What you receive for any accident case relies on the type of injury you sustained and how it affects your life. Because car accidents can result in a range of injuries, settlements for cases involving faulty airbags vary. We can seek compensation for various losses, from pain and suffering to lost income.
When an Airbag doesn’t Deploy, Severe Injuries Can Occur
Airbags saved an estimated 2,790 lives in 2017 alone, according to the U.S. Department of Transportation (DOT). However, they don’t just save lives; they can prevent severe injuries that could result from colliding with the steering wheel, dashboard, or side of a vehicle.
If your airbag failed to deploy, you could be the victim of:
- Head and neck injuries
- Traumatic brain injuries
- Back and spine injuries
- Facial injuries
- Upper body injuries
- Broken bones
- Bruises and lacerations
- Internal injuries
These injuries lead to different medical conditions, and some may require expensive ongoing care. Consequently, the settlement for each injury depends on how it affects your future.
For example, internal injuries could require hospitalization, costing tens of thousands of dollars, while some bruises, although very painful, do not warrant emergency room care.
Don’t Forget the Cost of Complications and Secondary Injuries
Some injuries carry additional risks that cause you and your family to incur additional medical expenses. Complications from injuries may include:
- Infections
- Disfigurement
- Mental health issues
- Chronic pain
- Disability
- Physical therapy
Lacerations may require antibiotics or reconstructive surgery, especially for facial wounds. Traumatic brain injuries can be accompanied by mood disorders, necessitating prescription medication and therapy.
Immediate and ongoing treatment for these complications may qualify you for additional compensation. To know what you could receive, we must know what you experienced. You deserve damages that reflect that.
The Other Variable in a Crash: You
Determining an average settlement for airbag deployment failures is also challenging because each injury’s personal impact is also unique. Settlements don’t just pay your bills; they compensate you for the upheaval, inconvenience, and trauma of being in an accident.
Factors that can impact what you receive are your:
- Physical pain
- Emotional anguish
- Hobbies
- Relationships
- Well-being
If you suffered a traumatic brain injury, work could be harder due to your inability to multitask or concentrate. Perhaps a hobby that once brought you joy, like playing soccer or an instrument, is more challenging or even impossible due to mobility issues.
These are accident consequences that warrant recognition and can affect your settlement. If your injury interfered with your spousal intimacy, you could be eligible for loss of consortium damages. You are a key variable in your own airbag injury case. Your settlement should reflect you.
You Could Be the Victim of Multiple Types of Negligence
What you receive can also depend on who is held liable. In fact, you could receive damages from more than one party after an airbag failure. For instance, you could pursue both the negligent driver who hit you and the manufacturer of a faulty airbag for compensation if they both played a role in your injuries.
Potentially negligent parties could include:
- Drivers
- Product manufacturers
- Auto shops
- Product designers
- Previous vehicle owners
If your car was used when you purchased it, it may have been in a previous crash. Once deployed, airbags must be replaced. If the previous owner did not do this, they may share some of the blame for your injuries. Auto shops and maintenance workers can be held liable for similar negligence if they didn’t replace a used airbag.
The responsibility for faulty airbags can be laid at the feet of designers and manufacturers, as well. Just one defective auto part could prevent the airbag from doing its job. The amount you could receive from these parties may also depend on the defect and how it contributed to your injuries.
Recalled and Fake Airbags
You may also have been the victim of fraud. The DOT warns consumers about fake airbags, especially ones purchased online to replace used ones. This could be grounds for a suit against whoever sold you the airbag.
Additionally, your airbag failure could be due to a design flaw. For instance, according to the Insurance Institute for Highway Safety (IIHS), Takata airbags prompted the largest recall in U.S. history. Even if your car was not equipped with a Takata airbag, you could be eligible for damages if your airbags were designed incorrectly.
Our Car Accident Lawyers Can Evaluate All Compensation Options
The settlement amount for car accidents when airbags don’t deploy depends on your specific accident and injury. How has the injury affected your life? Who caused your injuries?
If you aren’t sure how to answer these or other questions related to your crash, call in the Strong Arm. Loncar Lyon Jenkins provides free consultations and a 24/7 call line. Learn about our Dallas car accident lawyers now by calling or filling out our online form.