Can a Case Be Filed Against a Car Company for Airbag Failure in a Severe Accident?
Yes, a case can potentially be filed against a car company if the airbags do not deploy during a severe accident, such as when a car hits a pole and rolls over. This can be a complex legal situation involving various factors. Here's what you need to know:
Product Liability: A Case for Legal Action
Product liability laws can be invoked in these scenarios. If the airbags failed to protect during a critical moment, it could be due to a defect in design, manufacturing, or warning systems. To build a strong case, you need to demonstrate that the airbags were intended to deploy in your specific situation and that their failure contributed to injuries or damages. Relevant legal frameworks vary by jurisdiction, so it's crucial to consult with a legal professional specializing in automotive or product liability cases.
Proving Ownership of a Defective Product
Establishing that you owned a defective product is key. Airbags failing to deploy can be attributed to various issues, including malfunctioning sensors or internal malfunctions. You'll need to gather evidence, such as crash videos, witness statements, and medical records to prove the failure.
Expert Testimony and Crash Dynamics
Expert testimony from automotive safety specialists may be necessary to establish that the airbags should have deployed based on the crash dynamics. These experts can analyze the impact and sensor readings to determine if the airbags should have opened during the collision. Detailed reports from independent crash tests can also be beneficial.
State-Specific Laws and Requirements
Product liability laws and the process for filing a lawsuit can vary significantly by state. For instance, limits on the types of damages you can recover and the statute of limitations period. Therefore, it's imperative to consult an attorney who is well-versed in the specific laws of your state.
Critical Factors: Impact Sensors and Crash Dynamics
Understanding how airbags work is crucial. Airbags are triggered by impact sensors that are placed in strategic locations within the car, often on the driver and co-driver sides for two-airbag vehicles, and on both sides for curtain airbags. When a collision occurs, the sensors detect the impact and signal the airbags to deploy. For front collisions, only front airbags activate unless the impact is severe enough to trigger side sensors.
In your case, if the car hit a pole exactly from the center, it's possible that neither the front nor side sensors detected the impact, leading to no deployment of airbags. However, if the impact sensors are intact, they should have deployed. Checking with the car dealer or workshop to ensure that the impact sensors are undamaged is a crucial first step.
The Decision to Pursue Legal Action
Before taking legal action, it's wise to consult with an attorney experienced in automotive cases. They can assess the case's merit, the likelihood of success, and provide guidance on the best approach. Pursuing legal action against a car company is a serious decision, and having a clear understanding of your rights and the potential outcomes is essential.
While purchasing a car, we trust that the airbags will protect us, and it can be disheartening when they fail. Understanding the intricacies of airbag deployment and the legal processes involved can help you make informed decisions and protect your rights.