How Can a Defective Airbag Lawyer in Houston Help?
Hiring a Houston defective airbag lawyer can be the difference between receiving just compensation or having no case at all. These are product liability cases. In all product liability claims, you must preserve the evidence and keep the chain of evidence clean so that you can prove that the airbag was defective at the time it was installed and that it was not altered. Some key things a defective airbag lawyer can do for you are:
- Have the vehicle towed to a safe storage facility where it can be preserved.
- Hire a qualified expert to inspect the vehicle, including the airbag and its sensors to see whether the airbag was working properly or it malfunctioned.
- Download the vehicle black box data to determine when and how the airbag deployed, if at all.
- Identify the airbag manufacturer and any airbag recalls on he vehicle.
- Present a claim to the proper manufacturer and litigate the matter if necessary.
How Do Airbags Work?
Airbags work by using sensors to determine how severe the impact of a crash is and then reacting. If the crash is severe enough, the airbag sensors will signal inflators to fill the bags with air and deploy rapidly to protect car occupants and reduce the risk of injury by absorbing the impact.
Causes of Airbag Failures
Although airbags are designed to reduce the risk of injury during an accident, they cannot do this if they fail to work as intended. The most common causes of an airbag failure include:
- Failure to deploy in a crash: Airbags may fail to deploy during a collision due to design flaws such as improper sensor placement or miscalculation in crash dynamics, manufacturing defects, or corrosion or water damage to electrical wiring or airbag sensors.
- Unexpected deployment while driving: Airbags may unexpectedly deploy due to manufacturing defects, software issues, wear and tear over time, or a previous airbag repair that was tampered with improperly.
- Explosive inflation: In some cases, an airbag may explode due to being deployed with excessive force. When defective inflators cause explosive inflation, they can send metal shrapnel into passengers and cause serious injuries. The Takata airbag defect is an example of an explosive inflation failure, where a chemical propellant inside the inflator could explode and send metal fragments into the vehicle.
- Sensor malfunctions: Sensor malfunctions can cause airbags to deploy too early or too late in an accident. Sensor malfunctions can be caused by faulty impact sensors, defective on/off sensors, or electrical system problems, such as a short circuit or a faulty connection.
These failures can lead to faulty airbag injuries that could further harm vehicle occupants during a crash. If you are the victim of a faulty airbag injury, you should consider talking to an airbag injury attorney to determine your rights.
Which Manufacturers Have Had Defective Airbag Recalls?
Many major automakers have been affected by defective airbags, which has led to airbag recalls by manufacturers. One of the largest airbag recalls in the automobile industry was the Takata airbag recall. According to the National Highway Traffic Safety Administration (NHTSA), approximately 67 million Takata airbags were recalled because they could explode when deployed and send metal shrapnel into passengers. Car brands that had Takata airbag defects included Ford, Acura, BMW, Chrysler, Dodge, Infiniti, Mazda, Nissan, Pontiac, and Toyota.
Other car manufacturers, including General Motors, Honda, Kia, and Hyundai, had to issue recalls in many of their vehicles due to defective sensing and diagnostic modules and wiring that prevented airbags and seatbelts from deploying properly during crashes. Additionally, GM recalled numerous Buick and Cadillac vehicles due to potential airbag malfunctions, including airbag warning lights not working and issues with side-curtain airbags.
These recalls led to hefty defective airbag settlements for major car brands. For the Takata airbag defect, Ford reached a $299.1 million settlement to exit the litigation and cover class members’ loss claims. Honda agreed to pay $85 million to states and $11.375 million to California in their settlement for the Takata airbag defects.
What Airbag Injuries Can a Defective Airbag Cause?
Defective airbag accidents can lead to severe injuries for vehicle occupants. Some of the most common defective airbag injuries include:
- Head and facial fractures
- Traumatic brain injuries (TBIs)
- Spinal cord damage
- Eye injuries and blindness
- Sternum Fractures
- Death.
Airbag explosion injuries can be catastrophic and may lead to permanent damage or, tragically, death. If you have reason to believe that you were injured by a faulty airbag, you should contact a personal injury attorney to discuss filing an airbag injury lawsuit.
Who is Liable for a Defective Airbag Injury?
Many parties may be held liable for defective airbag injuries. When a faulty airbag causes damages or injuries, product liability law holds manufacturers, distributors, and retailers responsible, regardless of fault. Under defective product liability, airbag manufacturers, like Takata, may be held liable for injuries or deaths caused by the faulty airbags they created in an airbag manufacturer lawsuit. Additionally, vehicle manufacturers who used the defective airbags can be held responsible. Lastly, defective product liability can also hold dealerships or repair shops accountable for failing to replace the recalled airbags. A Houston vehicle defect lawyer can help you determine which party to go after in your defective airbag lawsuit.
