Should I sue the driver and or the vehicle manufacturer for the liability coverage? 20 Answers as of September 01, 2015

I was the passenger in a 2012 vehicle (which has at least 6 airbags) and the driver only has liability coverage. He was speeding and lost control of his vehicle at which he then hit a mobile home. The airbags did not deploy at all. I suffered over seven major fractures in my face along with a torn right socket. My right side of my face is still numb. I needed surgery to repair my eye socket and my facial fractures. Is this a product liability suit?

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Durham Jones & Pinegar | Erven Nelson
You definitely have a liability suit against the driver, and should pursue it. Just because air bags did not deploy does not necessarily mean that you have a good product liability suit. You would need an expert to analyze whether the airbags should have deployed.
Answer Applies to: Nevada
Replied: 9/1/2015
Gates' Law, PLLC | Thomas E. Gates
Not necessarily. The driver is the one to go after.
Answer Applies to: Washington
Replied: 8/5/2015
Candiano Law Office
Candiano Law Office | Charles J. Candiano
You were a passenger so you are covered under the driver's liability policy. They will surrender the policy limits. On your facts, you will never get any money so why not hire an experienced PI attorney to handle all of the medical liens.
Answer Applies to: Illinois
Replied: 8/5/2015
End, Hierseman & Crain, LLC | J. Michael End
You might have a case, depending on all of the facts. Did you have an automobile insurance policy with underinsured motorist coverage? If you did, and if the coverage was more than the liability coverage the driver of the car had, you might get additional compensation from your own insurer.
Answer Applies to: Wisconsin
Replied: 8/5/2015
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
Could be. You need to see an experienced product liability lawyer ASAP. Most of the time with this kind of a question, we explain that air bags deploy only in certain kinds of situations, and that there needs to be a major injury in order to justify the time and expense involved. In your situation, there actually may be something to go on.
Answer Applies to: New York
Replied: 8/5/2015
    The Law Offices of Russell Gregory, P.C.
    The Law Offices of Russell Gregory, P.C. | Russell Gregory
    Quite possibly. Product liability has been severely curtailed in Michigan. But, there are still instances in which cases can be pursued. Also, there's class action, whereby you could be part of a class that sues, and you're not impeded by Michigan law. The facts of your case would have to be fully discussed, to see if it can be pursued. It's certainly worth the time.
    Answer Applies to: Michigan
    Replied: 8/5/2015
    Robinette Legal Group, PLLC
    Robinette Legal Group, PLLC | Jeffery Robinette
    This could be a liability suit. The data recorder from the vehicle can be evaluated to determine if the airbags should have deployed. As you may know, many defective airbags have been recalled recently, and even some of the replacement airbags have been recalled. Our firm uses an independent expert in crash reconstruction to determine crash worthiness of the vehicle and product function or malfunction. If you have underinsured motorist coverage on your own vehicle, that may produce some additional compensation for you. Talk to a National Board Certified, Super Lawyer rated car accident insurance disputes attorney as soon as possible for help in navigating through this process and help in obtaining every source of compensation that you need and deserve. Best wishes for your best recovery.
    Answer Applies to: West Virginia
    Replied: 8/5/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    It certainly could be. Consult an experienced personal injury lawyer very soon. Each state has statutes of limitation which require you to file a legal action within a set time.
    Answer Applies to: Wisconsin
    Replied: 8/4/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    If you can prove the driver was wanton or grossly negligent, you can sue the driver and get around the guest passenger statute that basically says you can't sue the driver for mere negligence. You may also have a products case as well. Consider consulting an experienced injury lawyer.
    Answer Applies to: Alabama
    Replied: 8/4/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Answer Applies to: California
    Replied: 8/4/2015
    Ankerholz and Smith
    Ankerholz and Smith | Rian F. Ankerholz
    Airbags are designed to go off under a certain set of conditions. Not every collision will trigger them. You have had serious injuries, and other insurance coverages may provide you with more compensation. Consult an experienced personal injury lawyer without delay, as time limitations apply. We are here to help.
    Answer Applies to: Kansas
    Replied: 8/4/2015
    Ty Wilson Law | Ty Wilson
    You want to speak with a Products Liability attorney and ask if your case meets the merits for them to pursue the manufacturer. These cases are very expensive and you may have the damages to make it a case worth pursuing, however you will want to speak with them soon!
    Answer Applies to: Georgia
    Replied: 8/4/2015
    Boesen Law, LLC
    Boesen Law, LLC | Jon C. Boesen
    You have a claim against the driver for his negligence and may very possibly have a claim against the automobile manufacturer if it can be shown that the airbags should have deployed and failed to do so and that their deployment would have likely resulted in less severe injuries to yourself. Experts would likely need to be retained to investigate and determine why the airbags did not deploy........ If you have not already done so, you need to contact an experienced personal injury firm to consult with on your claims and determine how best to pursue and obtain compensation for your injuries and losses.
    Answer Applies to: Colorado
    Replied: 8/4/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    You will need an expert to determine if the air bag should have deployed and to what extent it would have reduced your injury. If the driver has adequate coverage it will be simplest to go that route only. If there is insufficient coverage you should consider going after the manufacturer.
    Answer Applies to: Connecticut
    Replied: 8/4/2015
    Stephens Gourley & Bywater | David A. Stephens
    Yes it is.
    Answer Applies to: Nevada
    Replied: 8/4/2015
    Walpole Law | Robert J. Walpole
    Yes, this would be considered a defective product and is the proximate cause of your injuries. So, yes, sue the manufacturer.
    Answer Applies to: Oklahoma
    Replied: 8/4/2015
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    It could be one. You should consult with a products liability attorney right away.
    Answer Applies to: New York
    Replied: 8/4/2015
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