KEY WEST AIRBAG INJURY LAWYERS

Airbags are estimated to have reduced accident fatalities by up to 29%. Airbags are designed to reduce injuries during a crash, but when they don’t work as intended, they can create serious risks. If an airbag fails to deploy in a collision or deploys unexpectedly, it can lead to severe injuries or even death for those inside the vehicle.

While airbags are meant to prevent injuries in car accidents, they can sometimes cause harm, especially when they malfunction or deploy incorrectly. Airbags are designed to inflate rapidly during a collision to cushion the impact between a person and the steering wheel, dashboard, or other hard surfaces. However, if they deploy too forcefully or malfunction, they can cause a range of injuries.  Some of the most common injuries associated with airbags include:

Facial Injuries 

Airbags are known to cause facial injuries, particularly if they deploy directly into the face. These injuries can include cuts, bruising, burns, and broken bones, especially around the nose, jaw, and eyes. In some severe cases, airbags can cause eye damage or even permanent vision loss.

Neck and Back Injuries 

Airbags can sometimes contribute to whiplash or other neck and back injuries, especially when deployed with excessive force. The force of the airbag can cause the neck to jerk forward and then back suddenly, leading to muscle strain, ligament damage, or more serious injuries to the cervical spine.

Chest Injuries 

While airbags are intended to protect the chest from impact with the steering wheel or dashboard, the deployment itself can cause injuries to the ribs, sternum, or internal organs. Broken ribs and bruised lungs are common injuries, and in extreme cases, airbags can lead to organ damage or a punctured lung.

Burns

Airbags contain a chemical propellant that, when ignited, causes the bag to inflate. In some cases, this chemical reaction can cause burns on the skin, especially if the airbag deploys too forcefully or is too close to the person’s body when it inflates. These burns may range from mild to severe and can require medical treatment.

Internal Injuries 

In rare cases, an airbag can cause internal injuries, especially if the deployment is too violent. Internal bleeding, organ damage, and broken ribs that damage internal organs are all potential injuries.

Other injuries can include:

• Shrapnel injury
• Lacerations
• Death
• Eye injuries
• Rib fractures
• Head injury
• Dislocated and fractured shoulders
• Broken bones
• Chemical Burns

Injuries can vary significantly based on factors such as the force of the airbag deployment, the positioning of the individual in the vehicle, and whether the person was wearing a seatbelt. In some cases, airbags may have the opposite effect, preventing injuries that would otherwise be fatal.

For more information regarding the types of injuries you may sustain due to a faulty airbag, you can contact a  Morgan & Morgan attorney today by completing our free, no-obligation case evaluation form.

If you’re injured by an airbag during a car crash in Key West, Florida, it’s crucial to take immediate steps to ensure your safety and protect your legal rights. Here’s what you should do:

Seek Medical Attention Immediately 

Even if your injuries seem minor, you should always get medical treatment after an accident. Some injuries caused by airbags, such as internal injuries or concussions, might not be immediately apparent. A medical professional can assess your injuries and provide necessary treatment.

Document the Accident 

Take photos of the scene of the accident, your injuries, and any damage to your vehicle. This can serve as crucial evidence in a potential claim. If the airbag deployed improperly or caused visible damage to your body, make sure to document this with clear images.

File a Police Report 

A police report will serve as an official document of the accident and can be useful in proving fault or the severity of the crash. The report may also contain valuable information about the malfunctioning airbag if it was part of the incident.

Preserve Evidence of the Defect 

If the airbag malfunctioned (e.g., deployed too forcefully or failed to deploy), it’s important to preserve this evidence. This could include retaining the airbag itself or the airbag module, which may need to be examined by an expert in automotive safety.

Contact Morgan & Morgan in Key West, Florida

If you suspect that the airbag malfunctioned or caused significant injuries, it’s advisable to consult with a lawyer who specializes in personal injury or defective product claims. A lawyer can help you understand your legal rights and the potential for filing a claim against the vehicle manufacturer, airbag manufacturer, or other responsible parties.

Contact Your Insurance Company

Notify your insurance company about the accident and the injuries you sustained. Be honest and thorough when describing the incident, but avoid admitting fault or making statements that could harm your case.

By following these steps, you’ll not only get the help you need for your injuries but also set yourself up for a stronger claim in case you decide to pursue legal action.