What Compensation Can A Defective Airbag Injury Attorney Recover?
If you were injured in a defective airbag accident, you may be entitled to airbag lawsuit compensation and personal injury damages as part of your Houston product liability claim. Victims of an airbag defect may be able to recover economic damages such as current and future medical expenses relating to the injuries caused by the defect. Additionally, you may be able to recover damages for lost wages and reduced earning capacity as a result of your injuries. In addition to economic damages, during your defective airbag settlement, you may be entitled to compensation for noneconomic damages. Noneconomic damages can include pain and suffering, which refers to the “physical pain” and “emotional distress” that compensate a victim for the trauma they suffer as a result of the wrongful actions of another. Furthermore, non-economic damages can provide compensation for the families of wrongful death victims.
How Do You File an Airbag Defect Lawsuit in Houston?
Texas limits the amount of time you will have to start the defective product legal process. For most personal injury and product liability cases in Texas, the statute of limitations is two years from the date of the incident. If the statute of limitations is not overdue, you can begin filing an airbag defect claim. The four main airbag injury lawsuit steps are:
- Preserve the vehicle. First and foremost, you want to preserve the vehicle and the airbag. Do not let the vehicle be sold for salvage or otherwise destroyed. The vehicle, airbag, and black box are often crucial in proving these cases. Have the vehicle towed to a safe storage facility where it cannot be accessed by thieves or vandals.
- Gathering medical records and accident reports: Collect your medical records and accident reports, and take pictures of your injuries, vehicle damage, and the accident scene.
- Investigating the airbag’s failure: Your lawyer will conduct a thorough investigation to determine if there is a defect in the airbag that led to your injuries.
- Filing a product liability claim: If a settlement cannot be reached, your lawyer will file a product liability lawsuit on your behalf.
- Negotiating or taking the case to trial: Your lawyer may try to negotiate a settlement before the trial. If a pre-trial settlement cannot be reached, your lawyer will present your case in trial.
Hire a Houston Defective Airbag Lawyer Who Will Fight for You
If you have been injured due to a faulty airbag, you need a product liability lawyer on your side. At Simmons and Fletcher, P.C., we’ve helped many survivors of product liability accidents caused by the negligence or carelessness of companies they thought they could trust. We believe our clients deserve to have their rights protected and be fully compensated for their injuries and the suffering the negligent company has caused them. Our defective airbag attorneys will fight for your rights. Call us for a free consultation at (713) 932-0777.
FAQ's
Can you sue for airbag injuries?
Yes, you can sue for injuries caused by a faulty airbag. Three parties may be held liable if you are injured in an accident as a result of a faulty airbag. The airbag manufacturer may be held liable for injuries or deaths that their product caused in an airbag manufacturer lawsuit. Additionally, the vehicle manufacturers who used the defective airbags in their vehicles may be held liable. Furthermore, dealerships or repair shops that failed to replace the faulty, recalled airbags may be held liable.
Under Texas law, the defective product liability doctrine holds manufacturers, distributors, and retailers responsible for damages or injuries due to a faulty product, regardless of fault. However, to sue one or more parties, you will need to prove that the airbag failed, that the failure caused or contributed to your injuries, and that your injuries would have been less serious or wouldn’t have happened if the airbag had worked properly.
What is a serious injury from an airbag?
Injuries caused by airbags can be very severe. Some of the most serious airbag injuries include skull fractures, cardiac contusions, spinal fractures, traumatic brain injuries, and fatal injuries. Additionally, airbags may cause injuries that the human eye may not be able to see, such as internal organ damage and herniated discs. Therefore, it is important that you visit your doctor as soon as possible following an accident where the airbags were deployed.
How much does a lawyer get from a car accident settlement in Texas?
In Texas, car accident lawyers do not take a set amount from a car accident settlement. Typically, Texas car accident lawyers work on a contingency fee basis. A contingency fee works by the lawyer fronting the costs of investigation and research, and you will only have to pay them if they win the case. The standard contingency fee, if your lawyer wins the case, is around 33 to 40 percent of the total settlement or award amount. Some lawyers may charge a higher percentage if the case requires litigation.
What is the average settlement for airbags not deploying?
Settlements vary depending on the severity of injuries, medical costs, lost wages, and the extent to which the airbag failure contributed to the injuries; therefore, there is no single average settlement for airbags that do not deploy than an airbag injury lawyer can give you.