Fort Worth Airbag Injury Lawyer

Airbags are an important safety feature in vehicles, designed to protect drivers and passengers in the event of a crash. However, airbags can also cause serious, sometimes catastrophic, injuries and even deaths. In some cases, airbags may be defective or malfunction but, even when they deploy as intended, they can cause injuries.

Consider this: the National Highway Traffic Safety Administration recently recalled 67 million airbags from more than 42 million vehicles in the U.S. in what the NHTSH has called the “largest and most complex safety recall in U.S. history.” The airbags, made by major parts supplier Takata, were installed in cars mostly from 2002 to 2015.  At least 25 people have been killed and hundreds injured due to faulty Takate inflators.

If you have been injured or a loved one has been killed due to airbag, you may be entitled to substantial compensation. Our Fort Worth airbag injury lawyer at Varghese Summersett can evaluate your case and determine if you have a valid claim.

In this article, a Fort Worth airbag injury lawyer explains airbag injuries, the process for recovering compensation for your losses, and how our personal injury law firm can help. We offer free initial consultations and, if we take your case, you will never pay anything up front or out-of-pocket. We work on contingency, which means we only get paid if we recover a settlement or award for you.

Common Airbag Injuries

Airbags, while crucial in protecting occupants during vehicular accidents, can often cause injuries, particularly when they deploy improperly. With its vast network of roads and high traffic volumes, Texas has its fair share of these airbag-related injuries. Here are the most commonly reported types:

Facial Injuries

Facial injuries are among the most common types of injuries caused by airbags. These can range from minor cuts and bruises to more severe injuries like fractures.

Eye Injuries

Eye injuries can also be caused by airbag deployment. These injuries can range from minor irritations to more severe conditions such as corneal abrasions or retinal detachment.

Chest and Abdominal Injuries

The force exerted by an airbag can sometimes lead to chest or abdominal injuries, such as bruises, rib fractures, and internal injuries.

Broken Bones

The rapid deployment and significant force of airbags can result in broken bones. These are often seen in the upper body, such as in the arms, hands, and wrists, but also occasionally in the ribs or facial bones.

Injuries to the Upper Extremities

Apart from broken bones, other injuries to the arms, wrists, and hands are common, particularly if a person’s hand is over the airbag module at the time of its deployment.

Burns

Airbags use chemicals to inflate quickly, and this process can generate heat, which, in some cases, can cause burns to the face, chest, or arms.

Respiratory Issues

The powdery residue released by an airbag can cause or exacerbate respiratory issues, particularly in people with pre-existing respiratory conditions like asthma.

Traumatic Brain Injuries

Traumatic brain injuries, which can occur in severe instances of airbag deployment, refer to serious disruptions in the normal function of the brain, potentially leading to long-lasting physical, cognitive, and emotional consequences.

Airbag Safety Regulations

The National Highway Traffic Safety Administration (NHTSA) regulates airbag safety to ensure that vehicles are equipped with properly functioning airbags. Despite these regulations, faulty airbags still make their way into vehicles, putting drivers and passengers at risk.

As mentioned, the NHTSA is currently recalling millions of vehicles with airbags from Takata. The regulatory has also now ordered ARC Automotive to recall 67 million airbag inflators due to a dangerous defect. However, ARC is pushing back,  disputing the need to conduct any recall at all.

Despite the diligent efforts of regulatory bodies like the NHTSA to enforce stringent airbag safety standards, the risk posed by defective airbags remains a significant concern. Recalls, like those involving Takata and potentially ARC Automotive, underline the importance of ongoing vigilance and regulatory scrutiny.

Manufacturers must be held accountable for the safety of their products. The overarching goal should always be to ensure the safety of all vehicle occupants, and addressing issues related to faulty airbags is a critical.

Causes of Airbag Injuries

Airbag injuries can result from a variety of situations. Here are some of the most common causes:

Inappropriate Airbag Deployment
One of the most common causes of airbag injuries is when an airbag deploys in a minor accident or without a collision. This unexpected deployment can lead to injuries from the force of the airbag, especially if an occupant is too close to the airbag when it deploys.

Faulty Airbags
Defective or poorly designed airbags can cause injuries. For instance, an airbag may inflate too quickly, with too much force, or not fully inflate, all of which can result in injuries.

Occupant Positioning
The position of the passenger at the time of airbag deployment can greatly influence the type and severity of injuries. If a passenger is leaning forward or is too close to the dashboard or steering wheel, the force of the airbag can cause significant injury.

Failure to Wear Seatbelts
Airbags are designed to work in conjunction with seatbelts. If an occupant is not wearing a seatbelt when an airbag deploys, the individual can be thrown forward with more force than if they were restrained, leading to more severe injuries.

Children and Small Adults
Children, particularly those in rear-facing child seats, and smaller adults are at a higher risk of injury from airbag deployment due to their size and the proportionally greater impact force.

