3 Questions to Ask Before Determining if an Airbag Caused Injury or Wrongful Death
Although airbags are intended as a safety device, government documentation confirms they have caused significant trauma during vehicle accidents and are responsible for hundreds of wrongful deaths.
This shouldn’t come as a major surprise, given airbags deploy at speeds sometimes exceeding 200 mph. After experiencing an airbag deployment, many consumers say the airbag appeared to explode and compare the sound to a shotgun blast.
When questioning an airbag’s performance during a vehicle accident, you should analyze 3 critical questions before determining its role in contributing to serious injuries or wrongful death.
Question #1: Should the airbag have deployed?
Deployment depends on many factors, including your type of airbag. If it did not deploy and should have, you may have a “failure to deploy” or “non-deployment” case. In such a situation, the airbag would have deployed if the airbag crash sensor or other components had not failed.
One reason for deployment failure is a crash sensor malfunction due to faulty wiring that connects the crash sensor to the electronic control unit. Sometimes airbags don’t deploy because the car company did not conduct adequate crash tests when designing the airbag crash sensor.
In fact, many airbag systems sold to consumers were never tested in car-to-car crash tests, even though such crashes occur every day.
If the passenger airbag deployed, but the driver airbag did not deploy, the vehicle may contain a defective “clockspring” or coil. This electrical device installed in the steering column beneath the driver airbag transmits an electrical current to deploy the driver airbag. Reasons for a malfunction include design defects, inadequate testing, improper installation and improper adjustment.
In some cases, a passenger airbag will not deploy even though the driver airbag deployed and a passenger was sitting in the seat. This often occurs when a passenger presence detection sensor doesn’t work properly.
If the airbag deployed, but should not have deployed, you may have an “inadvertent” or unwarranted low-speed deployment. These can occur because of airbag sensor or other electrical defects.
Unfortunately, some manufacturers used inappropriate sensor combinations that are overly susceptible to low-speed, localized impacts, such as a vehicle striking a pothole or curb. Other sensor systems fail to detect crashes into a pole or tree. This may be the result of not having enough crash sensors due to excessive cost-cutting at the car companies.
Question #2: Did the airbag deploy late?
When an airbag opens late, impact occurs at a closer range. The extreme force can cause catastrophic injuries, even though late deployments often occur in minor accidents.
Late deployments can often be prevented using additional sensors and/or changes to the algorithms of electronic sensors. In some cases, the vehicle’s “black box” can confirm a late deployment took place.
Question #3: Did the airbag have specific crash safety features?
Crash safety features are added to airbags to reduce the risk of injury during deployment. These include items such as airbag inflators that inflate less forcefully, tethers that significantly reduce “bag slap” injuries, and vents that decrease pressure inside the airbag.
An investigation into these features is necessary to determine if manufacturing defects and quality control problems caused or contributed to your injuries.
In addition to crash safety features, the airbag system must also work together with the other parts of the car. For example, airbag crash sensors depend on the vehicle having a good structure or frame so the signal is received soon enough to avoid a late deployment.
Also, the instrument panel (I/P) or “dash” needs to be designed so that the knees and legs are not injured, while keeping the body properly positioned. And, when the airbag deploys, it must not create additional hazards for other components. For example, some passenger airbags are known to shatter the dash and send the pieces flying toward the passenger at high speeds.
You should get answers to these questions for any potentially defective front, side, curtain or rollover airbags. You deserve a safe and effective airbag during any type of a crash.
I own a nissan truck and the airbag went off while my son was driving it. He was making a U turn and it went off without hitting anything. It is a 1996 Nissan truck and in excellent shape. He hurt his arm.
An air bag should never deploy without an accident. However, some systems do exactly that, and deploy without any contact, while others deploy even when rocks strike the undercarriage or floor pan. Arm injuries are among the injuries most frequently caused by driver air bag deployment. This is because a driver’s hands need to be on the steering wheel, and the nearer the arms are to the air bag module that is within the steering wheel, the more likely they are to be injured by the force of deployment.
Is there an “expiration date” on airbags? My 1996 Jeep airbag did not deploy in a 2009 front-impact accident that was strong enough to fracture a vertebrae in my neck.
Airbags generally don’t have an “expiration date” from a technology standpoint, but there are several important related concepts. First, some (but not all) car companies require that the airbag systems in their cars be inspected after a certain number of years. For example, some vehicles indicate that their air bag systems should be inspected after 10 years. It doesn’t mean the system breaks down or is no good after 10 years, merely that it should be checked to make sure there are no problems. It’s a form of preventive maintenance, just to make sure everything is OK. If your car had such a requirement, it should be both in the owner’s manual and on a sticker in the car, often on the driver door frame. You can also call up the car company and just ask them.
Second, if you are considering a lawsuit, there are several important “expiration” dates to consider. One is the statute of limitations. Those vary from state to state, but the point is the same: you only have a limited time to bring a lawsuit. If you don’t file it by the time the statute requires, you generally lose the ability to ever bring the lawsuit. Simply put, if you delay, you can lose all your rights.
