Practice Areas
Blog 
Motor Vehicle Accidents
News
- Posted on 2/1/2012One Killed in Beaufort Ambulance Accident...
- Posted on 2/1/2012Man Killed in Fiery Accident with Tractor Trailer in Greer...
- Posted on 1/30/2012Williamston Head-On Accident Injures Four...
- Posted on 1/23/2012Charleston Man Dies From Injuries From 3-Car Accident...
- Posted on 1/23/2012Anderson Woman Killed in Accident on S.C. 28...
Library
Do I Have A Defective Airbag Case?
Here are four considerations in evaluating a defective airbag case:
1. Should the airbag have deployed in the crash?
2. Why didn't the airbag deploy?
3. Could the injuries have been lessened or avoided altogether if the airbag had worked?
4. Are the injuries caused by the defective airbag serious enough or life threatening enough to be worth the cost of pursuing a defective airbag lawsuit?
1. Should the airbag have deployed in the crash?
Before even considering filing a product liability lawsuit for a defective airbag, we must look at the facts and circumstances surrounding the crash and determine if there was an airbag malfunction. In other words, should the airbag have deployed in the car accident? Many times, an investigator may be used to gather the evidence to make this determination. One important factor is the speed the vehicle was traveling at the time of the impact. Airbags have a threshold speed, usually around 14 mph, and will not deploy unless the vehicle was traveling at or beyond the threshold speed. The type of impact is another important factor. Frontal airbags are designed to deploy in frontal impact crashes. If the impact was to the front of the vehicle, the airbag is designed to deploy if the vehicle was traveling at the threshold speed. But, if the crash was caused by a rear end impact, the airbag may not have deployed because the airbag was not designed to deploy in that type of accident. Many vehicles now come equipped with side airbags, so an analysis of where airbags are located in the vehicle and the type of crash that occurred (rear end collision, t-bone, head-on collision, etc.) may be necessary to determine whether or not properly functioning airbags would have deployed in the car accident.
2. Why didn't the airbag deploy?
If the airbag should have deployed, but did not deploy, it is necessary to be able to prove a defect in the airbag prevented it from working properly. To prove the airbag was defective, experts must give expert engineering testimony to explain why the airbag was defective. Obtaining the best experts to give testimony in order to prove an airbag defect case is very expensive. This expense only makes sense if the person was severely injured because the airbag did not work.
3. Could the injuries have been lessened or avoided altogether if the airbag had worked?
Could the injuries or death have been avoided if the airbag had worked properly? To prove that the person was injured because of the defective airbag, medical experts must be obtained to provide testimony that the person's injuries or death could have been avoided if the airbag had worked properly.
4. Are the injuries caused by the defective airbag serious enough or life threatening enough to be worth the cost of pursuing a defective airbag lawsuit?
As you can see, airbag cases are complex, and costly to pursue. That is why even if you have a valid defective airbag claim, it still may not be in your best interest to pursue a defective airbag lawsuit. By this I mean, unless the injuries and damages the person suffered because of the defective airbag are extensive and very serious in nature, the cost of litigating and proving the airbag case could be more than what you would recover from a settlement or jury verdict. It just does not make sense to file a defective airbag lawsuit unless there is a good chance of recovering more for the client than the costs of proving the case. However, if the person's injuries are very serious or if the person was killed in the accident, a defective airbag case should be considered. Broken bones, head trauma, brain injury, surgery, life-threatening injuries, and many other debilitating injuries are examples of injuries that are serious or catastrophic enough to result in a settlement or verdict that would warrant the cost of pursuing an airbag case.
Learn more about what to do if you or a family member is involved in a car accident!
Visit our Car Accident information library
Order your Free copy of The South Carolina Accident Book
Get your Questions answered in our FAQ library
Contact Shelly Leeke Law Firm for a Complimentary Case Evaluation.
Or Call us at 843-277-6061.
Free Consultation
Contact us today for a free, no obligation consultation about your personal injury legal needs.
North Area Office
103 Laurel Avenue
Goose Creek, SC 29445
Phone: (843) 277-6061
Fax: (843) 297-8497
Toll Free: 1-888-690-0211
Headquarters- Personal Injury & Auto Accident Law Firm
Get Directions
Mt. Pleasant Office
222 W. Coleman Blvd., Suite 124
Mt. Pleasant, SC 29464
Phone: (843) 277-6061
Fax: (843) 297-8497
Toll Free: 1-888-690-0211
By Appointment Only
Get Directions
Charleston Office
1643B Savannah Highway
Suite 160
Charleston, SC 29407
Phone: (843) 277-6061
Fax: (843) 297-8497
Toll Free: 1-888-690-0211
By Appointment Only- No Mail or Deliveries
Get Directions
Myrtle Beach Office
Myrtle Beach, SC 29577
(By Appointment)
Phone: 1-888-690-0211
Fax: 843-297-8497
By Appointment Only- No Mail or Deliveries
Get Directions
Columbia, SC
4500 Fort Jackson Blvd.
Columbia, SC 29209
(By Appointment)
Phone: (803) 250-1030
Fax: 843-297-8497
By Appointment Only- No Mail or Deliveries
Get Directions
Greenville, SC
147 Commons Way
Greenville, SC 29611
(By Appointment)
Phone: (864) 256-1010
Fax: 843-297-8497
By Appointment Only- No Mail or Deliveries
Get Directions
Free Report
THE Guidebook For South Carolina Accident Victims
The South Carolina Accident Book on Audio CD
Roadmap For A Personal Injury Case
Guide to Settling Your South Carolina Property Damage Claim
Buying Car Insurance In South Carolina
Contact Info
Contact Info
North Area Office
103 Laurel Avenue
Goose Creek, SC 29445
Phone: (843) 277-6061
Fax: (843) 297-8497
Toll Free: 1-888-690-0211
Headquarters- Personal Injury & Auto Accident Law Firm
Mt. Pleasant Office
222 W. Coleman Blvd., Suite 124
Mt. Pleasant, SC 29464
Phone: (843) 277-6061
Fax: (843) 297-8497
Toll Free: 1-888-690-0211
By Appointment Only
Charleston Office
1643B Savannah Highway
Suite 160
Charleston, SC 29407
Phone: (843) 277-6061
Fax: (843) 297-8497
Toll Free: 1-888-690-0211
By Appointment Only- No Mail or Deliveries
Myrtle Beach Office
Myrtle Beach, SC 29577
(By Appointment)
Phone: 1-888-690-0211
Fax: 843-297-8497
By Appointment Only- No Mail or Deliveries
Columbia, SC
4500 Fort Jackson Blvd.
Columbia, SC 29209
(By Appointment)
Phone: (803) 250-1030
Fax: 843-297-8497
By Appointment Only- No Mail or Deliveries
Greenville, SC
147 Commons Way
Greenville, SC 29611
(By Appointment)
Phone: (864) 256-1010
Fax: 843-297-8497
By Appointment Only- No Mail or Deliveries
Call 24/7
for immediate response