TAVARES 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.

Airbags are designed to help protect vehicle occupants during car accidents, but they can sometimes cause harm, especially when they malfunction or deploy improperly. Airbags inflate rapidly during a collision to help cushion the impact between an occupant and the steering wheel, dashboard, or other hard surfaces. However, if an airbag deploys with excessive force or fails to work as intended, it may cause a range of injuries. Some of the most common airbag-related injuries include:

Facial Injuries

Airbags can cause facial injuries, particularly when they deploy directly into a person’s face. These injuries may include cuts, bruises, burns, and fractures, especially around the nose, jaw, and eyes. In more serious cases, airbag deployment may cause eye injuries or even permanent vision loss.

Neck and Back Injuries

Airbags may contribute to whiplash or other neck and back injuries, especially when they deploy with excessive force. The impact can cause the neck to move suddenly forward and backward, potentially leading to muscle strain, ligament damage, or more serious injuries to the cervical spine.

Chest Injuries

Although airbags are meant to prevent the chest from striking the steering wheel, dashboard, or other hard surfaces, the force of deployment can still cause chest injuries. These may include rib fractures, sternum injuries, or damage to internal organs. In severe cases, airbag deployment may lead to bruised lungs, organ damage, or a punctured lung.

Burns

Airbags use a chemical propellant to inflate quickly during a crash. In some cases, this chemical reaction can cause skin burns, especially if the airbag deploys with excessive force or inflates too close to a person’s body. These burns may range from mild to severe and may require medical treatment.

Internal Injuries

In rare cases, an airbag can cause internal injuries, particularly when deployment is especially forceful. Potential injuries may include internal bleeding, organ damage, or rib fractures that injure internal organs.

Other airbag-related injuries may include:

• Shrapnel injuries
• Lacerations
• Death
• Eye injuries
• Rib fractures
• Head injuries
• Dislocated or fractured shoulders
• Broken bones
• Chemical burns

The severity of airbag-related injuries can vary depending on factors such as the force of deployment, the occupant’s position in the vehicle, and whether they were wearing a seat belt. In many cases, however, airbags help prevent injuries that could otherwise be life-threatening or fatal.

For more information about injuries that may result from a faulty airbag, contact Morgan & Morgan today by completing our free case evaluation form.

If you are injured by an airbag during a car crash in Tavares, Florida, it is important to take immediate steps to protect your health, preserve evidence, and safeguard your legal rights. Here’s what you should do:

Seek Medical Attention Immediately

Even if your injuries seem minor, get medical care after the accident. Some airbag-related injuries, such as concussions or internal injuries, may not be obvious right away. A medical professional can evaluate your condition, document your injuries, and provide any necessary treatment.

Document the Accident

Take photos of the crash scene, your injuries, and any damage to your vehicle. This documentation may serve as important evidence in a potential claim. If the airbag deployed improperly or caused visible injuries, be sure to take clear photos of those details.

File a Police Report

A police report can serve as an official record of the accident and may help establish fault or show the severity of the crash. If a malfunctioning airbag played a role in the incident, the report may also include important details about that issue.

Preserve Evidence of the Defect

If the airbag malfunctioned, such as by deploying too forcefully or failing to deploy, preserve any evidence related to the defect. This may include keeping the airbag, airbag module, or other vehicle components that may need to be inspected by an automotive safety expert.

Contact Morgan & Morgan in Tavares, Florida

If you believe the airbag malfunctioned or caused significant injuries, consider speaking with an attorney who handles personal injury and defective product claims. An attorney can help you understand your legal rights and whether you may have a claim against the vehicle manufacturer, airbag manufacturer, or another responsible party.

Contact Your Insurance Company

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

Taking these steps can help you get the medical care you need while also preserving evidence and strengthening your potential claim if 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 can help you determine whether your vehicle is affected by an airbag recall or any other open recalls.

