Crash test dummies representing a 95th percentile adult male have been available for crash testing for more than 20 years. Injury criteria for this crash test dummy were developed by the industry decades ago. Unfortunately, our experience in air bag lawsuits has revealed that some car companies failed to conduct any crash testing with these crash test dummies. Some have claimed that they could not conduct such testing because the government did not incorporate the injury criteria into federal regulations at that time. This argument is completely unpersuasive.

First, the federal regulations are minimum standards, and do not represent the state-of-the-art. A manufacturer has always been free to exceed those standards, and could therefore have conducted such testing. Second, the injury criteria were published within the automotive industry, and the car companies could have utilized those published criteria to evaluate the risk of injury to large stature occupants. Third, if a particular car company disagreed with the published injury criteria, it could have developed its own standards. It is telling that those companies who claim that the injury criteria were not “validated” are the ones who never even tried to evaluate or validate them. Fourth, significant information about crash test dummy kinematics (the motion of the crash test dummy during a crash) could be obtained even if the injury measurements were not made.

In my opinion, the car companies who try to justify their failure to use these large size crash test dummies are merely engaging in a junk science post-hoc rationalization of their failure to comply with industry standards.

Those car companies who failed to conduct appropriate testing with a reasonably foreseeable range of occupant sizes were negligent and reckless. In my opinion, this failure to test was often the result of putting profits ahead of safety. It costs money to conduct this testing. A prototype of an all-new vehicle line can cost as much as $500,000, with the actual test cost adding to the total; this provides an incentive for car companies to skip such testing. If the testing reveals a problem (such as contact of the occupant’s forehead with the windshield header, or a risk of neck injury), it can cost many millions of dollars to fix the problem. Those companies who fail to conduct appropriate testing create an unfair advantage by saving millions of dollars compared to those who do the right thing and conduct all appropriate testing to ensure their air bag systems work appropriately.

If you believe a car company cut corners in designing your air bag system and caused you to be injured in an accident, please feel free to call us toll-free at 1-888-834-5297 for a n0-charge consultation with an air bag lawyer and former air bag engineer / expert witness.

AIR BAG DEPLOYMENT THRESHOLDS

Conventional air bags are generally designed to deploy in certain frontal crashes above the thresholds selected by the manufacturer.  Unfortunately, the consumer often cannot determine the thresholds for their car, as they vary widely between manufacturers, and even vary among different models from the same manufacturer.  However, there are some general guidelines that are helpful for consumers.

Although there were some variations, most frontal air bags from the 1990s were designed to deploy in crashes above a threshold level of 14 mph into a solid concrete barrier.  At the same time, most air bag systems were also designed to never deploy in crashes below 8 mph into a solid concrete barrier.  Between these two speeds, the air bags may or may not deploy, depending on the specifics of the accident and vehicle.

Airbag Deployment Threshold

The bottom line is this: airbag should always deploy in every crash where they are likely to prevent serious personal injury or a wrongful death.  If your crash severity exceeds the car company’s thresholds, and yet your air bags did not deploy, you may well have a defect in your vehicle’s air bag system.

CRASHES WHERE THE AIR BAG SHOULD DEPLOY

Your air bags should deploy in every crash where they will help prevent your injuries.  This means that your air bag should deploy in those crashes where you would otherwise suffer injuries of the type that the air bag is designed to prevent: head, neck, and chest injuries.  For example, your frontal air bag should deploy in an accident where your head would otherwise be injured from hitting your steering wheel.  Shown here is an example of an accident vehicle in which the air bags should have deployed.

Ford Airbag Failed to Deploy

Although frontal air bags are generally not designed to deploy in side impacts or rollovers, in some cases they should deploy in those kinds of crashes.  That is because some side impacts or rollovers also cause front-to-back deceleration that causes you to move forward inside your vehicle.  One example would be if you were driving at highway speed and were hit on the side of your car: in addition to crushing in the side of the car, your car would also slow down its forward motion rapidly, which could be enough to deploy your frontal air bags.  Similarly, frontal air bags should generally not deploy in rear impacts; however, if you are hit from behind and pushed into a car in front of you, that second impact to your car’s front end may justify deployment of your air bags.

For side impact air bags, they should generally deploy on the side of the car experiencing the side impact.  Similarly, rollover “curtain” air bags should deploy when the vehicle experiences a rollover, to help prevent head and neck injuries and to reduce the risk of being ejected through an open or shattered window.
     
Examples of crashes where air bag deployment would be expected include moderate to severe crashes involving your front bumper or the front corners of your vehicle, frontal impacts to a utility or telephone pole, and under-ride impacts where the front of your car goes under the side or back of a truck.

CRASHES WHERE THE AIR BAG SHOULD NOT DEPLOY

Your air bags should not deploy in those accidents where they will not prevent your injuries.  After all, air bags can deploy at speeds of more than 200 mph, and you should not be exposed to those kinds of forces if it won’t help you.  Thus, your frontal air bags should not deploy in side impacts, rear impacts and rollovers where there is no significant deceleration from front to back.  Other examples of crashes where your frontal air bags should not generally deploy include:

• Minor frontal crashes
• Most impacts to the undercarriage of the vehicle, such as when crossing a railroad, unless they would result in serious personal injury
• Impacts with animals such as deer or dogs
• Impacts with street curbs or parking blocks
• Driving on rough roads, including those with large potholes, gravel or bumps

Of course, your air bags should never deploy when your vehicle is not in an accident.  Although this seems obvious, there are actually many cases where this has occurred, often due to poor design of the air bag system software, or due to electrical issues with the air bag system.