Finding out if your vehicle has a defective airbag is an important first step in ensuring your safety on the road. Airbag defects can be hazardous, and addressing the issue promptly can help prevent injuries. There are several ways to determine whether your car has a defective airbag or has been affected by an airbag recall.

Check for Recalls

The National Highway Traffic Safety Administration (NHTSA) maintains a database of vehicle recalls. You can visit their website and enter your vehicle identification number (VIN). Your VIN is a unique 17-character code that can be found on your car’s dashboard (on the driver’s side, near the windshield) or on the driver’s side door frame, near the latch. This will provide information on whether your vehicle is subject to an airbag recall or any other recalls.

Manufacturer's Recall Notices

Car manufacturers are required to send recall notices to the registered owners of vehicles affected by recalls. These notices will include information on what the defect is, which vehicles are affected, and how to get it fixed. If you haven't received such a notice but believe your vehicle may have a defective airbag, you should contact the manufacturer directly for more information.

Visit a Dealer

Your car’s dealership can also confirm whether or not your vehicle has been affected by an airbag recall. Dealerships will have access to the manufacturer's records, which include details of any outstanding recalls related to your vehicle.

Third-Party Recall Services

Some third-party websites and services can alert you to recalls. These services typically offer more personalized options, allowing you to sign up for notifications if your vehicle’s airbag or any other part is recalled.

Service or Repair Records

If you’ve had your car serviced at an authorized dealer, the records from those services may also indicate whether airbag-related repairs or inspections were performed. If an airbag has been replaced or if the recall was addressed in the past, those records will provide this information.

If your airbag failed to deploy during an accident, it can be extremely frustrating and even life-threatening. Airbags are meant to protect you by cushioning the impact and preventing injuries from hitting hard surfaces inside the vehicle. When an airbag fails to deploy in a crash where it should have, it may be due to a defect in the airbag system, such as faulty sensors, a malfunctioning inflator, or a problem with the vehicle’s electrical system.

In such cases, you may have grounds to pursue a defective product claim against the manufacturer of the vehicle or airbag. If the airbag failed to deploy when it should have, it may have contributed to the severity of your injuries, and you may be entitled to compensation for your medical expenses, pain and suffering, and other damages.

To determine whether the airbag failure was a result of a defect, an investigation will need to be conducted. This could include an inspection of the airbag system, a review of accident data (such as crash sensors), and the gathering of expert testimony about whether the airbag should have deployed. Common causes of airbag failure to deploy include:

• Faulty sensors: Airbags rely on sensors to detect a collision and trigger deployment. If these sensors fail to detect the crash properly, the airbag may not deploy.
• Electrical malfunctions: Electrical issues in the airbag system can prevent the airbag from deploying. If the airbag system is not receiving the proper signal, the deployment may not occur.
• Defective airbag components: Defects in the airbag module or inflator can prevent the airbag from inflating properly. If any component of the system fails, the airbag may not deploy as intended.

If your airbag failed to deploy, contact Morgan & Morgan for a lawyer who specializes in defective product claims. They can help you gather evidence, determine the cause of the failure, and hold the responsible parties accountable.

Yes, you can potentially sue if an airbag caused your injury, but it depends on the specifics of your case. Airbags are considered a safety feature in vehicles, and manufacturers are legally obligated to ensure that these safety devices work properly. If the airbag malfunctioned, either by deploying too forcefully or failing to deploy when needed, and caused you harm, you may have grounds for a product liability lawsuit.

There are a few potential legal theories under which you could pursue a lawsuit:

• Design defects: If the airbag was poorly designed in a way that made it more likely to cause injury, you may have a claim for a design defect. For example, an airbag that deploys too forcefully or is positioned incorrectly could lead to severe injuries.
• Manufacturing defects: If the airbag was manufactured incorrectly or with subpar materials, leading to a malfunction, you may have a claim for a manufacturing defect. This could apply if the airbag was assembled improperly or lacked the necessary components to deploy correctly.
• Failure to warn: If the car manufacturer failed to adequately warn consumers about the potential dangers of airbag deployment or the possibility of defects, you could have a case based on failure to warn.

To pursue a lawsuit, you’ll need to prove that the airbag defect was directly responsible for your injuries. This often involves expert testimony and a thorough investigation into the cause of the airbag malfunction. If you can prove that the manufacturer was negligent or that the airbag was defectively designed or manufactured, you may be entitled to compensation.

