One day, you were driving with your loved one in the passenger seat and you got into a car crash. You expected the airbags to go off but they didn’t, leading to you and your loved one getting injured and having to go to the hospital. Or, in another scenario, maybe your airbags went off but not in the proper way, and now you are facing a minor to serious injury.
Airbags exist in order to save lives and protect us from getting injured. Usually, they work, but sometimes they are defective and can cause harm. Recently, for instance, tens of millions of cars with Takata airbags were under recall because when exposed to high humidity and heat, these airbags tended to explode when they go off. Pretty much every car manufacturer has been affected, including Honda, Ford, Nissan, Toyota, BMW and Subaru.
According to the National Highway Traffic Safety Administration, 16 people in the U.S. were killed when their defective Takata airbags exploded, and at least 250 people have been allegedly injured.
If you have been injured by an airbag that didn’t go off or went off improperly, don’t worry: You can sue the airbag manufacturer or another party who may be responsible for your injury.
The Common Types of Airbag Injuries
Airbags are placed all around your car in order to protect you. You may have seat-mounted curtain airbags, curtain shield airbags, rear knee airbags, head side-impact airbags and center airbags.
There are many types of airbag injuries that can occur if it doesn’t go off properly. They include: Heart muscle rupture, Abrasions to the upper part of your body, Eye injuries, Internal bleeding, Asthma attacks, Fetal injury if a woman is pregnant, Sprained fingers, Wrist injuries, Burns to the chest, hands and arms, Contusions, Hearing loss, Lacerations to the spleen, heart, liver, brain stem and lungs and Concussions and brain bruising and swelling.
Injuries may be minor and only require a few trips to the doctor or they could warrant medication, surgery and lifelong treatment totaling thousands of dollars. You never know the extent of your injuries up front, and have to see how they play out with the proper treatment. They could always get worse overtime unfortunately.
What to Do if an Airbag Injures You
If an airbag deploys and injures you or it doesn’t deploy at all and you get into a car crash, then the first thing you need to do is call 911 and file a police report. If you’re not too injured, you should also take pictures of the scene of the accident and, of course, get the other driver’s information if another party was involved. You’ll need their insurance information and contact information for witnesses that were around as well.
You’ll then need to go to the hospital. You have to get to the hospital immediately because otherwise, it’ll look like you didn’t take your injuries seriously or you weren’t really injured. Plus, for the sake of your health, you need to know what’s happening with your injuries, even if you don’t feel any pain. You may be dealing with internal injuries and not even know it; they could always manifest themselves down the line.
Once at the hospital, you need to undergo a full medical examination and take tests that your doctor orders to ensure that you’re OK. If you’re not, you might have to take prescription pills, get surgery or return to the doctor on a regular basis in order to fully heal. You should undergo treatment as long as it takes until you feel better and your doctor gives you permission to stop coming.
Be aware that you might have to go to your primary care doctor, a physical therapist, a chiropractor, a massage therapist or another type of specialist for your injury. You may also have to take time off work for your treatment. You’ll need to keep every single record and bill from your doctors’ visits.
Calling a personal injury attorney throughout this process will help you get the compensation you deserve from your defective airbag.
How a Personal Injury Attorney Can Help
A personal injury attorney can determine who was responsible for your defective airbag and pursue legal action against them. For instance, you may be able to sue the airbag provider as well as the car manufacturer by initiating a product liability lawsuit. If another driver was responsible for the car crash you got into in the first place, then an attorney will also be able to start a personal injury claim against the driver as well.
Your lawyer will need to investigate exactly what was wrong with the airbag to determine who exactly was responsible for your injury. For instance, perhaps it was never installed correctly; the car manufacturer would be at fault. Your lawyer could discover that your airbag was part of a recall class action lawsuit, which could serve as evidence that your airbag itself was indeed defective. Your lawyer will have to prove that your defective airbag caused you to become injured. Even if your airbag was never recalled, you have the right to start a lawsuit against the airbag company and any other involved parties.
If you get a settlement from your defective airbag lawsuit, then it could cover your medical bills, lost income, your lost earning capacity, damage to your personal items and pain and suffering. A lawyer will be able to advise you on what kinds of damages you should seek.
Contact a Personal Injury Attorney
When you get in touch with a personal injury attorney, they will review your case and let you know if they can effectively represent you. Then, they will start to pull together evidence that the defective airbag was responsible for your injuries. They’ll also gather any witness statements you have, your medical records and your police records to show that you were in the accident and suffered from it. With their help, you can get the compensation you deserve.
If you a defective airbag hurt you, find out how a personal injury attorney can help you by contacting the Atlanta Personal Injury Lawyer Winston Briggs today.