DEFECTIVE AIRBAG LAWYER IN BOSTON

Airbags are estimated to have reduced accident fatalities by up to 29%. Airbags are intended to help protect vehicle occupants during a crash, but a malfunction can create additional danger. If an airbag fails to deploy when needed or activates unexpectedly, it may contribute to serious injuries or fatalities.

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

Airbags are designed to help protect the chest from striking the steering wheel or dashboard, but deployment can sometimes injure the ribs, sternum, or internal organs. These injuries may include broken ribs, bruised lungs, organ damage, or, in severe cases, a punctured lung.

Burns

Airbags rely on a chemical propellant to inflate quickly during a collision. The deployment process can sometimes cause burns, especially when the airbag activates with significant force or close to the body. These injuries can range from minor to serious and may require treatment.

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 Boston, Massachusetts, 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

Photograph the accident scene, your injuries, and any damage to your vehicle. These images may help support a future claim. If the airbag deployed incorrectly or caused visible injuries, be sure to document those details clearly as well.

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 Boston, Massachusetts

If you believe an airbag malfunctioned or contributed to serious injuries, consider speaking with an attorney who handles personal injury or defective product cases. A lawyer can explain your legal options and determine 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 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

Vehicle manufacturers typically send recall notices to registered owners when their cars are affected. These notices explain the defect, identify the vehicles involved, and provide instructions for completing the repair. If you have not received a notice but suspect your airbag may be defective, you can contact the manufacturer directly to check for an active recall.

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

Records from an authorized dealership can show whether your vehicle’s airbag system has been inspected, repaired, or replaced. They may also indicate whether any previous airbag recalls were completed.

If your airbag failed to deploy during an accident, it can be extremely frustrating and even life-threatening. Airbags are designed to reduce the risk of injury by cushioning occupants from hard surfaces inside the vehicle during a crash. If an airbag does not deploy when it should, the failure may be linked to a defect such as a faulty sensor, malfunctioning inflator, or electrical problem.

In these cases, you may be able to pursue a product liability claim against the vehicle or airbag manufacturer. If the airbag’s failure contributed to more serious injuries, you may be entitled to seek compensation for medical expenses, pain and suffering, and other related losses.

Determining whether an airbag failed because of a defect typically requires an investigation. This may involve inspecting the airbag system, reviewing crash data and sensor information, and consulting experts to evaluate whether the airbag should have deployed. Common reasons an airbag may fail 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 working, you may be able to recover compensation for lost wages. This may include income lost during your recovery and future earnings if your injuries affect your ability to work long-term.

Pain and Suffering

Pain and suffering damages may compensate you for both the physical pain and emotional impact of your injuries. This can include discomfort from the injury itself, as well as emotional distress related to the crash, such as anxiety, depression, or trauma.

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 causes damage to your vehicle or other belongings, you may be able to recover compensation for those losses.

The amount and types of compensation available will depend on the specific facts of your case. An attorney can review what happened and help determine which damages 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 a defective airbag leads to financial harm, such as higher repair costs or diminished vehicle value, you may be able to recover compensation for those losses. In some situations, economic damages may be available even if 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

A defective airbag incident can sometimes cause significant emotional harm, even if physical injuries are minor or do not occur. A sudden or unexpected deployment may lead to shock, anxiety, or other lasting psychological effects.

Depending on the circumstances, compensation may be available for this type of harm. A Morgan & Morgan attorney can review your situation and explain whether emotional distress or other non-physical losses may be part of your claim.

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 establish a claim, a passenger will generally need to show that the airbag did not function properly, such as deploying with too much force or failing to activate when it should have. Supporting evidence may include crash reports, medical documentation, and expert evaluations. The central question is often whether the defect caused or worsened 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: A small number of states follow a contributory negligence rule, which can prevent you from recovering compensation if you are found to share any fault for the accident. This standard is less common and applies only in a limited number of jurisdictions.

