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California Defective Airbag Attorneys Providing Legal Support For Injury Victims
Defective airbags can be a fatal problem. Most of us trust that airbags will deploy in a collision, but this is not always the case. The largest auto defect recall in history involved airbag defects. Many drivers who have defective airbags in their vehicles may not even be aware that their lives are in danger.
Our defective airbag attorneys assess cases involving auto manufacturers to determine potential liability for injuries or deaths linked to airbag defects. If you have been injured in a car accident involving any type of airbag problem, it is important to get legal advice. You have legal rights that may need protection.
Defective Airbags Are a Huge Problem
Most of the time, we are able to drive our vehicles without worrying about airbags. They only become necessary during collisions and, even then, the airbags are only triggered if there is enough force. Though you may not need your airbags often, you need them to work perfectly every time they are needed. A malfunctioning airbag can turn what might have been a minor accident into one that causes severe injuries or even death.
Tens of millions of vehicles were recalled because they contained defective Takata airbags. It was the largest recall of defective vehicles in history. According to the National Highway Traffic Safety Administration (NHTSA), around 67 million Takata airbags have been recalled due to the risk of exploding upon deployment, which can result in severe injuries or fatalities.
NHTSA reports that 28 people in the U.S. have died from exploding Takata PSAN airbag inflators. In addition, at least 400 others nationwide have reportedly been injured by these defective inflators.
How Do I Know If My Airbag Has Been Recalled?
As part of their recalls, manufacturers make many attempts to reach the owners of defective vehicles. Manufacturers use their sales records to mail letters, call owners, send emails, and even do in-person canvassing to let owners know about the dangers of their vehicles. Unfortunately, these efforts are not always successful.
You can imagine how many owners change their phone numbers, move to a new address, or change their other contact information. Luckily, there are many websites that allow consumers to check the status of their own vehicles. NHTSA maintains a website where vehicle owners can enter their VIN in order to check if there are any recalls that apply to their vehicle. You can also set up keyword alerts for any news stories related to the make, model, and year of your vehicle.
April 2019: $5M settlement in a traumatic brain injury case involving a motor vehicle collision.– BRIAN BEECHER
What Problems Can Make an Airbag Defective?
An airbag is designed to exact specifications that determine precisely when and how much it will inflate. Even the slightest miscalculation can be deadly in a serious collision. Common defects in airbags include:
- Not Deploying When It Is Needed — Airbags are designed to be life-saving devices. If they do not deploy when they are supposed to, a victim can suffer serious injuries (or even death) that could have been prevented by the airbag. In such cases, the manufacturer may be held legally responsible if a defect caused the failure.
- Deploying When It Is Not Needed — Airbags can fail to prevent injuries, but they can actually cause them, as well. Airbags deploy at speeds of up to 200 miles per hour. These serious forces can cause significant harm if the airbag deploys when it is not supposed to.
- Inflating Too Much or Not Enough — Because an airbag has precise design specifications, it must inflate to a very specific amount in order to be effective in an accident. If it inflates too much, the victim can be hurt by the airbag. If it does not inflate enough, the victim could suffer avoidable injuries in a collision. In either event, the airbag is defective.
- Improperly Sized Airbags — Precision also means that airbags must be the correct size. If large airbags are put in a small vehicle, they can injure the occupants by deploying with too much force. If small airbags are put in a large vehicle, they may not inflate enough to provide protection during a collision.
- Incorrect Position of the Airbag Within the Vehicle — Even airbags that are correctly sized must be placed in the correct position throughout the vehicle. For example, a side curtain airbag is a different shape from the airbag that goes inside the steering wheel. And even once the airbags are placed in the right location throughout the vehicle, they must be installed correctly to ensure that they deploy properly. Even the slightest mistake can have serious consequences during an accident.
- Airbags That Are Not Properly Tethered — Airbags are anchored into the vehicle with straps (called “tethers”) that keep the airbag from inflating too far into the passenger compartment of the vehicle. Without proper tethering, an airbag can actually cause added injury to the face or eyes.
What Injuries Can A Defective Airbag Cause?
There are many types of injuries that one can suffer in a car accident. Some injuries are more common than others. For example, an airbag that is overinflated or explodes is likely to injure the head and face. Some injuries are also more serious (and costly) than others.
If you suffer a permanent injury from an airbag, you may pursue compensation for future medical bills and other related losses, depending on the facts of your case. What follows are some of the most common injuries suffered in defective airbag accidents.