If you have been injured due to a defective airbag, you may be entitled to compensation for various damages related to your injury. The amount of compensation you can recover depends on the severity of your injuries, the circumstances of the accident, and the impact on your life. Some of the types of compensation you may be eligible for include:

Medical Expenses 

If you suffered injuries as a result of a defective airbag, you may be able to recover the cost of your medical treatment, including hospital bills, doctor visits, surgeries, prescription medications, rehabilitation, and any future medical care required for long-term injuries.

Lost Wages 

If your injuries prevent you from working, you may be able to recover compensation for the income you lost while you were unable to work. This can include lost earnings for the period you were hospitalized or recovering, as well as any future wages you may lose if your injuries prevent you from working in the future.

Pain and Suffering 

This is compensation for the physical and emotional pain you experienced due to your injury. Pain and suffering damages can include the pain caused by the injury itself, as well as the emotional distress caused by the accident, including anxiety, depression, and the trauma associated with the crash.

Loss of Enjoyment of Life 

If your injury has caused you to lose the ability to participate in activities you once enjoyed, you may be able to recover compensation for the loss of quality of life. For example, if you can no longer play sports, travel, or engage in hobbies you once loved, you may be entitled to compensation for that loss.

Punitive Damages

In some cases, if the manufacturer’s actions were particularly reckless or egregious (for example, if they knew about the defect and failed to act), you may be entitled to punitive damages. These damages are intended to punish the manufacturer and deter others from engaging in similar conduct.

Property Damage 

If the defective airbag caused damage to your vehicle or other personal property, you may be entitled to compensation for those damages as well.

It’s important to remember that every case is unique, and the amount of compensation you are entitled to will depend on the specifics of your situation. Working with a personal injury attorney can help ensure that you pursue all possible avenues for recovery.

Yes, you can still file a claim if you weren't injured in an airbag-related accident, though the circumstances of the claim will differ depending on the nature of the issue. A defective airbag, even in the absence of injuries, can still warrant legal action. Here are some common scenarios in which you may be able to file a claim:

Defective Airbag Causing Property Damage

Even if you were not injured, a defective airbag may still cause damage to your vehicle or personal property. For example, if the airbag deploys without warning or malfunctions in another way, it may cause cosmetic or mechanical damage to your car’s interior. This could lead to a claim for damages to repair the vehicle.

Financial Losses

If the airbag malfunction or failure caused financial loss, such as increased repair costs or a decrease in the vehicle’s value, you may be entitled to compensation for those costs. Even in the absence of physical injury, consumers can still seek to recover damages for financial harm caused by defective products.

Defective Design or Manufacturing

In some cases, defective airbags are part of a broader pattern of negligence in design, manufacturing, or installation. Even if no one was injured, defective airbags can be considered a design flaw or manufacturing defect that impacts the safety of the vehicle. A class action lawsuit or individual lawsuit may be appropriate to hold the manufacturer accountable for widespread defects.

Emotional Distress

While this is less common, some people who experience a near-miss or traumatic experience involving a faulty airbag may seek damages for emotional distress. The sudden, unexpected deployment of an airbag can cause shock, anxiety, and other emotional reactions, which may be grounds for a claim, particularly if it caused a lasting mental health impact.

In these situations, consulting with an experienced attorney at Morgan & Morgan can help you understand your options. While physical injuries are often the primary focus in personal injury claims, claims related to defective products, including faulty airbags, are possible even without injury.

Yes. Passengers may be able to file a claim for injuries caused by a defective airbag. Airbags are intended to protect everyone in the vehicle, not only the driver. If a defective airbag caused or worsened a passenger’s injuries during a crash, the passenger may be able to pursue compensation from the vehicle manufacturer, airbag manufacturer, or another responsible party.

For a passenger to file a successful claim, they will need to prove that the airbag malfunctioned, either by deploying too forcefully or failing to deploy when it should have. This can be done by gathering evidence from accident reports, medical records, and expert testimony. The key to the case will often involve demonstrating how the airbag's defect directly contributed to the injuries the passenger suffered. For instance, if the passenger's injuries were more severe because the airbag deployed with excessive force, that can serve as the basis for a claim.

Yes, you can still pursue a claim if you were partially at fault for the accident that resulted in an airbag injury, depending on the laws in your state. Many states follow a comparative negligence system, which allows an injured party to seek compensation even if they were partially responsible for the accident. However, the amount of compensation you can recover may be reduced based on your degree of fault.

