The airbag is one of a vehicle’s most critical safety features, yet it can also be the cause of certain injuries in a car accident. If you suffer chest, rib, face or other injuries due to the force of impact from an airbag, you can list these as damages on a related car insurance claim. If an airbag contains a defect that causes an injury, a product liability claim can be filed, as well.
Common Types of Airbag Injuries
An airbag works by rapidly expanding the instant it’s activated by a car accident that is serious enough to trigger deployment. A chemical reaction inflates the bag instantaneously, creating a surface that is meant to cushion the vehicle occupant’s impact and prevent blunt-force trauma injuries. If an airbag deploys with enough force, however, it can actually cause injuries:
- Trauma to the torso
- Injuries to the chest, sternum and collarbone
- Bruised or broken ribs
- Lung and respiratory injuries
- Organ injuries
- Internal bleeding
- Cervical spine injuries
- Neck injuries, including whiplash
- Concussions and traumatic brain injuries
- Facial injuries
- Eye injuries and vision loss (orbital fractures or corneal abrasions)
- Chemical burns and skin irritation
- Hearing damage
Airbag injuries are more common among vulnerable people, such as small children, pregnant women and the elderly. Unless precautions are taken to prevent these individuals from airbag injuries, such as turning the airbag off, they could suffer catastrophic and even fatal damage from the airbag in an accident.
Defective Airbag Injury Claims
Some airbags cause injuries due to serious product defects. One example was the recall of more than 67 million Takata airbags for a defect that caused the devices to explode upon deployment, sending shrapnel and debris flying at a high speed into the cab of the car. This defect caused more than 400 injuries and 28 deaths in the U.S.
Defective airbags can cause significant injuries by deploying spontaneously, deploying too late, failing to deploy, bursting apart upon deployment or releasing dangerous chemicals into the air. When an airbag contains a manufacturing, design or marketing defect, the manufacturer of the product can often be held accountable through a strict product liability claim.
Who Is Liable for an Airbag Injury in New York?
If you suffered injuries from an airbag that were caused by the ordinary forces of a car accident and not an airbag defect, your first option for pursuing financial compensation is your own personal injury protection (PIP) insurance under New York’s no-fault law. If your injuries are severe, however, you have the right to file a claim against the at-fault driver or party.
How Can a Car Accident Lawyer Help Me With an Airbag Injury Case?
Airbag injury cases can be difficult to win, as car insurance companies are determined to fight liability and diminish claim payouts whenever possible. If you suspect an airbag product defect, your claim may involve complex New York product liability laws. Hiring a personal injury lawyer is the most effective way to navigate your claim.
An experienced accident lawyer will carefully investigate your car accident to determine the cause and gather evidence that can be used to support your airbag injury case. A lawyer knows how to achieve a fair settlement from a car insurance company. If a settlement isn’t offered, a lawyer can represent you in court to seek a just amount of compensation for an airbag injury.
If you recently suffered an airbag injury in a New York car accident, don’t hesitate to contact Abaev Law Firm, PLLC. We offer free case consultations.