Airbags are an essential safety feature in modern vehicles designed to protect passengers in case of a collision. While airbags may save many lives, they can also be defective, leading to serious injuries or even death. In Ohio, if you were involved in an accident where a defective airbag caused your injury, you may be able to take legal action against the automaker or the airbag manufacturer. This article will explore the causes of defective airbags, what actions you can take, and how an Ohio personal injury attorney can help.
Table of Contents
Causes of Defective Airbags
Airbags can be defective due to several reasons, including manufacturing errors and design flaws. Usually, airbag defects can be classified into two categories: deployment-related defects and non-deployment-related defects.
Deployment-related Defects
Deployment-related defects occur when airbags deploy when there is no collision or fail to deploy when there is a crash. For example, a defective airbag may deploy too early, too late, or with too much force, causing serious head injuries and spinal cord injuries.
Non-deployment-related Defects
Non-deployment-related defects occur when the airbag fails to perform correctly, leading to injuries or death. These defects can manifest in various ways, including airbag sensor failure, electrical and wiring issues, and faulty mounting brackets.
What to Do if Your Injury was Caused by a Defective Airbag
If your injury was caused by a defective airbag, you should take the following steps:
Seek Medical Attention
The most important step is to seek medical attention right away, even if you don’t feel any immediate symptoms. Often, symptoms of an airbag injury may show up later. Additionally, seeking medical attention establishes a record of your injuries, which may be used as evidence in a lawsuit.
Collect Evidence
Collect all possible evidence related to your accident and injury, including photos of the damage, statements from witnesses, and medical records. If possible, keep the damaged vehicle in its current state as it may be needed for examination in a lawsuit.
Consult an Ohio Personal Injury Attorney
A skilled personal injury attorney familiar with Ohio’s personal injury laws can evaluate your case’s circumstances and help you determine if you have a claim. They will guide you through every step of the legal process, including filing a lawsuit, negotiating with insurance companies, and advocating for you in court.
Who Can You Hold Liable for a Defective Airbag?
If you were injured due to a defective airbag, several parties potentially hold liability. The potential defendants include:
Automaker
The automaker can be held liable if a design or manufacturing defect occurs from the factory. Additionally, if there was a recall that was not adequately addressed, the automaker may be held responsible for any injuries that resulted.
Airbag Manufacturer
Airbag manufacturers can be held liable for defects that led to injury. They may be responsible for the airbag’s design, manufacturing, or assembly.
Dealership
If the dealership knew about a defective airbag and sold you the car anyways, they may be held liable for any injuries caused by the defect.
Compensation You May Receive
If you sue for injuries from a defective airbag, you may receive compensation for the following:
Medical Costs
You may receive payment for any medical costs related to your injury, including past and future medical bills.
Lost Wages
If your injury caused you to miss work, you could receive compensation for lost wages.
Pain and Suffering
You may receive compensation for your pain, suffering, and mental anguish caused by your injury.
Punitive Damages
Punitive damages are awarded to punish the defendant for their actions and deter similar behavior in the future.
How an Ohio Personal Injury Attorney Can Help
A personal injury attorney in Ohio can help you in several ways, including:
Gathering Evidence
Experienced attorneys know how to collect, preserve, and analyze critical evidence to build a strong case.
Negotiating with Insurance Companies
An attorney can negotiate with insurance companies to help you receive a fair settlement that compensates for all your damages.
Representing You in Court
If your case goes to trial, an attorney can represent you, advocate for you, and fight to get you the compensation you deserve.
Conclusion
If your injury was caused by a defective airbag, you must act quickly and seek medical attention and speak to an Ohio personal injury attorney. With their help, you may be able to receive compensation for your injuries and recover financially and physically from your accident.