Comparative Negligence vs. Contributory Negligence

• Comparative negligence: This system allows you to recover damages even if you were partially at fault, but your compensation will be reduced by the percentage of fault assigned to you. For example, if you were 30% at fault for the accident, your recovery would be reduced by 30%.
• Contributory negligence: In a few states, the contributory negligence rule applies, which means that if you were even 1% at fault for the accident, you may be completely barred from recovering damages. However, this is a less common approach and only applies in a handful of states.

Impact on Your Claim

If you were partially at fault for the accident, a court will determine the extent to which you were responsible and how that affects the compensation you can receive for your injuries. For example, if your failure to wear a seatbelt contributed to the severity of the airbag injury, that could be considered when calculating damages.

What You Should Do

If you believe you were partially at fault for the accident, it is still worth pursuing a legal claim. 

Contact Morgan & Morgan to speak with an attorney to understand your rights under the laws of your state and to evaluate the strength of your case. 

An attorney can help you navigate the complexities of comparative negligence and ensure that you receive fair compensation for your injuries. Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.

The time limit for filing a lawsuit for an airbag-related injury is governed by the statute of limitations, which varies depending on the state where the accident occurred. The statute of limitations is the period during which you are allowed to file a lawsuit, and once that time has passed, you may lose your right to pursue legal action.

In most states, the statute of limitations for personal injury claims is between two and six years from the date of the accident or injury. However, some states have different rules when it comes to product liability cases, and the time frame may be different for injuries caused by defective airbags.

Important Considerations

• Discovery rule: In some cases, the statute of limitations may not begin when the accident occurs but rather when the injury is discovered. For example, if the injury from the airbag becomes apparent only months or even years after the accident (such as in the case of latent health issues or complications from the injury), the discovery rule might allow for a longer period to file the lawsuit.
• Defective product claims: If you are filing a claim for a defective product (such as a faulty airbag), some states may allow you to file a lawsuit for a longer period than in standard personal injury cases. In such cases, you might have 10 years or more to file, depending on the laws in your state. It's important to check your state’s laws or consult with a lawyer to ensure you don’t miss any critical deadlines.

If you fail to file a lawsuit within the time limit set by the statute of limitations, the court will likely dismiss your case, and you will lose your ability to recover any compensation for your injuries. This is why it is essential to act promptly after an airbag injury; delaying your claim can severely limit your legal options.

If you believe you have a case for an airbag-related injury, it’s essential to contact an attorney as soon as possible to ensure that you don’t miss the statute of limitations in your state. An attorney can advise you on the timeline for your specific case and help you file your lawsuit within the required time frame.

Early on, you should also work to preserve evidence related to your injury, such as accident reports, medical records, photographs of injuries, and any communications you’ve had with your car manufacturer. This can help strengthen your case if you decide to pursue legal action.

If your car’s airbag light is on, it indicates a malfunction in the airbag system, and it is important to address it immediately. An illuminated airbag light can signal a range of issues, from minor sensor problems to more severe malfunctions that could affect the deployment of the airbag during a crash. Here’s what you should do:

• Do not ignore the light: If the airbag light comes on, it is a sign that something is wrong with the airbag system. Ignoring it could lead to further complications and possibly prevent the airbags from deploying in the event of an accident.
• Check for obvious issues: Before taking the car in for repairs, check for any obvious issues, such as disconnected wires under the seats or loose connections near the airbag sensors. While these issues are often minor, they can sometimes be the cause of the airbag light turning on.
• Get a diagnostic test: Most modern vehicles have an onboard diagnostic system that can read error codes related to the airbag system. Taking your vehicle to an auto repair shop or dealership to have the system scanned for error codes is crucial. This will pinpoint the specific problem, such as a faulty sensor, wiring issues, or a malfunctioning airbag module.
• Have the system inspected and repaired: Depending on the diagnostic findings, the airbag system may require repair or replacement. This could involve repairing damaged wiring, replacing defective sensors, or correcting problems with the airbag control module. Because improper handling can create additional safety risks, these repairs should only be performed by a qualified professional.
• Don’t drive the car until it’s fixed: Until the airbag system is repaired, avoid driving the car, especially if the light indicates a serious problem. A malfunctioning airbag system can render your vehicle less safe, particularly in the event of an accident.
• Verify the fix: Once the repairs are made, verify that the airbag light has turned off and that the system is functioning properly. You can ask for a second diagnostic check or inquire about a warranty on the repair work.

