Can I sue the manufacture for my airbags not deflating and sustained skull neck and back injuries due to this? 15 Answers as of May 08, 2013I sustained skull back and neck injuries by avoiding hitting an vehicle that chose to go around the city bus without looking to see if ongoing traffic was coming and ran into a light pole while going at least 40mph on impact. The car hood was bent in the radiator bust and god knows what else to say the worst with my seat belt on my head manage to crack. The windshield chest hit the stirring wheel pretty hard sounds like the typical wreck besides the fact my airbags didn’t deflate to protect me from fracturing my head on the windshield. I have made a claim against ford and checked for recalls on my vehicle and there was none. I'm now seeking legal advice since the wreck my neck and back has got worst and my headaches are constant.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
You are doing the right thing by seeking counsel. Airbags often don't work. The burden will be on you to prove they did not work and why they did not work, you will probably need an engineer as an expert witness. Might depend on what your warranty says, the age of the car, whether damaged before, whether tampered with before. I am curious. Hit a lamp pole at impact speed of 40. That means you must have been driving much faster beforehand. Why were you driving so fast on a public street? The insurance co will notice this no doubt and ask the same question. they will be looking to place some of the blame on you and if so denying your claim. I assume you have been in touch with the liability carrier of the idiot who passed the school bus as well. you should of course.
Answer Applies to: North Carolina
Andrew T. Velonis, P.C. | Andrew Velonis
Airbag cases are difficult and expensive. Insurance companies will not settle easily, if at all. You will need to have an expert witness, accident reconstruction and a lawyer who is experienced in airbag cases. From what you have said, it is difficult to understand how you think that the failure of the airbag to deflate caused your head injuries. One would think that any head injuries would have been incurred in the impact. Unless your injuries are catastrophic, it may not be possible to go forward as a logistical matter, regardless of legalities
Answer Applies to: New York
Law Offices of Stanley S. Lopata | Stan Lopata
The guy who ran into your car is propbaby responsible for the accident. His insurance is primarily responsible for your medical expenses, your loss of income and your pain and suffering. If he does not have insurance then your own uninsured motorist protection should kick in. You should discuss this action with a personal injury attorney. Suing Ford and its subcontractors who made the air bags is a very expensive and time consuming matter.
Answer Applies to: California
James E. Hasser, Jr. P.C. | Jim Hasser
It depends on whether the air bags were designed to go off for the type impact you had. If you have serious permanent injuries, it may be worth the time and money to bring suit. Talk with a lawyer familiar with products liability law, particularly one that has sued car manufacturers before.
Answer Applies to: Alabama
Napier, Coury & Baillie, P.C. | Lindsay Leavitt
Before going after Ford and the airbag manufacturer, you should think about pursuing claims against the negligent driver and your own insurance carrier. Did the negligent driver stop? Did you exchange information? If so, you could likely pursue a personal injury claim against him/her. If the negligent driver did not stop, and you have no way of locating him/her, you should pursue a claim under your UM coverage. The Arizona Supreme Court has ruled that unidentified accident-causing drivers are deemed uninsured by law. Therefore, your insurance carrier must treat that accident as if the other driver was uninsured. This triggers UM coverage you have, if any. You should contact a personal injury attorney immediately to explore your options before pursuing Ford and the airbag manufacturer.
Answer Applies to: Arizona
Conway Law Pllc. | B. L. Conway
Well it is possible you have a claim against the manufacturer, but it will be expensive to prosecute. You have to prove that the Air Bag system was either defectively designed or manufactured. That requires the use of experts which is expensive. You must also preserve the evidence for examination by both Your expert and the defense expert. The easier claim is against the driver that caused the accident. No expert is required for that case.
Answer Applies to: Virginia
Candiano Law Office | Charles J. Candiano
Technically, yes. In reality, no. Unless you want to spend between $250,000 and $400,000 to prosecute the case, yourself (which I do not recommend), you simply would not be able to properly prepare such a case for trial. Remember, you are going to be suing someone like the Ford Motor Company, Toyota, or BMW, any one of which has an army of attorneys and virtually unlimited resources to defend the case. As badly as you may have been injured, your injuries, as described, would only justify a verdict that would be a small fraction of these costs. And that assumes that this is a relatively new vehicle and that you are the first owner and that it has never been modified or in an accident. Your best bet is to retain an experienced personal injury attorney to bring suit against the at fault driver and, if warranted, an under insurance claim against your own policy.
Answer Applies to: Illinois