DEFECTIVE AIRBAG LAWYER IN SARASOTA

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.

Airbags are designed to reduce the risk of injury during a crash, but they can sometimes cause harm if they malfunction or deploy improperly. Because airbags inflate within moments of a collision to help protect occupants from striking the steering wheel, dashboard, or other hard surfaces, a defective or overly forceful deployment can lead to injuries. Some of the most common airbag-related injuries include:

Facial Injuries

Airbag deployment can cause facial injuries, especially when the airbag strikes the face directly. These injuries may include cuts, bruises, burns, and fractures involving areas such as the nose, jaw, or eye socket. In more serious cases, airbag-related trauma can also damage the eyes and affect vision.

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 to inflate rapidly during a crash. In some cases, the deployment process can cause skin burns, particularly if the airbag inflates forcefully or at close range. These burns can vary in severity and may require medical care.

Internal Injuries

In rare situations, forceful airbag deployment can cause internal injuries. These may include internal bleeding, organ damage, or rib fractures 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

The severity of an airbag-related injury can depend on factors such as the force of deployment, where the occupant was seated, and whether a seatbelt was being used. At the same time, airbags can also help prevent far more serious or potentially fatal injuries in a crash.

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 Sarasota, 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 appear minor, it is important to seek medical attention after a crash. Some airbag-related injuries, including concussions or internal trauma, may not cause symptoms right away. A healthcare professional can evaluate your condition and recommend appropriate 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 provides an official record of the crash and may help establish how the accident occurred and how serious it was. If an airbag malfunction played a role, the report may also include details about that issue.

Preserve Evidence of the Defect

If an airbag malfunctioned, such as deploying with excessive force or failing to deploy at all, preserving the evidence can be important. This may include keeping the airbag or airbag module so an automotive safety expert can inspect it.

Contact Morgan & Morgan in Sarasota, 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 any injuries you suffered as soon as you can. Give an accurate account of what happened, but avoid admitting fault or making statements that could hurt your claim.

Taking these steps can help protect your health while also preserving important information and evidence if you later choose to pursue a legal claim.

Finding out whether your vehicle has a defective airbag is an important part of keeping yourself and your passengers safe. Because airbag defects can pose serious risks, any potential problem should be addressed promptly. Several tools and resources can help you check whether your vehicle has an airbag defect or is subject to a 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 dealership can help determine whether your vehicle is included in an airbag recall. Dealers have access to manufacturer information that can show any active or unresolved recalls tied to your vehicle.

Third-Party Recall Services

Some third-party websites and services also provide recall alerts. Many allow you to register your vehicle and receive notifications if its airbags or other components are affected by a recall.

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 be able to pursue a product liability claim against the vehicle or airbag manufacturer. If the airbag failed to deploy as intended and made your injuries more severe, you may be entitled to seek compensation for medical costs, pain and suffering, and other related losses.

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, reviewing accident data (such as crash sensors), and gathering expert testimony about whether the airbag should have deployed. Common causes of airbag failure to deploy include:

• Faulty sensors: Airbags use sensors to recognize when a collision occurs and activate deployment. If a sensor malfunctions or fails to detect the impact correctly, the airbag may not deploy as intended.
• Electrical malfunctions: Electrical problems within the airbag system can interfere with deployment. If the system does not receive or transmit the correct signal, the airbag may fail to activate during a crash.
• Defective airbag components: Problems with the airbag module or inflator can interfere with proper deployment. If one of these components malfunctions, the airbag may fail to inflate or deploy correctly during a crash.

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.

You may be able to file a lawsuit if a defective airbag caused or contributed to your injuries. Airbags are designed to protect vehicle occupants, and manufacturers are responsible for making sure these safety systems work properly. If an airbag deployed improperly, failed to deploy, or otherwise malfunctioned and caused harm, you may have grounds for a product liability claim. Possible legal theories may include:

• Design defects: You may have a claim if the airbag was designed in a way that created an unreasonable risk of injury, such as deploying with excessive force or being positioned improperly.
• Manufacturing defects: A claim may also arise if the airbag was built incorrectly, assembled improperly, or made with defective components that caused it to malfunction.
• Failure to warn: If the manufacturer failed to provide adequate warnings about known airbag risks or defects, you may be able to pursue a failure-to-warn claim.

To pursue a lawsuit, you generally need to show that the airbag defect played a role in causing your injuries. This may involve expert analysis and an investigation into how and why the airbag malfunctioned. If the evidence shows that the airbag was defective or that the manufacturer was legally responsible, you may be able to seek compensation for your losses.

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 a defective airbag caused your injuries, you may be able to seek compensation for related medical expenses. This can include hospital stays, doctor appointments, surgery, prescription medications, rehabilitation, and future treatment needed for lasting injuries.

Lost Wages

If your injuries prevent you from returning to work, you may be able to recover compensation for lost wages. This may include income lost during treatment and recovery, as well as future earnings if your ability to work is affected long-term.

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, punitive damages may be available if a manufacturer’s conduct was especially reckless or wrongful, such as knowingly failing to address a dangerous defect. These damages are meant to punish serious misconduct and discourage similar behavior in the future.

Property Damage

If a defective airbag damaged your vehicle or other personal property, you may also be able to seek compensation for those losses.

Because every case is different, the compensation available will depend on the facts and circumstances involved. A personal injury attorney can help evaluate your claim and identify the types of compensation you may be able to pursue.

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 an airbag defect causes financial losses, such as added repair expenses or a reduction in your vehicle’s value, you may be able to seek compensation for those damages. In some cases, consumers may also pursue recovery for economic losses even when no physical injury occurred.

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 injured by a defective airbag may be able to file a claim just as drivers can. Airbags are intended to protect all vehicle occupants, and if a defect caused or worsened a passenger’s injuries, the passenger may be able to pursue compensation from the vehicle manufacturer or another responsible party.

To support a claim, the passenger generally must show that the airbag malfunctioned, such as deploying with excessive force or failing to deploy when needed. Evidence may include accident reports, medical records, and expert analysis. A key issue will often be whether the airbag defect contributed to the severity of the passenger’s injuries.

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: Under this system, you may still recover compensation even if you share some responsibility for the accident. However, your recovery is generally reduced according to your percentage of fault. For example, if you are found 30% responsible, your compensation would typically 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 share some responsibility for the accident or the severity of your injuries, that may affect the amount of compensation you can recover. For example, if not wearing a seatbelt contributed to the extent of an airbag-related injury, that factor may be considered when determining 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 situations, the deadline to file a lawsuit may be based on when an injury was discovered rather than the date of the accident. For example, if an airbag-related injury or complication does not become apparent until later, the discovery rule may affect when the filing period begins.
• 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 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 results, the airbag system may need to be repaired or replaced. Common repairs could include fixing damaged wires, replacing faulty sensors, or addressing issues with the airbag module itself. Only a certified professional should repair the airbag system, as improper handling could lead to further complications.
• 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, and 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 handling product liability cases and understand the challenges individuals may face after being injured by a defective airbag, including medical expenses, lost income, and long-term health effects. We work to build strong claims and pursue compensation that reflects the full impact of your injuries.

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.