What Kinds of Injuries Can a Defective Airbag Cause?

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When you purchase a car, you expect that car – and the technology within it – to provide a reasonable level of protection from injuries in the event that you are involved in a crash. To be sure, the very last thing that you might expect is a part of the car to actually cause, rather than prevent, an injury. Unfortunately, dozens of people are seriously injured throughout the country due to defects in their vehicles’ airbags. The following reviews what you need to know about defective airbags and injuries, and what you should do if you think if you are the victim of a defective airbag injury in South Carolina.

Injuries from Defective Airbags

The types of injuries that an airbag can cause if it is, in fact, defective range in severity, depending upon the type of defect, the force and angle of airbag deployment, and the size and positioning of the victim. Some of the most common injuries include:

  • Skin burns;
  • Abrasions;
  • Facial damage (i.e. broken facial bones, lacerations, bruising);
  • Fractures of the arms, wrists, and hands;
  • Head and neck trauma;
  • Traumatic brain injury (TBI) and skull fracture;
  • Fractures of the ribs;
  • Injuries to lower limbs; and
  • Chemical burns.

In the case of the defective Takata airbags, the recall of which will affect just under 60 million vehicles in the U.S. by December 2019, injuries also include lacerations and puncture injuries. This specific airbag defect led to pieces of shrapnel being thrust into the air when the airbag exploded, leading to sometimes fatal injuries.

How Airbags Cause Injuries

While airbags are designed to protect us, they are sometimes designed or manufactured with dangerous defects. Airbag defects that can lead to injuries include:

  • Failure to deploy at all, which can lead to more catastrophic injuries from the crash than driver/passenger would have incurred otherwise;
  • Airbag inflation mechanism defects (inflating too quickly or too slowly);
  • Random deployment (i.e. deploying despite lack of extreme force in a crash);
  • Lack of proper filtering of gas used to fill the airbag;
  • Defects in the airbag sensor;
  • Installation of counterfeit airbags;
  • Errors with the location of the airbag installment within the vehicle and therefore the angle of deployment;
  • Presence of objects or materials within the airbag that could cause injuries;
  • Improper folding of airbag (leading to improper deployment); and
  • More.

While airbags may seem simple, today their design is highly technical and complex, and even the smallest of errors or failures – such as the failure to detect as many variables as possible during sensor design – can lead to catastrophic injuries. While some airbag defects are known (i.e. the Takata defect mentioned above) and vehicles are recalled as such, for many people, defects are not known until it is too late.

Who Is Liable for Injuries Caused by a Defective Airbag?

If you are involved in a crash and your airbag causes you serious injuries due to its defective design or manufacture, you may be able to file a lawsuit for damages against:

  • The airbag design or manufacturing company;
  • Anyone along the manufacturing chain who may be responsible for the defect; or
  • A car company that knew of the defective airbag yet sold the vehicle with warning or repair regardless.

You have the right to seek compensation for the full value of your losses, including compensation for your physical pain and suffering.

How Our South Carolina Defective Auto Part Attorneys Can Help

When a defective airbag leads to injuries, the process of recovering compensation becomes much more complicated than just filing a claim with the other driver’s insurance. Instead, you will need product design and accident reconstruction experts to analyze your case and determine the specific cause of injury and source of the defect. From there, our experienced South Carolina Injury Attorneys at the offices of Peake & Fowler will begin building your case and filing your claim against the liable party. We will help you to prove negligence and recover the compensation that you deserve for your preventable and devastating injuries.

Don’t wait to take action – time is running out. Contact Peake & Fowler today for a free consultation. Reach us at (803) 788-4370, or use our online form to tell us more about your case.

What Should I Do Immediately Following A Car Accident

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Getting into a car accident is a stressful experience, even when one or both parties only sustain minor damage. Since remaining calm and thinking clearly immediately after an accident can be challenging, we encourage you to review this information, print it, and keep it in your car in case you need it.

Always Remain at the Scene of a Car Accident

You could face legal consequences if you leave an accident scene without waiting for the police and exchanging information with the other driver. This is true whether the other party sustained injuries or not. Pull your car over to the side of the road as much as possible and turn on your emergency flashers. You should not get out of the vehicle at this point.

Check for Injuries Immediately

If anyone in your vehicle appears unconscious or complains of back or neck pain, do not try to move him or her on your own. Talk to the person and try to keep him or her calm until an ambulance arrives. However, you must evacuate passengers immediately if the car becomes engulfed in flames or you smell gas. Be sure to support each person’s head, neck, and back the best you can. If you have a cell phone, call 9-1-1 immediately to request an ambulance if needed and a police officer to take a report. If not, flag down another motorist to make the call.

Give Information to Police and Exchange Details with the Other Driver

The police officer responding to your call will ask you and the other driver for the following:

  • Full legal name
  • Date of birth
  • Street address
  • Car insurance policy number and name of insurance company
  • Brief description of how the accident occurred

Under South Carolina state law, you must carry proof of insurance and provide it to a law enforcement officer on request. The police officer should give you his or her name, contact information, and badge number. You need this information to get the police report later, so be sure to ask for it if not offered.

You also need to get contact and insurance details from the other driver as well as the license plate number of his or her car. The police officer will likely ask for contact information for adult passengers in both vehicles. Even if you think your actions caused the crash, don’t accept responsibility for it at the scene. You don’t always know all the details in the chaotic moments right after an accident. If you learn more later and wish to pursue a lawsuit, the other driver could have the case dismissed by stating that you accepted liability.

Take Pictures and Speak to Witnesses

Most smartphones have a built-in camera, so be sure to take pictures of your vehicle at the scene of the accident. If you don’t have a camera available or are unable to take pictures, ask your passengers or witnesses to the crash to take pictures for you. Having photos of the damage immediately after the accident helps to prove your claim to the insurance company. You can still snap photos after you get your car home or to a body shop if you don’t have a camera available at the time.

People riding with the other driver are likely to support his or her version of events, so make sure you speak to other witnesses if possible. Drivers and passengers in cars directly behind your vehicle or pedestrians may have seen the entire thing. Be sure to ask for the name, telephone number, and accident description from anyone willing to talk. However, don’t pressure any witnesses since the police will ask them the same questions.

You should report the accident to your insurance company as soon as you get home. The law firm of Peake & Fowler is also available to pursue a personal injury case if you sustained injuries due to the negligence or recklessness of the other driver.  A personal injury lawyer can fight for the rights of accident victims and help ensure insurance companies deal with them fairly. While a car accident is stressful, you shouldn’t have to continue suffering in a continuing struggle to receive compensation.  Contact the Peake & Fowler Law Firm at (803) 788-4370 and one of our Injury Attorneys will help you with your accident injuries.