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Albany Airbag Injury Lawyer
Since airbags became a requirement for all new cars starting in the 90s, they have saved thousands of lives during even the most gruesome car accidents. In fact, the Insurance Institute for Highway Safety (IIHS) estimates that frontal airbags alone have saved upwards of 50,000 people.
Unfortunately, airbags can cause significant injuries in the process of saving a life. That’s because an airbag can deploy and impact passengers at upwards of 100 miles per hour. This impact can cause facial fractures, head injuries, hearing loss, broken bones, eye injuries, and so much more. More rarely, defective airbags can cause explosions, airbag deployment failure, and even wrongful death. In both of these situations, injured victims can lose thousands of dollars due to medical care and lost wages. The good news is that an Albany airbag injury lawyer can help.
If you have suffered serious injuries due to airbags, you have legal options. Our experienced legal team can fight for your financial recovery through a personal injury, product liability, or wrongful death lawsuit. Call our law firm today at 518-456-0082 to schedule a free case review.
Airbag Basics
Airbags are basically cushions that inflate in less than a second during a high speed collision. They are designed to protect drivers and vehicle occupants from hitting the steering wheel, windows, and doors. Airbags and seat belts work together to prevent fatal injuries during an auto accident.
An airbag deploys in one-tenth of a second whenever the sensor in a car detects a crash. The vehicle’s airbags will then rapidly inflate with nitrogen gas and deflate once the passengers hit them.
The first air bag designs date back to motor vehicles manufactured in the 1970s. But these early airbags had the opposite effect – they caused catastrophic injuries and even some deaths. Airbags didn’t become a requirement until the 90s. In fact, the U.S. Intermodal Surface Transportation Efficiency Act of 1991 required all cars manufactured after September 1, 1998 to have airbags for the driver and the front passenger.
What is a Defective Airbag?
Airbags are life savers most of the time, literally. But there is such a thing as defective airbags that can cause catastrophic injuries and even death when a collision occurs. Faulty airbags are those that don’t work safely or effectively due to poor design and/or poor manufacturing. A fairly well known defective airbag case involves the recalled Takata airbag. The Takata airbag defects are caused by the two following issues:
- There is a highly flammable propellant agent in the airbag inflator called ammonium nitrate.
- There is no drying agent to absorb moisture.
Ammonium nitrate begins to deteriorate when it’s exposed to moisture. If this deterioration begins before a car accident happens, there is a higher risk of explosion from the Takata airbag inflators. Naturally, drivers and passengers could suffer catastrophic injuries from this explosion. But this wasn’t the only Takata airbag malfunction. Other common defects include defective crash sensors. This specific airbag defect would make the airbags fail to deploy, deploy too late, or unexpectedly deploy.
If you have suffered defective airbag injuries, this is a product liability issue that you can sue for. An Albany defective airbag attorney at Bailey, Johnson & Peck can help you seek compensation for the damages that you have suffered due to malfunctioning airbag.
How Do I Know If My Car Has a Defective Airbag?
The National Highway Traffic Safety Administration (NHTSA) stays on top of product recalls relating to cars and airbags. In order to determine if your car has recalled malfunctioning airbags, go to the recalls section on the NHTSA website and then type in your vehicle identification number (VIN). The results will tell you if you have defective airbags in your car. If you do, you can generally get the airbags replaced for free either by the airbag manufacturer or the vehicle manufacturer.
Common Types of Airbag Injuries
Not only can defective airbags cause severe harm, but non-defective airbags can too, especially in the event of a car crash. Airbags are designed to save lives, but that often means that people suffer serious injuries as a result of the rapid airbag deployment, such as:
- Broken bones in the upper body and arms
- Facial fractures
- Bruising
- Eye irritation and injuries (from the dust and chemicals that airbags release upon deployment)
- Throat irritation and coughing (again, from the dust and chemicals)
- Ear ringing and/or hearing loss (airbag deployment can generate sound pressure of up to 170 decibels)
- Chemical burns on the face, chest, and arms
- Loss of fetus and/or fetal injuries in pregnant women
- Traumatic brain injuries such as a concussion
- Internal bleeding
Can You Sue for Airbag Injuries?
Yes, you can definitely sue if you suffered injuries caused by a defective airbag or a negligent driver.
A lawsuit for a defective airbag is just like a lawsuit for any other defective product. You would basically file a product liability lawsuit if you suffered serious injuries from an airbag malfunction.
However, if you suffered airbag injuries due to a negligent driver crashing into you, you would file a personal injury lawsuit against that driver.
And lastly, if someone you love suffered fatal injuries due to a defective airbag or a negligent driver, you would file a wrongful death lawsuit. The experienced attorneys at Bailey, Johnson & Peck have what it takes to handle personal injury, product liability, and wrongful death lawsuits.
Possible Liable Parties for Airbag Injuries
Airbag injuries can be complex cases because there can be many different liable parties. Possible liable parties include:
- Auto manufacturers
- Airbag manufacturers
- The company or person who did the inspection, maintenance, replacement, and/or repairs
- The at-fault driver in the car accident
Car crashes are incredibly scary and quick. Emotions can run high for weeks as you recover from your injuries. Because of this, car crash victims can struggle to figure out who is at-fault for their airbag injuries, especially without legal counsel. The personal injury and defective airbag attorneys at Bailey, Johnson & Peck can analyze the details of your car accident case and help you determine who exactly is at fault.
Airbag Injury Damages
An Albany airbag injury lawyer at Bailey, Johnson & Peck can help you recover financial compensation for the following types of damages after a car accident:
- Past and future medical bills
- Past and future rehabilitative bills
- Lost income
- Loss of earning capacity (if the car accident injuries prevent you from performing your normal job duties)
- Physical pain and suffering
- Emotional distress
- Mental health counseling bills
- Permanent scarring, disability, and/or disfigurement
- Loss of consortium
- Loss of enjoyment of life
- Funeral and burial expenses (if the car accident resulted in wrongful death)
Call an Albany Airbag Injury Lawyer at Bailey, Johnson & Peck Today
If you have suffered injuries from an airbag – either due to a defect or a negligent driver – you may have grounds to take legal action. An experienced attorney at Bailey, Johnson & Peck can help you file a personal injury, a product liability, or wrongful death claim relating to dangerous airbags. Most importantly, our team will protect your legal rights. Call 518-456-0082 to schedule a free case evaluation with us today.Practice Areas
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Our attorneys have extensive experience in personal injury law, including car accidents, slip-and-fall accidents, catastrophic injuries and wrongful death. If you have questions about insurance coverage and how to get the financial compensation you need, contact us today to see how we can help.
We have represented many clients on both sides of personal injury and insurance disputes. Let us use our depth of knowledge and experience to help you and your family get the medical care and financial compensation you need and deserve.
