What Do I Do If an Airbag Didn’t Deploy in an Accident?

What Do I Do If an Airbag Didn’t Deploy in an Accident?

Being involved in a car accident is always a stressful and often traumatic experience. The situation can become even more concerning when you realize that your vehicle’s airbags failed to deploy during the collision. Airbags are designed to be a key safety feature in modern vehicles, intended to protect occupants from serious injuries during a crash. When they don’t function as expected, it raises questions about vehicle safety, manufacturer responsibility, and the potential for increased injuries.

If you find yourself in this situation, it’s important to understand the steps you should take to protect your health, legal rights, and financial interests. This guide will walk you through the process of what to do when airbags don’t deploy in an accident, including seeking medical attention, documenting the incident, dealing with insurance companies, and considering legal options with the help of an car accident attorney.

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Understanding Airbag Systems

Before discussing the actions you should take, it’s helpful to have a basic understanding of how airbag systems work. Modern vehicles are equipped with sophisticated airbag systems designed to deploy in specific types of collisions. These systems use sensors to detect sudden deceleration and determine whether the force of impact is sufficient to warrant airbag deployment.

However, it’s important to note that airbags are not designed to deploy in every type of accident. They are primarily intended for moderate to severe frontal or near-frontal collisions. Side-impact airbags may deploy in side collisions, but only when the impact meets certain thresholds.

Reasons Why Airbags May Not Deploy in a Crash

There are several reasons why an airbag might not deploy during an accident. The collision may not have been severe enough, as airbags are designed to deploy only in moderate to severe crashes. If the impact doesn’t meet the threshold, the system may determine that airbag deployment is unnecessary. The type of collision also plays a role, as airbags are primarily designed for frontal or near-frontal impacts. They may not deploy in rear-end collisions, minor side impacts, or rollovers.

Sometimes, there may be a defect or malfunction in the airbag system itself, preventing it from deploying when it should. If the crash sensors fail to detect the collision correctly, they won’t send the signal to deploy the airbags. In cases where the vehicle has been in a prior accident, and the airbags were not properly replaced, they won’t deploy in subsequent crashes.

In some instances, vehicles may be fitted with counterfeit airbags that don’t function properly. Improper maintenance or repair of the vehicle can also potentially interfere with the airbag system’s functionality. Understanding these potential reasons can help you and your car accident attorney determine whether the non-deployment of your airbags was due to a defect or malfunction or if it was within the expected parameters of the system’s design.

Seeking Medical Attention

After an accident, particularly when airbags didn’t deploy, seeking prompt medical attention is of the utmost importance. Even if you feel fine immediately after the crash, some injuries may not manifest symptoms right away. The adrenaline rush from the accident can mask pain and other symptoms, potentially leading you to underestimate the severity of your injuries.

Common injuries that may not be immediately apparent include whiplash, concussions, internal bleeding, soft tissue injuries, and spinal cord injuries. Whiplash, a neck injury common in car accidents, can take hours or even days to show symptoms. A concussion, which is a mild traumatic brain injury, can occur even without a direct blow to the head. Internal bleeding is a serious condition that may not show external signs immediately. Soft tissue injuries like sprains and strains may become more painful over time. Some spinal injuries may not cause immediate pain but can lead to serious complications if left untreated.

By seeking medical attention promptly, you protect your health and create a medical record of your injuries. This record can be valuable evidence if you need to file an insurance claim or pursue legal action with the help of a car accident attorney. When you see a healthcare provider, be sure to mention that the airbags in your vehicle didn’t deploy. This information can help them assess you for injuries that might have been prevented or mitigated by properly functioning airbags.

Dealing with Insurance Companies

After an accident where airbags didn’t deploy, you’ll need to deal with insurance companies. This process can be complicated and potentially frustrating. Start by notifying your own insurance company about the accident as soon as possible. Most policies require prompt notification, and failure to do so can jeopardize your coverage.

When speaking with insurance representatives, stick to the facts of the accident. Avoid speculating about fault or the reasons why the airbags didn’t deploy. Be honest in your account, but remember you’re not obligated to give a recorded statement without consulting a car accident attorney first.

If the other driver was at fault for the accident, you may also need to deal with their insurance company. Be cautious in these interactions. The other driver’s insurance company may try to minimize their liability by arguing that the airbag non-deployment didn’t contribute to your injuries. They may also attempt to get you to accept a quick settlement that may not fully cover your damages.

Keep in mind that insurance companies, even your own, are ultimately businesses focused on their bottom line. They may try to settle claims quickly and for as little money as possible. This is why it’s often beneficial to consult with a car accident lawyer before accepting any settlement offers. A car accident lawyer can help ensure that any settlement adequately covers all your damages, including current and future medical expenses, lost income, and pain and suffering.

Investigating the Airbag Failure

Understanding why the airbags didn’t deploy is crucial for determining liability and ensuring you receive fair compensation for your injuries. This investigation often requires technical knowledge and resources that go beyond what most individuals can access on their own.

A car accident lawyer can help coordinate an investigation into the airbag failure. This might involve hiring automotive engineers or accident reconstruction experts to examine your vehicle and the accident scene. These professionals can determine whether the airbags should have deployed given the circumstances of the crash and whether their failure to do so was due to a defect or malfunction.

The investigation may also involve researching whether there have been similar incidents with the same make and model of the vehicle. If there’s a pattern of airbag failures, it can indicate a broader issue with the vehicle’s design or manufacturing process. This information can be critical if you need to pursue a claim against the vehicle manufacturer.

Remember that vehicles and their data recorders (often called “black boxes”) can provide valuable information about the crash, including the vehicle’s speed, whether brakes were applied, and sometimes even data about airbag systems. However, this data can be overwritten or lost if the vehicle is repaired or moved, therefore, it’s important to begin the investigation process as soon as possible after the accident.

The Role of a Car Accident Lawyer

A car accident lawyer can be vital in helping after an accident where airbags didn’t deploy. A car accident attorney can provide guidance on dealing with insurance companies, ensure that you receive proper medical care, and help you understand your legal rights and options.

One of the primary functions of a car accident lawyer is to secure fair compensation for your injuries and other damages. This involves calculating the full extent of your damages, including current and future medical expenses, lost income, pain and suffering, and any long-term effects of your injuries. They can then negotiate with insurance companies on your behalf, often securing higher settlements than individuals might obtain on their own.

A car accident lawyer can also file a lawsuit and represent you in court if necessary. This might be necessary if insurance companies refuse to offer a fair settlement or if you need to pursue a product liability claim against a vehicle or airbag manufacturer.

In cases involving airbag failures, a lawyer can coordinate the technical investigation needed to prove that the airbag system was defective. They can work with accident reconstruction experts, automotive engineers, and medical professionals to build a strong case.

Also, a car accident lawyer can handle all the legal paperwork and deadlines associated with your case, allowing you to focus on your recovery. They can also advise you on how to document your injuries and damages effectively, which can be key for maximizing your compensation.

Don’t wait to get the help you need. Contact a car accident lawyer today for a free consultation and start on the path to recovery and justice.