Drivers and passengers rely on airbags to deploy during serious collisions and help prevent fatal or life-altering injuries. When airbags fail to deploy due to defective production or design, victims may file lawsuits and seek full compensation with the help of our attorneys.
The defendant in your lawsuit may be the designer or manufacturer of the airbag. We must prove the airbag didn’t deploy because it was defective, not because the crash point would not have activated the sensors. When airbag manufacturers are not liable, victims may sue the drivers who caused the accident. You have three years to file your lawsuit, during which our lawyers will seek compensation for economic and non-economic damages. We may even seek punitive damages for egregious misconduct.
For help with your case from our Alma, AR car accident lawyers, call us today at (479) 316-0438.
Can You Sue if Airbags Didn’t Deploy During a Crash in Arkansas?
Airbags are designed to automatically deploy in the event of a moderate to severe collision. Many airbags deploy during crashes at just 10 miles per hour, and drivers expect them to work when necessary, especially in accidents where the risk of injury is high.
Car manufacturers owe drivers a duty of care to sell vehicles with effective airbag systems. The risk of fatal injury increases significantly if an airbag does not deploy during a high-speed accident. Without airbags, victims might go through windshields, suffer life-altering traumatic brain injuries, sustain disfiguring facial injuries, and suffer other physical harm.
Suppose you experienced a single-vehicle accident, and airbags did not deploy, worsening your injuries. In that case, you may seek compensation from the manufacturer. You may be able to do the same for any accident, no matter how many parties are involved or its cause, if a failed airbag deployment contributed significantly to your injuries.
Most passenger seat airbags only engage when the front seat meets certain weight requirements. An airbag not deploying because the front seat passenger was a child who should not have been present can complicate a compensation claim, so contact our Arkansas car accident lawyers for help.
What Do You Need to Prove When You Sue for Airbags Not Deploying in a Crash?
When you sue for airbags not deploying during a crash, our lawyers must prove that the deployment didn’t occur due to negligence or a defect, and that your injuries are worse because of it.
Defendants might argue that airbags didn’t deploy because of the impact point of the collision. Front airbags might not deploy during a T-bone accident, but should almost always deploy in a head-on collision. Accident reconstruction experts can confirm that the airbag sensors should have been triggered during the impact, but failed to because of a defect.
Accident reconstruction experts can also prove that the severity of the collision was such that the airbags should have been deployed. While a low-speed fender-bender may not activate airbag deployment, virtually any highway collision should trigger airbags right away.
Who Else Can You Sue if Airbags Didn’t Deploy in a Crash?
Depending on the impact point and collision angle of a car accident, airbags may not deploy, and this is not necessarily due to a defect. Drivers and passengers can still suffer injuries in low-speed accidents where airbags don’t deploy, such as lacerations from broken glass and concussions from hitting their heads on the sides of vehicles or the seats in front of them.
If airbags not deploying had less to do with defective products and more to do with the impact point of the crash, our attorneys may focus on suing the negligent driver instead. The person who struck and hurt you may be mostly liable for the accident and your injuries, regardless of airbag deployment.
How Long Can You Sue if Airbags Didn’t Deploy in a Crash in Arkansas?
If airbags didn’t deploy during your recent collision, substantially worsening your injuries, our lawyers can help you file a lawsuit against the manufacturer, designer, or possibly even car dealer. You only have a finite period to sue after any car accident in Arkansas, so do not wait to contact us about starting your case.
The statute of limitations for any product liability case is three years from the date of injury. This is the same amount of time victims have to sue anyone else who might share fault for a collision and their injuries, as the normal personal injury statute of limitations in Arkansas is also three years, according to Ark. Code. § 16-56-105.
It can take time for our lawyers to reconstruct accidents and confirm whether the failure to deploy contributed substantially to your injuries and damages. There are many other aspects of your lawsuit to prepare, such as calculating our requests for relief and interviewing eyewitnesses.
What Damages Can You Get if Airbags Didn’t Deploy During Your Crash?
Drivers expect their airbags to function properly and protect them in the event of an accident. These devices must meet safety standards and operate effectively; otherwise, drivers and passengers may be at a higher risk of fatal or serious injuries. Airbag designers or manufacturers who are aware of a defect but continue to distribute vehicles or fail to warn customers who have already purchased vehicles may ultimately be held liable for punitive damages to victims.
Arkansas allows punitive damages in instances of egregious misconduct, and defendants being so reckless with drivers’ lives and general safety may meet the criteria.
We will also seek payment for compensatory damages you have incurred, which are the economic and non-economic losses you suffer. These encapsulate all medical bills and missed wages, as well as the intangible damages from physical pain and mental suffering.
Contact Our Arkansas Car Accident Lawyers Today
For a free case discussion with our Bella Vista, AR car accident lawyers, call (479) 316-0438 today.