KISSIMMEE AIRBAG INJURY LAWYERS

Airbags are estimated to have reduced accident fatalities by up to 29%. Airbags are intended to help reduce injuries in a crash, but a malfunction can create serious safety hazards. If an airbag fails to deploy when needed or deploys unexpectedly, vehicle occupants may suffer severe injuries or even death.

Airbags are intended to reduce the risk of serious injuries during a crash, but they can sometimes cause harm, particularly when they malfunction or deploy improperly. They inflate rapidly to help prevent occupants from striking the steering wheel, dashboard, or other hard surfaces inside the vehicle. However, an airbag that deploys with excessive force or fails to function as intended can cause various injuries. Some of the most common airbag-related injuries include:

Facial Injuries 

Airbag deployment may cause facial injuries when the airbag strikes an occupant directly. These injuries can include cuts, bruising, burns, and fractures to the nose, jaw, or bones surrounding the eyes. In severe cases, the impact may also damage the eyes and result in partial or 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 use a chemical propellant that ignites to inflate the bag rapidly. In some situations, this process can cause skin burns, particularly when the airbag deploys with excessive force or inflates very close to an occupant’s body. Airbag-related burns can range from minor irritation to more serious injuries requiring medical care.

Internal Injuries 

In rare cases, a forceful airbag deployment may cause internal injuries. These can include internal bleeding, organ damage, or broken ribs that injure nearby organs.

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 Kissimmee, 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 

Photograph the accident scene, your injuries, and any damage to the vehicle. These images may provide important evidence for a potential claim. Be sure to take clear photos of any injuries or visible damage caused by an airbag that deployed improperly.

File a Police Report 

A police report provides an official record of the accident and may help establish how the crash occurred and how serious it was. It may also include useful details about an airbag malfunction if the issue was observed or documented at the scene.

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 Kissimmee, 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

Report the accident and your injuries to your insurance provider as soon as reasonably possible. Provide accurate and complete information, but avoid admitting fault, speculating about what happened, or making statements that could negatively affect a potential claim.

Taking these steps can help protect your health, preserve important evidence, and strengthen your position if you later 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

A dealership may also be able to confirm whether your vehicle is subject to an airbag recall. Dealerships generally have access to manufacturer records that identify any open or unresolved recalls connected to the 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 these situations, you may have grounds to pursue a product liability claim against the vehicle manufacturer, airbag manufacturer, or another responsible party. If the airbag failed to deploy properly and made your injuries more severe, you may be able to seek compensation for medical bills, pain and suffering, and other related 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 

Pain and suffering damages may compensate you for the physical pain and emotional harm caused by your injury. This can include discomfort related to the injury itself, as well as anxiety, depression, emotional distress, and trauma resulting from the accident.

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, punitive damages may be available when a manufacturer’s conduct was especially reckless or wrongful, such as when it knew about a dangerous defect but failed to address it. Unlike compensation for an injured person’s losses, punitive damages are intended to punish serious misconduct and discourage similar behavior in the future.

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 circumstances, speaking with an experienced Morgan & Morgan attorney may help you better understand your legal options. Although personal injury claims often focus on physical harm, it may still be possible to pursue a defective product claim involving a faulty airbag even when no bodily injury occurred.

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.

To pursue a claim, a passenger generally must show that the airbag malfunctioned, such as by deploying with excessive force or failing to deploy when it should have. Evidence may include accident reports, medical records, vehicle inspections, and expert testimony.

A key part of the claim is establishing that the defect caused or worsened the passenger’s injuries. For example, if an airbag deployed too forcefully and increased the severity of the injuries, that may provide grounds for a product liability 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

Even if you believe you may have contributed to the accident, you could still have the right to pursue compensation.

Contact Morgan & Morgan to discuss your situation with an attorney who can explain how your state’s comparative negligence laws may affect your claim and evaluate your available legal options.

An attorney may be able to help establish each party’s share of responsibility and pursue compensation for your injuries and related losses. Getting started is simple, and you can complete a free case evaluation in minutes.

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 filing deadline may begin when the injury is discovered rather than on the date of the accident. For example, if an airbag-related injury does not become apparent until months or years later, such as with a latent medical condition or delayed complication, the discovery rule may provide additional time to file a lawsuit.
• Defective product claims: Claims involving defective products, such as faulty airbags, may be subject to different filing deadlines than standard personal injury claims. In some states, the law may allow several additional years to bring a lawsuit, potentially 10 years or more depending on the circumstances.

Because these deadlines vary by state and by the type of claim, it is important to review the applicable laws or speak with an attorney as soon as possible to avoid missing a critical filing deadline.

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.

You should also take steps early in the process to preserve evidence related to your injury. This may include accident reports, medical records, photographs of your injuries, and communications with the vehicle manufacturer. Keeping this documentation can help support your claim if you later 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 bringing the vehicle in for repairs, look for visible problems such as disconnected wiring beneath the seats or loose connections near the airbag sensors. Although these issues may seem minor, they can sometimes trigger the airbag warning light.
• 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 early stages of a lawsuit often involve collecting evidence, a process that may take several months. This can include obtaining vehicle service records, crash data, witness statements, expert opinions, and other relevant documentation. Discovery is frequently one of the longest phases because both sides must exchange information and review the evidence.

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 disagrees with the trial’s outcome, they may file an appeal, which can extend the case considerably. Depending on the circumstances, the appeals process may add a year or longer to the overall timeline.

Although an airbag defect lawsuit may take anywhere from several months to several years to resolve, many cases settle before trial. Working with an experienced Morgan & Morgan attorney may help keep the case moving, address delays when possible, and improve your ability to pursue a favorable resolution.

You are not legally required to hire an attorney for an airbag injury claim. However, defective product cases can be complicated, and working with an experienced lawyer may help you understand your rights, build a stronger claim, and pursue appropriate compensation.

An attorney may be able to help by:

• Investigating the claim: Reviewing crash data, accident reports, vehicle records, and the airbag system to determine whether the airbag was defective or deployed improperly. This may also involve consulting qualified experts.
• Gathering evidence: Gathering medical records, witness statements, photographs, and other evidence that may help support your claim.
• Handling insurance negotiations: Communicating with insurers and evaluating settlement offers to determine whether they adequately account for your injuries and losses.
• Representing you in court: Presenting evidence and advocating for you if the case proceeds to trial.
• Evaluating your damages: Identifying the losses you may be able to pursue, including medical expenses, lost income, pain and suffering, and other related damages.

The attorney you choose can affect how your claim is handled. Consider working with a lawyer who has experience with product liability matters and airbag-related injury claims.

Morgan & Morgan’s product liability attorneys work on a contingency fee basis. This means you do not pay upfront attorneys’ fees, and you only pay if we successfully recover compensation for you. The Fee Is Free™ unless we win.

If your case results in a settlement or verdict, our fee is calculated as a percentage of the recovery.

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 legal team will arrange meetings as needed to discuss your case, share updates, and help you prepare for any upcoming proceedings. We strive to keep communication open and make sure you understand what is happening throughout the process.

Depending on your circumstances and the needs of your case, these meetings may take place in person, by phone, or virtually.

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.