Another important law that exists in many states is the statute of repose. Those laws generally prohibit bringing a lawsuit if the vehicle is more than a certain number of years old. Not all states have such laws, and, for those that do, the time period varies from state to state.
I will be happy to discuss this further with you, and answer any other questions you may have; I do not charge for such a consultation. Please feel free to call me on my toll-free number, 1-888-834-5297. Thanks.
I own a 2006 Dodge stratus and was driving when the car infron of me slammed on his breaks. Seeing his break lights, I slammed on my breaks but it was too late and I had crashed into the rear end of his truck. Another car (from behind me) procedded to hit me. My bumper wasn’t torn up but the hood of my car got pushed up and it looks like the radiator was pushed back. The car was deemed undrivable. I must have been doing 60 or 65 when we hit and my airbags never went off.
We will contact you privately to discuss your specific accident, but here are some general observations. First, we receive a lot of questions from consumers about their airbags failing to deploy. In fact, that’s probably our number one safety defect in the lawsuits we are currently pursuing for victims of defective airbags. Currently, most of those cases involve Chrysler (Dodge, Plymouth, and Jeep) vehicles, and General Motors (Chevy, Buick, Cadillac, GMC) vehicles.
Second, the airbag defects causing these failures to deploy are various. If only the driver airbag failed to deploy, it could mean you have a defective clockspring installed under your driver airbag. If both the driver and passenger airbags don’t deploy, it could be due to defects in either the airbag crash sensors or the airbag control module. Many of those defective designs can be traced back to the lack of appropriate crash testing for real-world accidents.
Third, whether the airbag should have deployed in a particular accident will depend on the specifics of that accident, including the speeds involved, the angle of the crash, the amount of damage to the vehicle, and the extent of the injuries. The best way to review that is to send us photographs of your damaged vehicle and, if you have it, the police report. Then I can analyze those and offer you my opinion on whether the airbag should have deployed, and whether you may have an airbag lawsuit. Additional information about air bag deployment thresholds (when an air bag is required to go off) can be found on this page of my blog: http://www.theairbagblog.com/how-airbags-work/my-airbag-did-not-deploy-what-went-wrong/
We’ll also contact you privately for a no-cost consultation to provide you with more information, so you can make an informed decision.
My car (a 99′Ford Taurus) was hit by a car and the airbags did deploy and all kinds of what appeared to be smoke filled the car.
I have been an asthmatic in the past and immediately after the accident I was having bronchitis constantly and diagnosed with chronic pumonary disease. I believe it was a result of breathing in the particles from the airbags. Is that possible and are there any cases or research to support this?
Al – It is definitely possible that the byproducts of air bag inflation can cause significant respiratory issues, particularly in asthmatics. When I was designing air bags at General Motors, we actually conducted airbag deployments with volunteers sitting in the back seat. Those volunteers were monitored by numerous electronic devices, under the supervision of a medical doctor. Their reaction was very significant, with some volunteers unable to continue with the testing due to the severity of the reaction. Some of these evaluations were published only within GM, while others were published in the scientific literature.
This reaction occurs because the by-products of air bag inflation include gases and particulates that commonly cause reactions in people. For example, some of the byproducts actually include substances such as benzene, toluene and sodium hydroxide. The Society of Automotive Engineers has actually published procedures on how to test for them.
Because we have had several recent inquiries about this, I will create another post soon that discusses these types of injuries from air bag deployment. In the mean time, I have posted some related information in the article about air bag inflators: http://www.theairbagblog.com/how-airbags-work/airbag-inflators-how-they-work/
According to your comments, “if the airbag deployed, but should not have deployed, you may have an “inadvertent” or unwarranted low-speed deployment.” You go on to say that “some manufacturers used inappropriate sensor combinations that are overly susceptible to low-speed, localized impacts, such as a vehicle striking a pothole or curb” and that “these can occur because of airbag sensor or other electrical defects.” So, if a passenger is injured by the airbag deploying when sliding into a curb at a low, in town speed during rain, who is at fault and who should pay for those injuries? In particular, what is the legal precident if the driver is sued for pain and suffering?
Bex,
The specifics will depend on the laws of the state in which the accident happened. Generally, however, a person who negligently caused an accident is liable for any injuries resulting from that accident. If a state has no-fault, there may be some additional requirements (for example, serious injury or permanent injury thresholds) before they can sue the driver for pain and suffering. That state’s laws may also impose additional requirements before a lawsuit may be brought.
If the injuries to the passenger were caused by air bag deployment when it should not have occured, the driver may be able to bring in the manufacturer of the vehicle (and potentially the supplier of the defective air bag system component) into the lawsuit to take some of the blame. Similarly, the passenger may also be able to sue the vehicle and component manufacturer directly for any injuries caused by the defect. Ultimately, the jury (or judge) will decide who was at fault, and the laws of the state will dictate how the liability will be apportioned among the responsible parties.
My stepson was killed when my 2005 Prius went off the road, rolled a couple of times. The front end rear bumpers were torn off, the front end was pushed in but the airbag on the steering wheel never fired.
The side air bags did.
This accident happened just the otherday and I am concerned about this since I believe the crash was survivable had the front airbag held him in.
He is survived by a wife and a young teenage daughter.
