What Are Your Rights If Your Airbags Didn’t Deploy in Your Auto Collision?

car crash front end damage

If you were injured in a car crash that was not your fault in Virginia, you are entitled to compensation for your injuries from the negligent parties. However, if your airbags did not deploy in the crash, your injuries could be more severe—and your claim may be more complicated. 

You may still have the right to file a claim with the driver’s insurance company if their negligence caused the crash, but you could also pursue a product liability claim against the airbag manufacturer.

Reasons Your Airbag May Not Have Deployed

Airbags are designed to reduce the severity of driver and passenger injuries in a car accident. They are not designed to deploy in all crashes, but are only supposed to deploy when a collision is moderate to severe. Factors that affect whether they will protect the victim of a crash include:

  • The speed of the auto at the time of the crash
  • The direction of the impact in the collision
  • The type of vehicles involved in the wreck
  • The location of the crash sensors
  • The airbag’s design

There are many reasons an airbag may not deploy. Some reasons associated with a problem with the airbag include:

  • Airbag computer activation problems
  • Defects in the crash sensors
  • Defects in the electrical components
  • Wiring that was severed or not connected properly
  • Other flaws in the design or manufacture of the airbag

What You Must Prove to Hold the Manufacturer Liable for Your Injuries

To win your product liability case, you must prove that a manufacturer error caused the airbag’s failure to deploy. You would need to establish the following:

  • The airbag was supposed to deploy but failed to do so.
  • The airbag was unable to deploy due to a manufacturing or design problem.
  • You suffered injuries because the airbag did not deploy.
  • The defective airbag was a direct cause of your injuries.

If your airbag did not deploy, you need the help of an experienced car accident lawyer to prove your right to compensation and obtain all the damages you deserve. To learn how we can assist you, call our Norfolk office at 877-960-3441 or fill out our online form to schedule a free, no-obligation consultation today.