Manufacturer's Recall Notices

Car manufacturers are required to send recall notices to registered owners of vehicles affected by a recall. These notices typically explain the defect, identify the affected vehicles, and provide instructions for getting the issue repaired. If you have not received a recall notice but believe your vehicle may have a defective airbag, consider contacting the manufacturer directly for more information.

Visit a Dealer

Your vehicle’s dealership can also confirm whether your car is affected by an airbag recall. Dealerships have access to manufacturer records, including information about any open recalls associated with your vehicle.

Third-Party Recall Services

Some third-party websites and services can notify you about vehicle recalls. These services often allow you to sign up for personalized alerts if your vehicle’s airbag or another component 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, the consequences can be serious and even life-threatening. Airbags are designed to help protect occupants by cushioning the impact and reducing the risk of striking hard surfaces inside the vehicle. When an airbag does not deploy in a crash where it should have, the failure may be linked to a defect in the airbag system, such as faulty sensors, a defective inflator, or an issue 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 when it should have, it may have contributed to the severity of your injuries, and you may be entitled to compensation for medical expenses, 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 may be able to sue if an airbag caused your injury, but whether you have a valid claim depends on the specific facts of your case. Airbags are designed to protect vehicle occupants, and manufacturers are responsible for ensuring these safety systems work properly. If an airbag malfunctioned, deployed too forcefully, failed to deploy when it should have, or otherwise caused harm, you may have grounds for a product liability lawsuit. There are several legal theories that may apply in an airbag injury case, including:

• Design defects: If the airbag was designed in a way that made it more likely to cause injury, you may have a claim based on defective design. For example, an airbag that deploys with excessive force or is positioned improperly could lead to serious injuries.
• Manufacturing defects: If the airbag was built incorrectly, assembled improperly, or made with defective materials, you may have a claim based on a manufacturing defect. This may apply when the airbag fails to function as intended because of an issue during production.
• Failure to warn: If the vehicle or airbag manufacturer failed to provide adequate warnings about known risks, defects, or dangers associated with airbag deployment, you may have a claim based on failure to warn.

To pursue a lawsuit, you will generally need to show that the airbag defect caused or contributed to your injuries. This often requires a detailed investigation, expert analysis, and evidence showing how the airbag malfunctioned. If the evidence shows that the manufacturer was negligent or that the airbag was defectively designed or manufactured, you may be entitled to compensation for your injuries and related 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 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 during your recovery. This can include wages lost while you were hospitalized or unable to work, as well as future lost earnings if your injuries affect your ability to work going forward.

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 conduct was especially reckless or egregious, such as knowing about a defect and failing to address it, you may be entitled to punitive damages. These damages are meant to punish wrongful conduct and help deter 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 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 can absolutely file a claim for injuries caused by a defective airbag. Just like drivers, passengers are protected by the same safety features in a vehicle, including airbags. In fact, airbags are designed to protect everyone in the car, not just the driver. If an airbag injures a passenger during an accident and the airbag’s defect played a role in causing or exacerbating the injury, the passenger can pursue a claim against the vehicle manufacturer or any 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 warning light turns on, it may indicate a problem with the airbag system. Ignoring the warning could lead to additional issues and may prevent the airbags from deploying properly in a crash.
• 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: After the repairs are completed, confirm that the airbag warning light has turned off and that the system is working properly. You may also request a follow-up diagnostic check or ask whether a warranty covers 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 outcome at trial, they may choose to file an appeal, which can delay the final resolution of the case. Appeals may add a year or more to the overall lawsuit timeline.

Although an airbag defect lawsuit may take months or even years to resolve, many cases settle before trial. Working with an experienced attorney at Morgan & Morgan may help move the process forward and improve your chances of pursuing 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: An attorney can help you understand the full range of damages you may be entitled to pursue and work to identify every available path to recovery. This may include compensation for medical expenses, lost wages, pain and suffering, and other related losses.

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 handling product liability cases and understand the challenges people may face after being injured by a defective airbag, including medical bills, lost income, and long-term health complications. We work to build strong claims and pursue compensation that reflects the full extent of your injuries and losses.

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.