trigger airbag deployment, the airbag system failed to respond as it should have, and the injured person suffered harm that likely would have been reduced if the system had worked properly.
Instead of relying on a broad settlement range, it is more accurate to evaluate a case based on factors such as:
- the severity of the injuries
- emergency and ongoing medical treatment
- surgery, rehabilitation, and future care needs
- lost wages and reduced earning capacity
- permanent disability or disfigurement
- pain and suffering
- crash data, vehicle damage, and expert analysis
- recall history, service records, and product-defect evidence
The best way to evaluate an airbag non-deployment lawsuit is through a fact-specific review of the injuries, vehicle data, and evidence of defect and causation.
How Do Airbags Work?
Airbags constitute a vital component of your vehicle’s safety system, engineered to safeguard you in a collision. So, how do they function? It all begins with sensors. These little devices are scattered around your vehicle, mainly in the front and sides. They measure the force of impact during a collision. These sensors signal the airbag‚Äôs control system if the crash is strong enough.
Once activated, the control system triggers an inflator. This component is particularly noteworthy as it combines chemicals to generate nitrogen gas. This gas inflates the airbag almost instantaneously, referring to a duration of less than 1/20th of a second. This rapid inflation creates a cushion that can prevent you from hitting hard surfaces like the steering wheel or dashboard.
The airbag is made of nylon and is usually tucked away in spots like the steering wheel, dashboard, doors, or even the seats. When it deploys, it acts as a soft barrier between you and the car’s parts that could cause injury.
Airbags are designed to work best when you are wearing your seatbelt. Advanced systems can even adjust how much the airbag inflates based on whether the seatbelt is in use. So, it is not just about having airbags but using them with other safety measures.
In terms of effectiveness, airbags have been a game-changer. According to the National Highway Traffic Safety Administration, these devices have saved over 50,000 lives since they became a standard feature in the late ’80s. They are not foolproof, but when they work, they significantly reduce the risk of serious injuries by absorbing much of the impact during a crash. Therefore, the next time you fasten your seatbelt, remember that the airbag serves as an additional layer of protection.
How Do Airbags Cause Injuries?
Airbags are designed to save lives, but sometimes, they can cause injuries themselves. When an airbag deploys, it explodes at high speed, leading to various injuries. Facial injuries , including bruises, abrasions, or even fractures, are common. The chemicals used in the airbag can cause burns, and the loud noise from the deployment can damage hearing. The force exerted on the body can also cause neck and spine injuries, such as whiplash.
The risk of injury is higher for children and small adults if they are not seated correctly or are in the front seat. To minimize these risks, it is important for everyone to wear seat belts and for children to be properly restrained in the back seat. Sometimes, airbags can malfunction, either inflating unnecessarily or failing to deploy when needed, leading to severe consequences.
In some cases, the airbag can cause more harm than good. It’s crucial to understand that while airbags are meant to protect, they can also be a source of injury, especially if there’s a defect or malfunction. For more on how airbags can lead to injuries, read about neck injuries such as whiplash.
How Do You Know If an Airbag Is Defective?
Determining if an airbag is defective isn’t always straightforward, but knowing the signs can help. Airbags are crucial safety devices that can lead to severe consequences when they malfunction. Here is how you can spot potential issues:
- Failure to Deploy: This is a red flag if your airbag doesn’t deploy during a moderate to severe crash.
- Unexpected Deployment: Airbags that go off during minor bumps or driving over potholes might be defective.
- Delayed Deployment: If an airbag inflates too slowly or after the crash, it could indicate a problem.
- Unusual Injuries: Injuries that seem too severe for the accident might suggest the airbag malfunctioned.
These issues often stem from manufacturing or design flaws. A famous case involved the Takata airbags, which were recalled because they could explode and cause injuries. Regular vehicle check-ups, especially after accidents, are essential to ensure your airbags are working correctly. If you suspect a defect, you might have grounds for a legal claim against the manufacturer or supplier.
Proving Fault in Airbag Injury Cases
Airbag defect cases usually require more than a standard accident report. The central issue is whether the airbag system should have deployed under the circumstances and whether the failure caused or worsened the injuries.
Important evidence may include:
- the vehicle itself
- event data recorder or “black box” data
- airbag control module data
- crash scene photographs
- repair and maintenance records
- recall information
- witness statements
- crash reconstruction analysis
- engineering expert opinions
- medical records linking the injuries to the non-deployment
Depending on the facts, a claim may involve the vehicle manufacturer, the airbag manufacturer, a component supplier, or another seller in the distribution chain. These cases are often expert-driven and require careful investigation of defect, causation, and damages.
Filing an Airbag Not Deploying Lawsuit in Illinois
If you believe a defective airbag caused or worsened your injuries, the legal process often begins with preserving the most important evidence before it disappears.
Investigation
The first step is preserving the vehicle, crash data, photographs, police reports, medical records, and any recall or service history. If the vehicle is repaired, sold, or destroyed before it is inspected, important evidence may be lost.
Identifying Potential Defendants
An airbag defect case may involve the vehicle manufacturer, the airbag manufacturer, a component supplier, or another entity involved in the design, manufacture, or distribution of the product. Illinois law addresses claims involving product sellers and manufacturers in the distribution chain.
Expert Review and Evidence Development
These cases often require review of event data recorder information, airbag control module data, crash reconstruction evidence, vehicle design information, and expert analysis to determine whether the airbag should have deployed and whether a defect caused or worsened the injuries.
Settlement or Trial
Some airbag defect cases settle after the evidence is developed, while others proceed to litigation if defect, causation, or damages remain disputed. The timeline depends on the seriousness of the injuries, the complexity of the engineering issues, and whether the defendants contest liability.
Illinois Filing Deadline
In Illinois, most personal injury claims generally must be filed within two years of the injury. Because product-defect cases often require early evidence preservation and expert review, it is important to have the case evaluated promptly.
Comparative Fault in Illinois
Illinois follows a modified comparative fault rule. An injured person may still recover damages as long as they are not more than 50% at fault, although any recovery may be reduced by their share of fault.mation, consider the importance of consulting a lawyer to protect your rights and secure necessary compensation.
Final Thoughts
There is no reliable average settlement for an airbag not deploying case. The value of a claim depends on the specific facts, including the seriousness of the injuries, the medical treatment required, the strength of the defect evidence, and whether the non-deployment caused or worsened the harm.
Because these cases often require preservation of vehicle data, inspection of the airbag system, and expert analysis, it is important to have the claim reviewed promptly. If you were injured in a crash and believe your airbag failed to deploy when it should have, Blumenshine Law Group can evaluate the facts of your case and explain your legal options. Call (312) 766-1000 today.
Frequently Asked Questions
What factors influence the settlement amount for airbags not deploying?
The settlement amount can vary based on the severity of injuries, medical expenses, and how much the airbag failure affected the victim’s life.
Why do airbags sometimes fail to deploy in a crash?
Airbags might not deploy if the impact speed is too low, sensors malfunction, or if there’s an issue with the airbag’s design or installation.
Can I sue if my airbag didn’t deploy during an accident?
Yes, you may be able to file a lawsuit against the car or airbag manufacturer if the failure to deploy caused or worsened your injuries.
How do airbags protect passengers in a car crash?
Airbags inflate quickly during a collision to cushion passengers, reducing the risk of serious injury by preventing direct contact with hard surfaces.
What should I do if my airbag didn’t deploy in an accident?
Seek medical attention immediately, document your injuries, and consult with a lawyer to explore your legal options.
Are airbags supposed to deploy in every accident?
No, airbags are designed to deploy only in moderate to severe crashes, not in minor fender benders or low-speed impacts.