WHY YOUR AIR BAG DID NOT DEPLOY

There are several reasons why your air bag may not have deployed during a crash.  The first reason is that perhaps your crash is not the type of accident where air bag deployment would be helpful.  For frontal air bags, this includes many, but not all, side impacts, rear impacts and rollovers.  This category also includes minor accidents in which the driver and front passenger (if there was one) did not suffer any significant injuries requiring medical treatment.

The second reason is that there could be a defect that prevented the crash sensors from detecting the crash properly.  Our investigation and analysis of air bag systems in hundreds and hundreds of crashes has revealed numerous causes that fall within this category.  In some cases, the air bag deployment threshold is simply not set appropriately, often due to inadequate testing.  In other cases, a flaw in the software of the air bag control module has caused it to ignore the data from one of the crash sensors.  In still other cases, there are simply too few sensors to properly detect real-world crashes; this often results from overly zealous cost-reduction efforts by car companies that are trying to improve their finances.  In a few cases, quality control efforts have failed to prevent defective sensors or air bag control modules from reaching the public.

2002 Buick Century: Fatal Non-Deployment

The third reason is that there could be a defect that prevented the deployment signal from reaching the air bag modules and deploying them.  Here, the problem usually lies with the electrical components and wiring between the crash sensors, control module and the air bag modules.  The most frequent defect in this category that we see is when the driver air bag fails to deploy, but the passenger air bag does deploy.  In many cases, this is due to a defective clockspring located in the steering column.  Millions of defective clocksprings have been recalled, generally due to poor quality control at either the supplier’s production plant or the car company’s assembly plant.

Airbag Clockspring

Ford Airbag Sensor Cut Wire

The fourth reason is that there could be a defect that prevented the actual air bag modules from deploying correctly.  In a few cases, the crash sensors and air bag control modules have commanded deployment of the air bags, but the air bags failed to respond.  This is almost always due to defects within the air bag modules themselves, usually due to poor quality control.

Although each vehicle and each accident is different, I can help you determine whether the air bags in your car should have deployed in your accident.  As an air bag attorney, as a former air bag engineer for General Motors, and as a court-recognized air bag expert witness, I have over 20 years of experience in analyzing air bag system performance.  If your air bag system is defective and you have a case, I would be honored to pursue justice for you.

Here’s an actual incident that explains why:

A young man was driving a 2003 Mitsubishi Eclipse in a rural area. Because of the setting sun, his passenger had her sun visor down to shield her eyes.

As the car turned slowly into a Little League parking lot, its left front wheel struck a small post in the center of the driveway that was obscured by dust kicked up by other cars. Despite the low speed and the lack of any damage to the front bumper or front end, the airbags deployed.

As the passenger airbag deployed, it slammed into the passenger’s sun visor (sun shade), smashing it apart and sending pieces flying. As a result, our client was hit in the face and blinded in one eye.

The force from the deploying airbag was so strong it ripped a jagged metal insert from inside the sun visor through the visor’s plastic shell. The force was also strong enough to shatter the vanity mirror that was part of the sun visor.

What Our Airbag Tests Revealed

During our 2003 Mitsubishi Eclipse testing at an independent airbag test facility, we used real-time video cameras and sophisticated high-speed cameras. This testing video allowed us to capture the passenger airbag/sun visor interaction and clearly document how an airbag rips the sun visor off its attachments.

In every one of our tests, the passenger airbag smashed into the sun visor, ripped it off its attachments, and sent pieces flying through the cabin of the car, where it could pose a danger to the passengers.

Although this accident and our testing involved a 2003 Mitsubishi Eclipse, other cars present similar risks. For example, our investigation revealed the following vehicles sold in the United States all use the same or substantially similar passenger airbags and passenger sun visors as the ones we tested:

• 2000, 2001, 2002, 2003, 2004, and 2005 Mitsubishi Eclipse
• 2001, 2002, 2003, 2004 and 2005 Mitsubishi Eclipse Spyder
• 2001, 2002, 2003, 2004 and 2005 Dodge Stratus
• 2001, 2002, 2003, 2004 and 2005 Chrysler Sebring

Although other cars may use different airbags or different sun visors, you aren’t necessarily free from danger. For example, some vehicles may also have a passenger airbag that deploys upward, along the windshield, and that can strike a sun visor that is being used. At the same time, some other vehicles may have sun visors that are not specifically designed to stay together after being hit by an airbag.

Even if a side airbag is installed, it doesn’t always function properly.  When a side airbag doesn’t deploy during a side impact crash, the cause is often defective crash sensor placement or software algorithms in electronic sensors that don’t detect the crash severity.

These problems can stem from negligent testing programs that don’t address real-world crashes into poles and trees, even where they should have protected the consumer.

Some side airbags hang up on the seat or trim panels, causing them to deploy incompletely or improperly.  Also, a few side airbag systems were defectively designed to be so forceful they can unnecessarily inflict serious or even fatal injuries when they inflate.  Such “aggressive” side airbags are particularly dangerous for children and infants.

These defects can cause severe personal injuries, including head trauma; traumatic brain injuries (TBI); skull fractures; facial injuries; spinal cord injuries; cervical spine fractures or dislocations; paralysis (paraplegia, quadraplegia); arm and hand injuries, including traumatic amputation; chest injuries; flail chest; heart injuries; pelvic injuries; bone fractures/orthopedic injuries; as well as numerous other injuries.

In some cases, defects in your side airbags can cause wrongful death.