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Airbags are a crucial component of a vehicle’s safety system. Every year, lives are saved thanks to this technology, and millions of dollars are saved from preventable injuries. Research shows that facial trauma in a car accident is far less likely when the victim is protected by an airbag.
Unfortunately, defective airbags can also cause injuries. Injury victims have legal rights after any car accident. Our experienced injury lawyers at Arash Law can investigate airbags and other issues that contribute to our clients’ injuries. Learn more about the research on airbags and facial trauma, as well as the compensation that car accident victims can pursue after a collision.
The Research On Airbags And Facial Trauma
A study published in Plastic and Reconstructive Surgery found that airbags protect vehicle occupants from facial trauma in car accidents. Drivers were found to have significantly fewer facial fractures when they were protected by an airbag (either with or without a seatbelt). Passengers were also found to have fewer facial lacerations when an airbag was deployed.
Interestingly, the study found that passengers had the same rate of facial fractures regardless of whether an airbag was deployed. Still, airbags did at least offer protection from cuts. The evidence led the researcher to conclude that airbags are among the important safety devices currently available in passenger vehicles.
Defective Airbags Can Cause Fatal Injuries
An airbag is designed to explode with an incredible amount of force. It is also inflated with chemicals that are not intended to be inhaled. Manufacturers design airbags to minimize the risks associated with deployment force and exposure to inflation chemicals.
Despite this, defects still occur, and when they do, the results can be severe. The recent recall of Takata airbags is one of the largest auto recalls in history. According to Consumer Reports, there have already been at least 27 deaths attributed to Takata airbags.
Hundreds have been injured, and about 67 million Takata airbags are currently under recall. The problem is so serious that the NHTSA advises owners of certain vehicles not to drive their cars at all, except to take them directly to the dealer for repairs. This advice applies to Honda and Acura model years between 2001 and 2003, as well as all 2006 Ford Rangers and Mazda B-Series vehicles.
The United States has strong consumer protection laws to protect the public from consumer products that are safe to use but have the potential to cause injuries and deaths. Auto manufacturers can be liable for injuries caused by their defective products, which is why many manufacturers prefer to pay for an expensive recall rather than face wrongful death claims and the negative publicity associated with them.
Cases involving defective airbags can be complex and may involve additional legal challenges, such as disputes over liability. Our experienced California car accident lawyers at Arash Law work to identify potentially liable parties and help accident victims seek accountability from them for the harm they caused.
Who Is At Fault For Car Crash Injuries?
The person who is proven “at fault” (liable) for causing an accident is responsible for covering the resulting injuries and losses. Car accident cases often involve multiple parties, particularly when defective airbags are a contributing factor.
Our auto accident attorneys conduct thorough investigations and gather evidence to identify all potentially negligent parties and determine which insurance policies may apply to our client’s case.
The Manufacturer Of A Defective Airbag Or Vehicle
When a defective airbag causes serious injury or death, multiple parties may be found liable in a product liability claim. The manufacturer of the airbag, the company that made the vehicle, the dealership that sold the car, and other business entities can all potentially be held liable for selling or distributing a defective automobile. Such claims can get very complicated with so many defendants.
The legal issues of liability become even more complex when there is a driver who is also at fault for the initial accident. Our accident lawyers can gather evidence to help you identify who is at fault, what your injuries are fairly worth, and who has an obligation to pay for them.
The Driver’s Employer
If a driver is on the clock when they cause an accident, their employer may be held “vicariously liable” for the negligence of the employee. An employer can also be found liable for its own negligence. For example, if they allow an employee with a poor driving record to drive a company vehicle. There are also special rules that apply to Uber and Lyft drivers.
Though they are not classified as employees, these companies still maintain insurance policies to supplement the coverage available under the driver’s personal insurance policy and may provide compensation for significant injury claims.
A Negligent Driver
The majority of accidents are caused by negligence on the part of one or more drivers. The law requires all drivers to operate their vehicles with due care, so when a driver is negligent, they can be held liable for any injuries they cause, which is why California (like other states) requires drivers to carry auto insurance with liability coverage.
There is a system in place to help injury victims pursue compensation for their losses. Liability can also be apportioned to multiple drivers. An injury victim may still be able to seek compensation from another driver, even if they were partly at fault. Suppose, for example, that two drivers were equally at fault for an accident.
Each would have a legal obligation to pay for half the total damages. The legal issues become more complicated when multiple drivers are involved in an accident. In that scenario, it is advisable to have your own car accident lawyer representing your interests against all the other lawyers and insurance companies who are involved in the case.
Potential Compensation In An Auto Accident Claim
Car accidents result in many different losses, both financial and emotional. Depending on the specifics of your case, you may be able to pursue compensation for your losses through a personal injury claim, such as:
Medical Bills
Save the receipts from all your medical expenses, including bills for doctors’ visits, prescription medications, and medical devices (such as a sling or a cane). The estimated value of any future medical care required due to your injuries may also be included in your claim. Arash Law works with expert witnesses to help establish the cost of these future medical expenses.
Lost Wages
You may also be able to seek compensation for the time you miss work, which can be documented with a simple statement from your employer showing how many hours you missed and what your hourly rate of pay is. Compensation may also include any future decreases in your earning capacity.
If, for example, you can only work part-time after the accident, your wages will decrease. We work with expert witnesses to help calculate the value of any decrease to your future earning capacity as a result of your injuries. Compensation may include lost bonuses, commissions, overtime pay, and other forms of compensation.
Pain And Suffering
There are many emotional losses that come with injuries. Physical pain, emotional trauma, lost sleep, missed events, and strained interpersonal relationships are just some of the many emotional losses that your injuries can cause.
On top of that, you may have to deal with challenges and disputes during the insurance claims process. It is difficult to quantify the value of missing a family holiday or being unable to spend time with your children. Our California injury attorneys have experience demonstrating the impact injuries have on daily life. We present well-supported cases to help establish the value of your pain and suffering.
Experienced Car Accident Lawyers For Airbag Injury Cases
If you are searching online for “car accident lawyers near me,” Arash Law is ready to assist you. The skilled airbag attorneys at Arash Law have decades of experience helping clients with a wide range of personal injury cases throughout California.
Our legal team serves clients in Los Angeles, San Francisco, Riverside, Bakersfield, Santa Barbara, San Jose, San Diego, Fresno, Sacramento, Sherman Oaks, and other parts of California. We are committed to advocating for the rights of our clients and helping them pursue legal claims against the potentially liable parties. Call (888) 488-1391 or complete our “Do I Have A Case?” form here to schedule your free initial consultation.
