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I was in a car accident about a month ago in which the driver was killed and I was injured. My air bag didn't deploy, can I sue?

West Point, MS |

My air bag didn't deploy.

Attorney Answers 5


Depends. I'm sure that was not the answer you were looking for but there are many factors to consider.
First, why didn't it deploy? Has the vehicle been preserved and has someone with some expertise looked at the vehicle to make that determination. The nature and extent of your injuries are an important factor. Someone will need to offer an opinion that you would not have been injured or your injuries would have been less if the airbag deployed. In addition even if the injuries were caused or enhanced by the failure to deploy how serious or permanent are those injuries. This type of case is very expensive to pursue and unless the injuries are serious or permanent bringing a claim may not make economic sense. If the outcome will not result in a meaningful economic recovery to you, it is difficult to pursue such a case.

If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.

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A few more facts are needed to evaluate!... Have a local personal injury lawyer investigate

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First, you would need to establish that the air bag should have deployed from the impact. Then you would have to prove that the injuries you sustained would not have happened but for the failure to deploy. Then you would have to have sustained causally related injuries that are significant enough to justify the cost and expense of bring a such a product liability claim against an auto manufacturer who is not going to roll over and pay you fair value. If you believe you can meet this criteria immediately consult with an experienced personal injury/product liability attorney. If the other vehicle was at fault and has adequate insurance coverage it would be a lot easier just to bring a claim against the owner/operator.

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You were a passenger, so you were not responsible. Beyond that, I can offer no advice except that you should consult with a good personal injury lawyer. You may have a valid claim against the driver of the vehicle you were in, against one or more other drivers, or a products liability case based on the failure of the airbag. Perhaps there is even a claim based on the condition of the road. If your injuries were not very serious, and made more serious by the failure of the airbag, it is unlikely that it would be worth pursuing a products claim or a highway design/maintenance claim. Again, you need to go over all the facts with a good personal injury lawyer to get specific advice. You certainly can't hope for reasonable compensation if you try to represent yourself.

Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.

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You likely can. You need to speak with an attorney and do not wait. There is a statute of limitations that can limit your rights to sue. So, call a Mississippi attorney today. Feel free to contact my office, if I cannot help you, I may be able to direct you to someone who can.

PLEASE NOTE: This "Answer" does not create an attorney-client relationship. I am NOT your attorney. Also, my law firm has NOT been engaged to represent you in any capacity. The response is in the form of legal education and is ONLY intended to provide general information about the matter within the question. Often times the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. If you are unclear about this or any of the content in this "Answer", I would encourage you to seek the advice of legal counsel.

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