Airbags exist to help protect occupants in a vehicle crash. If an airbag fails to deploy in an accident, you and others in the collision can face much more severe injuries. Can you sue if your airbags didn’t deploy in an accident? This failure to deploy might be the grounds for a claim against the manufacturer or other related party if the airbag should have deployed but was defective in some way.
Filing a claim can help you recover key financial and personal losses, like medical costs, lost income, property damage, and pain and suffering.
Airbags in Vehicle Collisions
There were 39,254 fatalities in traffic collisions in the U.S. in 2024, and an estimated 2.42 million injuries, according to the National Highway Traffic Safety Administration (NHTSA). Airbags are a key safety feature to help minimize injuries and limit fatalities in vehicle crashes. The NHTSA has also reported that over 50,000 lives have been saved by front airbags over the last 30 years, including 4,330 lives in 2019.
When Do You Have the Grounds for a Claim?
Not all cases where an airbag fails to deploy lead to a claim. You generally have to prove several things for a successful claim, including:
- The airbag should have deployed in the crash you were in.
- The airbag failed to deploy.
- The failure was caused by a defect or improper installation.
- You were injured because the airbag failed to deploy, or your injuries were worse because of the failure.
- Your injuries caused you personal, financial, and physical damages.
Some accidents occur without deployed airbags because of how the airbags are designed. Airbag programming means that they only deploy at certain speeds, combined with a significant impact. If your accident was minor, there may be no airbag defect to file a claim for.
Who Is Liable for the Airbag Failing to Deploy?
Uncovering the liable party is important when filing your claim. This is the party you could recover damages from to address your injuries and other losses. Depending on why the airbag didn’t deploy, you might be able to hold any of the following parties liable:
- Manufacturer of the airbag
- Airbag designer
- Manufacturer of the airbag sensors
- Repair shop
- Airbag installation company
- Vehicle manufacturer
- Dealership
- Other distributors of the airbags
The at-fault party in your case and your jurisdiction can greatly affect your case. You may have to prove that the party was negligent and breached the duty of care they owed you to file a successful personal injury claim.
In some jurisdictions, product manufacturers are strictly liable for the harm caused by products that are defective or unreasonably dangerous. This can include unreasonably dangerous construction or design, or an unreasonably dangerous product because of a failure of warranty. Negligence is not required in these cases, just proof that the lack of deployment caused your injuries.
Injuries Caused by Faulty Airbags
When an airbag doesn’t work when it should, drivers and passengers can face much more severe injuries, such as:
- Lacerations, especially to the head and face
- Contusions and soft tissue injuries
- Broken bones, especially in the chest
- Traumatic brain injuries
- Whiplash and other neck and back injuries
- Internal injuries, including internal bleeding
- Knee and leg injuries
- Eye injuries
The more severe the accident is itself, the more significant injuries occur that airbags are designed to prevent.
What Evidence Do You Need to Support a Faulty Airbag Claim?
To prove the elements of a faulty airbag claim, you may need testimony from several professionals. This includes medical professionals, airbag manufacturers and designers, accident reconstructionists, mechanical engineers, and other professionals in relevant industries. In addition, you want evidence like:
- Accident reports
- Car repair bills and documentation
- Information about the vehicle and its airbags
- The airbag
- Eyewitness statements
- Footage of the crash and the aftermath
- Medical documentation
This helps you prove the needed elements of the claim and recover the financial compensation you are owed.
FAQs
Can You Get Compensation for Airbags Not Deploying?
Yes, you could get compensation for airbags not deploying, although only if the airbag should have deployed and didn’t because of a defect. This failure to deploy must have either caused you injuries or led to more severe injuries than you would have otherwise sustained. The defect might have been a manufacturing defect in the airbag or the sensors that deploy the airbag, or the airbag might have been improperly installed or repaired. You could recover damages for your injuries.
What Is the Average Settlement for Airbags Not Deploying?
The average settlement for airbags not deploying depends mostly on the injuries you suffered because of the failure to deploy. More severe injuries mean you likely have higher medical treatment costs, more time you cannot work, and a greater effect on your daily life, all of which increase the damages you could recover.
Other factors influence a settlement, such as the claims you file against other at-fault parties and whether you hire a car accident lawyer to file the claim.
What Is the Hardest Injury to Prove After a Car Accident?
The hardest injuries to prove after a car accident are those that are more difficult to objectively document, such as minor traumatic brain injuries, soft tissue injuries, and mental and emotional trauma. Documenting and proving these injuries requires evidence like medical professional opinions, your own documented experience dealing with the injuries, and statements by those in your life who have seen how your life is affected by the injuries.
What Happens if Your Airbags Don’t Deploy in an Accident?
If your airbags don’t deploy in an accident, it can lead to more serious injuries than you would have had if the airbag had deployed. However, in many cases, the airbag doesn’t deploy because the crash was not high-speed or high-impact. If you believe that your airbag should have deployed in a crash but didn’t, you may have a claim against the manufacturer for a defective product if the failure to deploy worsened your injuries.
Hire a Car Accident Lawyer
Filing a claim for a faulty airbag is much easier with an attorney who understands the laws in your jurisdiction and how to hold parties liable. At Ron Austin Law, we have spent more than 30 years working to protect the rights and interests of those injured because of the negligence of others. We believe in helping you secure justice. Reach out to us today.
