The purpose of airbags is to save lives, not injure or kill people. Airbags have succeeded in saving more lives than they have taken and preventing more personal injury than they cause. Because of this, front-seat airbags are mandatory throughout the US. 

Nevertheless, malfunctioning airbags do cause injuries from time to time. If you have suffered an airbag injury, you might qualify for compensation.

Types of Airbag Malfunctions

An airbag can injure you by deploying or by failing to deploy properly. 

For example:

  • The airbag injures you when it deploys without an accident. Such a deployment might even cause a car accident if it blocks the driver’s view of the highway while traveling at high speeds.
  • The airbag fails to deploy during an accident. 
  • The airbag leaks chemicals when it deploys.

A personal injury lawyer can help construct an accident to determine whether an airbag should or should not have deployed and to determine who is liable; the car company, the airbag manufacturer or the passenger.

What Are Common Airbag Deployment Injuries?

The following is a list of common airbag injuries:

Suffocation might result when a fully-inflated airbag covers the mouth and nose. If death is the result, a wrongful death claim may be appropriate. Small children are particularly vulnerable to airbag suffocation.

How Does Comparative Negligence Affect My Tampa Car Accident Claim?

Sometimes more than one party is at fault for an accident – for example, a passenger and an airbag manufacturer. 

Florida applies a “pure comparative negligence” system under which a party loses compensation proportionally to their own share of fault. For example, if the plaintiff is 30 percent at fault, they would be limited to 70 percent of the compensation awarded. 

Children and Airbags

Airbags are particularly dangerous to small children. Children should be placed in a child safety seat in the backseat of the vehicle and buckled up. That way, in the event of an accident, the child will rely on the seat belt and the child safety seat for protection rather than on the airbag. 

If you fail to take these precautions, you might bear liability for the child’s injury or death. Florida law requires the use of child safety seats for children up to five years old.

Failure to Wear Your Seatbelt

It takes about a second for an airbag to fully inflate. Accidents, however, happen in a fraction of a second. If you are not wearing your seat belt during an accident, your body might hit the steering wheel or a partially inflated airbag. This could cause a serious seatbelt injury or death, even without an airbag malfunction. 

Florida law requires children under 18 years of age riding in the front seat to wear a seat belt or a child restraint device. Adults are also required to wear seat belts.

How Can Airbag Deployment Reduce the Value of Your Claim?

Airbag deployment can reduce the value of your personal injury claim by reducing the extent of your injuries. 

Generally, the more severe a person’s injuries are, the more their personal injury case will be worth. If an airbag reduces the severity of your injuries, your claim will likely be valued less. 

Contact Our Car Accident Law Firm in Tampa, FL for Help With Your Airbag Injury Claim

If you think you might have an airbag injury claim, seek a consultation with a car accident lawyer in Tampa. Initial consultations are typically free of charge, and so is the lawyer’s legal representation unless they win your claim. 

In all likelihood, your claim will settle at the bargaining table. Your lawyer can handle negotiations on your behalf, but they have no authority to settle without your permission.

If you’ve been injured in an accident in Tampa, FL, and need legal help, contact our Tampa car accident lawyers at Catania & Catania Injury Lawyers to schedule a free consultation.

Catania & Catania Injury Lawyers
Bank of America Plaza
101 E Kennedy Blvd #2400
Tampa, FL 33602
(813) 222-8656

We also provide legal assistance throughout the Tampa Bay Area including Clearwater, St. Petersburg, Sarasota, and Bradenton.