Brain Injuries
The brain controls every function of life. When it is damaged, even the most basic functions (such as breathing and keeping your heart beating) can be impaired, which is why any brain damage must be taken seriously. Even minor brain injuries, such as concussions, can be a symptom of more serious damage within the brain.
Be sure to see a doctor right away after an accident. If your head suffered physical trauma, such as hitting the windshield, you are at high risk for brain damage. You should also see a doctor about even the most minor symptoms (such as dizziness or confusion). These can be early warning signs of serious brain damage.
Some brain damage may be corrected. Minor concussions sometimes resolve on their own after a few days of discomfort. More serious injuries can be treated with surgery, oxygen therapy, occupational therapy, and more aggressive interventions. But some brain damage cannot be reversed.
In the case of a permanent brain injury, the victim might be left unable to walk or speak. They might require a lifetime of in-home care or even residence at an assisted living facility. A legal claim may pursue compensation for the cost of future care that results from a defective airbag.
A claim may also seek recovery for lost wages, pain and suffering, and other financial losses related to the accident. These costs can be significant, which is why brain injury cases often involve expert witnesses and financial projections. Note that the outcome of a brain injury claim depends on the specific facts, evidence, and applicable law.
Spinal Cord Injuries
The spinal cord transmits signals between the brain and the rest of the body. If it suffers even minor damage, you might temporarily lose sensation or movement in certain areas.
Serious damage to the spinal cord can cause permanent paralysis. It is important to see a doctor as soon as you notice any signs of trouble with your sensation or motor skills. Prompt medical care can improve your chances of a better outcome.
Internal Bleeding And Organ Damage
Airbags are designed to cushion the body during a collision. When they fail, the body absorbs the full force of impact, which can cause serious trauma to many different parts of the body. Unlike brain or spinal cord injuries that may present immediate symptoms, internal injuries are often harder to detect.
A doctor can often detect internal bleeding by monitoring your blood pressure, showing why medical attention after an accident is critical, even if you feel fine. Vital organs such as the lungs, kidneys, liver, or pancreas can also be damaged. Symptoms may not appear until hours or even days later, when organ function begins to fail. At that point, treatment may be far more difficult.
Orthopedic Injuries
Bones are made of a strong material, so it takes a lot of force to break them, which is why broken bones are more likely to occur when a defective airbag does not protect you from the force of a car crash. Some “simple breaks” may heal with rest and a cast. (Even the simplest cases cause the victim weeks of pain and discomfort in a cast.)
More complicated cases can require surgery, even the permanent placement of pins and plates inside the body. Many complicated breaks require months of physical therapy in order to regain strength and mobility in the affected area of the body. Some broken bones can even lead to dangerous complications.
If, for example, the broken shards of bone cut a nearby blood vessel, this can cause dangerous internal bleeding. Broken bones can also cut nerves and other vital body tissue. Even a simple fracture can cause pain and discomfort lasting weeks, months, or longer, while more severe breaks often lead to greater complications. Injuries from a defective airbag can have lasting effects, and accident victims may seek liability for the harm they suffer.
Soft Tissue Injuries
The muscles, tendons, ligaments, and other non-bony parts of the body are referred to as “soft tissue.” Insurance companies sometimes minimize these injuries, since they often don’t show up on X-rays the way broken bones do. Still, soft tissue injuries can cause significant pain and limit mobility.
For example, a bruised tendon or torn ligament from a car accident may lead to long-term discomfort, even with treatment such as physical therapy, chiropractic care, or pain management. While some people recover fully, others may continue to experience pain or reduced function.
Soft tissue injuries can have a real impact on daily life, and accident victims may pursue compensation for the harm they suffer. Attorneys at Arash Law, led by Arash Khorsandi, Esq., can assess these claims and explain the legal options available.
Contact A Defective Airbag Attorney In California For A Free Case Review
If you are searching for a “defective airbag attorney near me,” our team is available to review your case. Our motor vehicle accident attorneys handle cases involving defective airbags and other auto-related injuries throughout California. We can review your situation and explain the available legal options.
Our skilled legal professionals serve clients in Los Angeles, San Francisco, Riverside, Bakersfield, Santa Barbara, San Jose, San Diego, Fresno, Sacramento, Sherman Oaks, and throughout California. We assist individuals in understanding their legal rights after an accident and provide guidance on available options. For a free initial consultation, call (888) 488-1391 or complete our “Do I Have A Case? form.
