Last night my husband went to the hospital after an accident and his face is banged up. Today his ears are ringing, head hurts, breathing is shallow and nose running. He is telling me he is not sure if he can hear correctly. He is also not sure if he can see the same as before. The accident was his fault as he swerved into two parked cars to avoid a head on collision. Luckily no other people were involved. His car which a friend was loaning him got totalled. What can he do? He doesnt want to go after our friends insurance for personal bodily injuries. Can the manufacturer of the air bag be held liable?
Only a small handful of lawyers handle these defective air bag cases because the majority aren't good, thus, best bet is to Google "defective air bag lawyer" and your city or state to find the small list of them. Call one to investigate.
He needs to get medical treatment ASAP. I would consult a personal injury lawyer for advice. It really depends on the amount of damages sustained as these cases are very costly to litigate. Save all the evidence, especially the car until you consult a lawyer. Good luck to you.
I am glad your husband survived such a serious accident. You may have a claim against the auto manufacturer but these are usually difficult cases. They will expect that the vehicle be preserved for their inspection, so if your husband is seriously injured he should seek medical attention, then the advice of skilled products liability / defective auto attorney.
You can find a qualified attorney on AVVO.
AVVO DISCLAIMER I am licensed in Minnesota only and my answers on Avvo assume Minnesota law. The answers I provide are for general information only and are NOT INTENDED AS LEGAL ADVICE and therefore must not be relied upon. Legal advice must be based on the interaction between an attorney and client and specific exact facts and the law. I do not retain clients without a signed RETAINER AGREEMENT. The Avvo forum does not allow for the discussion and the interaction necessary to form a complete legal analysis. Therefore the answers given to any specific question would most likely be different if there was attorney-client interaction. The exchange of information through this forum does not establish such an attorney client relationship. An attorney-client relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged nor are they confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and statutory time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in the answers to any question, if you are an interested party you should promptly and personally consult with an qualified attorney for legal advice licensed in the proper jurisdiction. Finally, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.
Any damages recoverable under this scenario probably depends on whether or not the airbag failed to perform as expected. If the airbag failed to deploy and your husband suffered serious injuries or heaven forbid, death, the same analysis would be followed.
These are very difficult cases. You will need to consult with an attorney. This is a product liability type case and there are some lawyers that deal specifically with auto defect cases.
Family Law Attorney
If the other motorist wrongfully subjected your husband to an head-on collision and your husband reasonably avoided it, I'd say that the motorist has liability. I'm not prepared to isolate the airbags from the collision in causing your husband's symptoms. Your husband has to get off protecting his friend. Have him consult a competent personal injury attorney.