Faulty airbag?

Asked about 4 years ago - Garden Grove, CA

I was involved in a frontal collision at about 50mph upon impact. I was at fault. The seatbelt didn't lock nor did the airbags deploy. I suffered some pretty significant injuries. Severe whiplash, bruised sternum, bruised lung and muscle and tissue damage to my shoulder and forearm from hitting the steering wheel. The entire front end of my vehicle is smashed in to where it looks half the size it was. The car is a total loss. As I was careening forward I remember thinking where is my airbag? I contacted the vehicle manufacturer and they were very rude while taking my information. How can I find out if the airbags were faulty and if they were can I get compensation?

Attorney answers (3)

  1. Steven Alan Fink

    Contributor Level 20

    Answered . You need a dealer or auto mechanic to examine the airbags, determine why they did not deploy, and document the condition. You also need a good personal injury attorney in Orange County. You might call Evan Burge, 949-202-9720

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

  2. Steven Mark Sweat

    Pro

    Contributor Level 19

    Answered . You would need to have an expert examine the airbags prior to the car being totaled and disposed. Once the evidence is destroyed, this will be an almost impossible case to prove re: airbag product defects.

    NOTE: Nothing in this communication should be construed as creating an attorney-client relationship. Attorney will take no action on the matter unless and until respondent signs a written retainer agreement for services. If attorney is not retained, attorney advises to consult with and retain other counsel immediately to avoid complete bar to recovery by not filing proper claims timely. Attorney is solely licensed to practice law in the State of California.

  3. Andrew Daniel Myers

    Contributor Level 20

    Answered . Google around and research the issue as to whether there have been other defective airbag cases involving vehicles with the same make model and year. The reason is that such cases require electrical mechanical and automotive engineering expert testimony which makes any one case cost prohibitive. It is better to find other cases where such expert analysis has already been done.

    Do not take the car back to the dealer for the manufacturer, they will very likely look to find that their car was fine and that it was because you did something wrong.

    Do not give up the car, preserve it until you have your own expert unrelated to the manufacturer or dealer take a look.

    I truly wish you the best.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

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