Nearly all vehicles currently on the road have airbag safety devices. When functioning properly, they can save lives, but they can cause serious injuries and in some cases even death when they are defective. If you have suffered an injury or experienced an accident-related fatality due to a malfunctioning airbag, here are a few things that you need to know.
How Can an Airbag Cause Injury
Airbags are installed to prevent injury by deploying during an accident. The deployment keeps the driver or passenger from being ejected from the vehicle and other life-threatening situations. The airbags are designed to deploy at specific times and for certain types of accidents. For instance, if there is a front-end collision, the airbag will deploy on impact for the vehicle’s safety. When an airbag deploys prematurely or without an accident, it can cause injury to unsuspecting drivers and passengers. Another example would be if an accident should have triggered the deployment of an airbag but does not, it can cause life-threatening injuries or death. For additional information regarding what constitutes an airbag injury, visit http://floodtriallawyers.com/
Liability in Airbag Injuries
Many factors determine the liability for injuries caused by airbags. Vehicle maintenance, the behavior of the vehicle occupants, the presence of the airbag, and vehicle defects all play a part in determining liability.
· Vehicle maintenance. If it is determined that the airbag defect was caused by the lack of maintenance on the part of the owner, then the liability will likely fall to the owner.
· Occupants behavior. If the occupant’s behavior can be attributed to the injury, then the liability will fall to the occupant. An example of this is the negligence of wearing a seat belt.
· Presence of an airbag. If the airbag was present but did not deploy properly or deployed without cause, the liability may be attributed to the manufacturer.
· Vehicle defects. If defects within the vehicle are determined to cause the airbag deployment, then the liability will likely be given to the manufacturer.
Understanding liability is important in this type of case. There are likely multiple parties that could carry the blame or share in the blame. These parties include the driver, any other occupants, the vehicle manufacturer, and the manufacturer of the airbag. These deciding factors will determine who is responsible for the injuries, and each needs to be analyzed thoroughly.
Consumer Rights with Airbag Injuries
If a person feels as though they have been injured because of improper airbag function, their rights must be understood. It is imperative that all evidence is preserved in the case of an accident. The airbag will need to be analyzed to determine if it was defective. The airbag itself, all associated sensors, and the vehicle are all important components that will need to be inspected. Whether the injured party was the driver, occupant, or vehicle owner, they have the right to take action against the responsible party.
Automotive accidents can be scary. When malfunctions happen with safety equipment it only adds to the fear. When faulty equipment is installed in vehicles, the responsible parties must be held liable. The victim has most likely occurred financial, emotional, and physical hardships due to the negligence that will need to be rectified.