I was hit hard in the side back tire car spun the airbag hasn't worked the car is not salvage me and my son got hurt I filed lawsuit with car insurance but I feel that if the airbag would have deployed I wouldn't have knack pain and back pain the rest of my miserable life let me know if I can file against toyota
If you have filed a lawsuit because of the accident then this question should be directed towards your current attorney. Also, note that if the accident occurred in Alabama, Alabama has a two year Statute of Limitations for defective product claims. Under the law you believing the air bag should have deployed and you believing your injuries would have been less is not sufficient legally to maintain a defective product claim. Under your burden of proof, you must have a qualified auto-engineer (expen$ive) say the air bag should have deployed and the air bag system had not been previously hindered by a prior owner or crash. Also, you will need a bio-mechanical engineer or bio-medical Phd (expen$ive) to say exactly how your injuries would have been reduced if the air bags had in fact deployed. With all of this said, Toyota did just announce a recall of certain vehicles for defective Takata air bags and you may be able to file a claim under the recall or pending Takata air bag lawsuits....but again, you should talk with your lawyer about this asap! Good luck.
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If you have a claim, there is not likely sufficient time for an attorney to investigate and file suit. The vehicle must also still be available for inspection. I suggest you discuss it with the attorney handling the current case. He or she may have already considered this theory. I wish you the best.
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