Impact on Your Claim

If you were partly responsible for the accident or for making your injuries worse, your compensation may be reduced. For instance, if failing to wear a seatbelt contributed to the severity of an airbag-related injury, that may be taken into account when damages are calculated.

What You Should Do

If you believe you may have been partly responsible for the accident, you may still have legal options. Contact Morgan & Morgan to speak with an attorney who can explain how your state’s laws may affect your claim and help evaluate your case.

An attorney can also help you understand comparative negligence rules and pursue the compensation you may be entitled to. Getting started with Morgan & Morgan is simple, and you can begin 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 certain cases, the time limit for filing a lawsuit may begin when the injury is discovered rather than on the date of the crash. If an airbag-related injury or complication is not immediately apparent, the discovery rule may affect when that deadline starts.
• 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 do not file a lawsuit within the applicable deadline, your case may be dismissed, and you could lose the ability to seek compensation for your injuries. Because these deadlines can affect your legal options, it is important to take action as soon as possible after an airbag-related injury.

If you believe you may have a claim, consider speaking with an attorney promptly. A lawyer can explain the deadlines that may apply to your case and help make sure any required filings are completed on time.

It is also important to preserve evidence early, including accident reports, medical records, photographs of your injuries, and communications with the vehicle or airbag manufacturer. This information may help support your claim if you decide to pursue legal action.

An illuminated airbag light usually means the vehicle has detected a problem with the airbag system. The issue could involve anything from a faulty sensor to a more serious malfunction that may affect whether the airbags deploy properly in a crash. If the light comes on, consider taking the following steps:

• Do not ignore the warning: The airbag light indicates that the system may not be working as intended. Leaving the issue unresolved could affect airbag performance in an accident.
• Look for obvious problems: In some cases, loose connections or wiring issues near the seats or airbag sensors may trigger the warning light. Avoid tampering with airbag components yourself.
• Schedule a diagnostic test: A repair shop or dealership can scan the vehicle’s onboard diagnostic system for error codes that may identify problems with sensors, wiring, or the airbag module.
• Have the system inspected and repaired: Depending on the diagnosis, repairs may involve replacing faulty sensors, fixing wiring, or repairing or replacing components within the airbag system. A qualified professional should handle this work.
• Limit driving until the issue is addressed: If the warning indicates a serious airbag malfunction, driving the vehicle could leave you with reduced protection in a crash.
• Confirm the repair: After the work is completed, make sure the warning light is off and the airbag system is functioning properly. A follow-up diagnostic scan can help verify the repair.

If your airbag light comes on, have the vehicle inspected by a qualified mechanic or dealership as soon as possible to identify and correct the problem.

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 focus on collecting evidence, which can take several months. This may include vehicle service records, crash data, witness statements, expert opinions, and other relevant information. Discovery can be one of the most time-consuming parts of the case because both sides must exchange evidence and case-related materials.

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 the parties are unable to reach a settlement, the case may proceed to trial. This can extend the lawsuit by months or even longer. At trial, a jury may be selected, both sides present evidence and arguments, and the jury ultimately deliberates before reaching a verdict.

Appeals

If either side disagrees with the outcome at trial, they may decide to appeal. An appeal can significantly extend the time it takes to reach a final resolution.

Although an airbag defect lawsuit may take months or even years to resolve, many cases settle before trial. Working with an experienced Morgan & Morgan attorney can help keep the process moving and ensure your claim is handled effectively from start to finish.

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 how your airbag injury occurred and work with experts to determine whether the airbag was defective or deployed improperly. This may include reviewing crash data, accident reports, and information from the vehicle’s airbag system.
• Building a strong case: An attorney can help collect evidence, speak with witnesses, and review medical records to strengthen your claim. They can also make sure important documents are properly organized and included as your case moves forward.
• 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 lawyer can have an important impact on your case. Look for an attorney with experience handling defective product claims and a strong history of representing clients in airbag injury cases.

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 handled by a team of attorneys, paralegals, case managers, and other legal professionals who work together to keep your claim moving forward. You may also have a main point of contact who can answer questions and provide updates 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.