Chemical Exposure
The chemicals used to inflate airbags can cause burns or skin reactions. The powdery residue that is released upon airbag deployment can also cause or exacerbate respiratory issues.

If you were injured or a loved one was killed due to faulty airbags or inappropriate airbag deployment in Fort Worth or the surrounding area, it’s important to reach out to a Fort Worth airbag injury lawyer as soon as possible. We can help. Our team can provide comprehensive legal advice and representation. We have the experience and expertise to hold negligent manufacturers accountable and get the compensation you deserve to move forward.

Airbag Defects and Malfunction: Product Liability

Manufacturers have a responsibility to ensure their products are safe for consumers. If an airbag defect or malfunction causes injury or death, they may be held liable for damages. Cases involving a defective or faulty airbag fall under the category of product liability, which holds manufacturers and designers responsible for any injuries caused by a defective, faulty or malfunctioning product.  Airbag malfunctions can stem from manufacturing defects, design flaw or even wear and tear.

Airbag Injury Compensation: Possible Damages

If you’ve been injured due to a faulty airbag, you may be entitled to compensation for the losses you’ve suffered. This compensation can generally be divided into three categories: economic damages, non-economic damages, and punitive damages. A Fort Worth airbag injury lawyer gives an overview of each type of compensation below.

Economic Damages

Economic damages represent the quantifiable financial costs associated with your injuries. They include medical expenses, which cover both past and future bills for treatment, therapy, medication, and any necessary medical equipment. Lost wages, if you’ve been unable to work due to your injuries, and projected loss of future earnings, if your ability to work in the future has been compromised, are also covered under economic damages. In addition, if your vehicle or any personal property was damaged due to the airbag deployment, repair or replacement costs can be included.

Non-Economic Damages

Non-economic damages cover the non-tangible losses related to your injuries. They can include pain and suffering, emotional distress, loss of enjoyment of life, and, in some severe cases, loss of consortium, which refers to the loss of companionship or relationship with a spouse or partner. Calculating these damages can be more subjective and often requires the expertise of a legal professional to appropriately quantify.

Punitive Damages

Unlike economic and non-economic damages, which are designed to compensate the victim for their losses, punitive damages are meant to punish the defendant for particularly reckless or egregious behavior, and to deter others from similar conduct in the future. In the case of faulty airbags, if it can be proven that the manufacturer knowingly produced or failed to recall defective airbags, a court may award punitive damages.

Each case is unique, and the amount and type of compensation you might be eligible for will depend on the specific circumstances of your case. It’s crucial to consult with an experienced attorney who can help you understand your rights and navigate the legal process.

Airbag Injury Claims Process

If you have been injured by an airbag, the personal injury claims process typically involves several key steps. Here’s a general overview of what this process might look like:

1. Medical Treatment: The first step after any accident is to seek medical attention. Your health and well-being should be your primary concern. Additionally, getting immediate medical treatment and following your doctor’s recommendations not only aids your recovery but also creates a record of your injuries, which can be vital in a personal injury case.

2. Consult an Attorney: If you’re considering a personal injury claim, it’s essential to consult with an experienced personal injury attorney. They can help you understand your rights, evaluate your case, and guide you through the legal process.

3. Investigation and Gathering Evidence: Your attorney will likely conduct a thorough investigation of the accident. This can involve gathering evidence such as photographs, medical records, police reports, witness statements, and any other documentation that can support your claim. They might also consult with experts, such as medical professionals or accident reconstruction specialists.

4. Demand and Negotiation: Once your attorney has a complete understanding of your case, they will typically send a demand letter to the at-fault party or their insurance company. This letter outlines the facts of the case, the injuries you’ve sustained, your medical treatment, and the amount of compensation you’re seeking. This initiates a negotiation process, where both sides discuss the claim and attempt to reach a settlement.

5. Filing a Lawsuit: If a fair settlement cannot be reached through negotiation, your attorney might recommend filing a lawsuit against the at-fault party. Once the lawsuit is filed, the discovery process begins, where both sides exchange information and evidence related to the case.

6. Mediation or Trial: Even after a lawsuit is filed, many cases are resolved through mediation, a process where a neutral third party helps the disputing parties reach a mutually agreeable settlement. If a settlement still cannot be reached, your case may proceed to trial, where a judge or jury will decide the outcome.

7. Resolution: If your case is successful, whether through a settlement or a trial verdict, the at-fault party or their insurance company will be required to pay the agreed upon or awarded compensation.

This is a general process and may vary depending on the specifics of your case and the laws in your jurisdiction.

Speak to a Fort Worth Airbag Injury Lawyer Today

Varghese Summersett is a trusted law firm in Fort Worth with a proven track record of success across North Texas, including Tarrant, Dallas and surrounding counties. We are dedicated to providing personalized, compassionate legal representation to accident victims, including airbag injury victims. With years of experience handling personal injury cases, we understand the complexities of airbag injury claims and are prepared to fight for you. Call us today at 817-207-4878 or contact us online for a free consultation to discuss your case.

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