I recently ran over the equivelent of a curb which resulted in some minor rim damage. Unfortunately both side airbags deployed. The driver side one bruised me up. It is a high-end sports car so I’m pressuming the replacement/repair costs will be expensive. Is this worth the effort to take up with manufacturer since I dont think side air bags should deploy from curb strike(?)
This is an excellent question that many people have asked. In most cases, it is difficult to litigate such issues unless your state law provides the right to be reimbursed for attorney fees if you are successful. For example, it would not be fair to you to spend $10,000 to litigate this case, if the repairs are $5,000. However, in some instances, your insurance company may cover the damage caused by striking the curb, including the resulting deployment of the airbags. Then, your insurance company can decide whether to pursue reimbursement from the manufacturer for the cost of repairs. If that does not work, sometimes contacting a manufacturer directly will result in them agreeing to cover at least part of the cost to repair; however, in my experience, this is becoming less common, particularly where there is significant damage to the underbody or components beneath the car.
In cases such as this, please be sure to keep your car in its un-repaired, post-accident condition for use as potential evidence in your case.
I have a 2007 Chevrolet Suburban that I just bought less than 30 days ago. Two days ago while in Park my daughter jumped in the back seat and when she closed the door the side airbags went off. I filed a claim with GM but I am wondering if I should pursue a law suit.
Assuming the air bag system is in the same condition it was in when it was manufactured by General Motors, it sure sounds like you have a clear defect causing an inadvertent deployment. Whether you have a lawsuit will depend on several factors. Since there was no mention of injuries, I will assume the air bag deployment did not cause any injuries; if it did, the analysis will be slightly different.
First and foremost is the issue of GM’s recent bankruptcy filing and how it affects lawsuits. If the deployment occurred prior to General Motors filing for bankruptcy (June 1, 2009), then you are likely in a legal limbo right now. Most people don’t realize that any pending lawsuits that were filed (or could have been filed) before GM’s bankruptcy filing were brought to a screeching halt.
Bankruptcy sometimes “wipes away” such claims, but negotiations are currently going on to help preserve consumers’ rights under their warranties and the lemon laws. If your Suburban is still under warranty, you may try calling a local dealer and see if they are willing to repair it under warranty. If they won’t, you can try contacting your insurance company, but they probably won’t cover it if there was no accident. Then you are stuck with two very poor choices: waiting until GM’s bankruptcy plays out (expected to take up to 90 days) and parking the vehicle in its unrepaired condition until then, or paying for the repairs yourself and then later seeking reimbursement if allowed by the bankruptcy proceedings.
In certain cases, such as where an air bag defect caused a significant injury, there may be other options available to seek justice.
Please feel free to call me on our toll-free number (1-888-834-5297) for more information.
I was in a car accident four years ago. A vehicle pulled out in front of me and stopped in the middle of the road. I tried to stop but was unable and hit him going about 40mph. I gripped the steering wheel as tight as I could and braced myself. The airbag did deploy. My injuries were considered minor and I was sent home from the hospital with pain killers. I am still in constant pain in both wrists, and both feel very weak. My palms and thumbs have a constant burning sensation and are EXTREMELY sensitive to any touch. I think the airbag may be part of the cause for this pain. Have you ever heard of such and injury? My xrays are normal. PLEASE tell me you have some answer….I am desperate
I have heard of your symptoms before when people have had a “death grip” on the steering wheel just before an accident in which the air bag deployed, apparently due to nerve damage. I hope that your doctors can help you out, especially with how long you’ve suffered.
However, if it happened four years ago, your incident may not be well-suited to an air bag case. First, you need to make sure the statute of limitations has not run out in your state. You MUST bring any lawsuit before the statute of limitation expires, or your claims are generally forever blocked. Also, it’s extremely difficult to bring such a lawsuit if the vehicle has not been preserved in its unrepaired post-accident condition.
On Aug 20 this year I swerved to miss someone who pulled out in front of me, swerving again to miss a telephone pole thus taking out a stop sign and hitting two parked cars at 45-50mph. I was driving a 2004 ford freestar. My air bag deployed but not passenger where my daughter was sitting. She hit her head on the dash and has pain in ribs. Just concerned if there was a defect in her air bag. We both have whiplash and I am bruised very bad since I am short and was sitting closer to the dash than her.
i have a 2001 ford focus and some did a hit and run to my car and the airbags deployed. why would the airbags deploy if my car was off?
Paul – thanks for your note. There are some vehicle models that have the air bag circuit electrically energized even when the key is not in the “on” or “run” position, specifically including certain Ford models. In those vehicles, it is possible for the air bag to deploy even if the vehicle is parked, as long as the crash forces or accelerations meet the criteria for the air bag sensor. Ford calls their air bag sensor control unit the RCM – Restraints Control Module. This is not true of all vehicle, but only certain ones, apparently including your 2001 Ford Focus. Although the specific requirements will depend on your insurance policy and the laws of your state, many insurance companies would cover the cost of repair, including the cost to replace the air bags. If you believe the air bags should not have deployed, I recommend you file a complaint with the federal government – please see my article entitled “How to Report an Airbag Complaint to the Government”.