If your airbag light is on, do not ignore it. Schedule an appointment with a certified mechanic or dealership to diagnose and repair the issue. 

The length of time it takes to resolve an airbag defect lawsuit can vary widely depending on several factors, such as the complexity of the case, the severity of the injuries, and whether the case goes to trial. On average, an airbag defect lawsuit can take anywhere from several months to a few years to resolve. Here are some of the key factors that influence the timeline:

Investigation and Discovery

The first stage of any lawsuit involves gathering evidence, which can take months. This includes obtaining the car’s service records, crash data, witness statements, expert testimony, and more. The discovery process is often one of the longest phases of the case, as both sides exchange information.

Negotiation and Settlement

Many airbag defect lawsuits are settled out of court. Settlement negotiations can take weeks or months, depending on how complex the issues are and whether both parties are willing to negotiate in good faith. Some cases may settle quickly, while others may require more time to come to a resolution.

Litigation and Trial

If a settlement cannot be reached, the case will go to trial. Trials can take a significant amount of time, often extending the length of the lawsuit by months or even years. Trials involve selecting a jury, presenting evidence, and having both sides argue their case. After the trial, the jury will deliberate and return a verdict.

Appeals

If either party is dissatisfied with the trial’s outcome, they may choose to file an appeal, which can further delay the final resolution of the case. Appeals can add another year or more to the timeline of a lawsuit.

While an airbag defect lawsuit can take months to a few years to resolve, many cases are settled out of court. Working with an experienced attorney at Morgan & Morgan can help expedite the process and increase your chances of achieving a favorable outcome.

While it’s not strictly required to hire a lawyer for an airbag injury claim, having an experienced attorney can significantly improve your chances of securing the compensation you deserve. Personal injury cases, particularly those involving defective products, can be complex and require specialized legal knowledge to navigate. A lawyer can help you in the following ways:

• Investigating the claim: An attorney can investigate the cause of your airbag injury, including working with experts to determine whether the airbag was defective or improperly deployed. This may involve reviewing crash data, accident reports, and the vehicle’s airbag system.
• Building a strong case: A lawyer can help gather evidence, interview witnesses, and compile medical records to build a compelling case. They will ensure that all necessary documentation is in order, which is crucial for a successful claim.
• Negotiating with insurers: Insurance companies are often reluctant to offer fair settlements. A lawyer can handle negotiations on your behalf, ensuring that you receive a fair offer that fully compensates you for your injuries and damages.
• Representing you in court: If your case goes to trial, an attorney will represent you in court, presenting evidence and arguing your case to a judge and jury. Legal representation can be crucial in achieving a favorable outcome in court.
• Maximizing compensation: Lawyers understand the full scope of damages you may be entitled to and will ensure you pursue all possible avenues for recovery, including compensation for medical expenses, lost wages, pain and suffering, and more.

Choosing the right attorney can make a significant difference in the outcome of your case. It’s essential to hire a lawyer with experience in defective product cases and a track record of success in airbag injury claims.

Morgan & Morgan’s product liability lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.

Hiring one of our product liability lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

When you hire Morgan & Morgan, you gain access to the resources of America’s Largest Injury Law Firm™. With more than 1,100 attorneys nationwide and over 700,000 clients helped, our firm has the experience and resources to handle complex injury claims.

Your case may be supported by a team that can include attorneys, paralegals, case managers, and other legal professionals working together to move your claim forward. You may also have a primary point of contact who can help answer questions and keep you informed throughout the process.

After your initial consultation, your care team will schedule regular meetings to discuss your case, provide updates, and prepare you for any upcoming proceedings. We are committed to maintaining open lines of communication and keeping you informed every step of the way.

These meetings can be handled in person, virtually, or by phone, depending on your case’s requirements and your ability to do so.

Airbag injury claims can be complex and often involve defective products, serious injuries, and multiple potentially responsible parties. Morgan & Morgan has more than 1,100 attorneys nationwide and has recovered over $35 for clients.

Our attorneys have experience with product liability claims involving defective airbags and understand the difficulties injured individuals may face, including medical bills, lost income, and lasting health problems. We work to develop well-supported claims and pursue compensation that accounts for the full extent of the harm suffered.

Morgan & Morgan handles airbag injury claims on a contingency fee basis, which means you pay nothing upfront and only pay if we recover compensation for you. If you were injured due to a defective airbag, contact Morgan & Morgan today for a free case evaluation to learn more about your legal options.