Airbag Injury Claim *
Airbag injury claims * made when a person sustains an injury in a car accident when the airbag is deployed. In cases where an airbag is faulty or does not deploy the risk of injury in increased. The Road Safety Authorities (RSA) describes airbags as a device that can significantly reduce the seriousness of an injury. While they do protect a person, it is critical that the airbag is fitted correctly and used in conjunction with seat-belts. However, it is worthwhile noting that airbags can inflict further injury on a person when it is deployed.
How do airbags work?
An airbag system typical consists of sensors that are placed in positions on the car that are most likely to be damages in an accident. When these sensors are triggers the airbag deploys to protect the driver and passenger from impact.
The airbags themselves are deflated and packed into compartments located in the car’s dash, steering wheel or seat. Deployment usually consists of chemical propellants which when triggers fill the airbag with nitrogen gas in a split second.
Airbags are single use devices, meaning that once an airbag has been deployed it must be replaced immediately.
In order to protect the person in the vehicle an airbag has to inflate at a rapid pace. The force of this explosive deploy can sometimes cause injury to a person. Some of the most common airbag injuries * include:
- Hearing loss as a result of a noise from the explosive
- Facial bruising and abrasions from the force of airbag deployment
- Chest injuries
- Fractured bones
- Burns from combustion
If a person suffers a serious injury due to a defective airbag they have a legal right to pursue a legal remedy against the manufacturer, car manufacturer or driver of the vehicle. Liability can be determined once the facts of the accident are gathered. In order to be successful in legal proceedings ‘unreasonable danger’ must be shown. Such examples of these defects would consist of:
- A fatal flaw in the design
- Substandard manufacturing
- Mistakes made in manufacturing
- Negligence when fitting the airbag
- Issues with assembly of the airbag
- Failure by the manufacturer to provide necessary warnings and directs in the vehicle user manual.
What to do after a defective airbag injury
Seek medical attention
No matter how minor you think the injury may be, it is highly advisable to seek medical attention immediately after the incident. This will ensure that any internal injuries can be appropriately assessed. Any treatment administered with your consent should be documented for referral.
Report the incident to the manufacturer
Once you are in a stable condition, the incident should be reported to the car manufacturer. Not alone does this make the company aware of the incident, but they may also wish to carry out an internal investigation to see if their product is faulty/ prevent injuries happening to more car users.
Speak with a solicitor
If your quality of life has been affected or you have incurred a considerable amount of medical bills and you are considering bringing legal proceedings forward it is advisable to get in contact with a solicitor. Your solicitor will assist you in collecting important documents that determine where liability lies. Examples of these documents include:
- Medical records
- Witness reports
- Photographic evidence
- Mechanics/ Engineers report
Legal Time Limits
The legal timeframes regarding the amount of time you have to make a claim can alternate depending on the scenario. The general guideline for all personal injury cases * is usually that the injured party has a time period of two years less one day from the date of the accident to make a claim *. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.
In the situation where a person under the age of 18 is injured the two-year period will commence on their 18th birthday. An adult or guardian can make a claim on behalf of the child which is known as the Next Friend rule.
TELL US ABOUT YOUR CASE
If you were involved in a personal injury accident * and are contemplating your legal options, don’t hesitate to contact 01 649 9900 for a confidential discussion or reach out via email to email@example.com. If you would rather we call you please do feel free to tell us about your case by leaving your details along with a message outlining your query on the form below and we can call you back. We look forward to hearing from you.
With over 30 years’ experience, Tracey Solicitors ensure not to overwhelm you with legal jargon and can provide you with legal advice and guidance with your best interest at heart, in a language that you can understand.