Maryland Airbag Failure Accident Lawyer
A Maryland airbag failure accident lawyer can help you get the compensation you deserve for your injuries. While this may sound like a case against the car manufacturer, and it theoretically could be, the black letter law makes the recovery process far more straightforward than that. This is a question of causation. We must establish legal causation to prove the defendant acted negligently in causing your injury. Note that not all injuries caused by the defendant will be deemed to have been proximately caused by his acts. In general, if a particular harmful result was at all foreseeable from the negligent driver’s conduct, the unusual timing of cause and effect is irrelevant. In the case of an airbag failure in a Maryland car accident, the fact that the airbag failed to protect you against injury is arguably foreseeable if you are in an accident.
Understanding Airbag Failures Under Maryland Law
Civil tort law in Maryland holds that the original tortfeasor is liable for all future acts of negligence that were foreseeable. This is known as a direct cause case. If there is an uninterrupted chain of events from when the negligent driver hits you with their car to when the airbag fails to deploy, it is an uninterrupted chain of events. Another classic example is if medical malpractice is committed at the emergency room following the accident. This has been in the common law for a long time and has consistently been held to be foreseeable.
On the other hand, an example of an unforeseeable harmful result may be if a section of the highway collapses due to negligent engineering by the state. In this case, the initial defendant would only be responsible for the injury from the collision and not the car’s falling into the pit. This may sound like a crazy example, but that is the point.
Types of Airbag Failures
A Maryland airbag failure accident lawyer at Gelb & Gelb can walk you through the various types of airbag failures in greater detail if one is the cause of your injury. Below, we detail the three most common types of airbag failures.
Non-Deployment Issues
This is the most commonly pursued type of airbag failure. It is also, arguably, the easiest to prove that this is a breach by the manufacturer. If there is a certain amount of damage to your vehicle, an expert witness at trial can testify that you or the other driver was going a certain speed. Further, an airbag should deploy at certain times to stay within Maryland and the federal code. A failure to do so is a breach of duty and a way to establish liability against the vehicle manufacturer. This first step is essential in any type of airbag failure case. However, a non-deployment issue is the easiest and most common case to pursue because it is clear whether the airbag is deployed. Meanwhile, an incorrect deployment timing error, discussed below, is far more challenging to prove.
Incorrect Deployment Timing
Maryland airbag failure accident lawyers at Gelb & Gelb handle these cases, but they are more difficult to prove than a non-deployment error. An incorrect timing error may happen several seconds after the accident occurs. Proving is more challenging than a non-deployment error, though possible. Testimony from the people in the car at trial can work as evidence. Additionally, an expert witness can testify at trial that the airbag must have deployed late because of certain factors. Note that it is rare that there is a premature airbag deployment.
Partial Deployment or Inflation Failures
A Maryland airbag failure accident lawyer can assist with a partial deployment or inflation failure. When this type of failure occurs, the manufacturer is responsible for the failure to mitigate your injuries by airbag. Airbags are required under Maryland and federal law. Moreover, they must adhere to Code. A failure to do that is prima facie negligence.
Consequences of Airbag Failures
Our Maryland airbag failure accident lawyers are acutely aware of the consequences of airbag failures. The purpose of an airbag’s deployment is to mitigate your injuries. Even with an airbag deploying properly, you can still fracture the bones in your face. We have handled many cases with proper airbag deployment where a client injured their orbital bone, cheekbone, jaw, or nose. An airbag is not expected to wipe out any risk of injury completely. However, the consequences of airbag failures lead to more significant injuries and a more considerable impact on passenger safety. Commonly, we see anywhere from minor bruises to more severe injuries like fractures, head injuries, and even death.
Recently, the National Highway Traffic Safety Administration (“NHTSA”) conducted a comprehensive study regarding the consequences of airbag failures nationwide. The study’s review established that frontal airbags are nothing more than supplemental protection. They should be used in conjunction with seatbelts and not relied on by themselves. Additionally, despite what some may believe, they are not designed to deploy in all car accidents. This may be because airbags can cause injury by themselves due to the force in which they deploy. Based on their data, the NHTSA believes airbags reduce fatalities by about 14% when no seatbelts are used and 11% when used with airbags.
11% is a massive increase in passenger safety. Accordingly, airbags should be implemented in all vehicles. Additionally, airbag and vehicle manufacturers should test their functionality to perfect it prior to release on the public market. It is estimated that about 2,700 lives are saved annually by frontal airbags.
Potential Defendants in Maryland Airbag Failure Cases
Our Maryland airbag failure accident lawyers will take the time to identify each potential defendant in your airbag failure case. Generally, the only defendant worth pursuing is the other driver. However, if there is no insurance coverage, it may be worthwhile to investigate other theories of liability to hold more wrongdoers responsible and recover more compensation for your injuries. This depends on the nature of your injuries. Simply making a claim under the adverse driver’s insurance policy is sufficient for minor soreness. If necessary, we can make an underinsured claim under your policy. But what if that is not enough?
For example, in a survival action or wrongful death case, we consider suing the auto dealership, airbag manufacturer, car manufacturer, and other third-party suppliers.
The Role of Recalls in Establishing Liability
Recalls can play a critical role in establishing liability in airbag failure cases. While subsequent remedial measures generally are not admissible at trial, there is already other evidence proving liability by the manufacturer. Remember, a manufacturer wants to avoid recalling a product. They know it is bad press. But in some instances, especially when they are on notice of a defect and fail to recall the product within a reasonable period of time, there is liability.
Speak to a Maryland Airbag Failure Accident Lawyer
Roger Gelb is an aggressive and experienced Maryland airbag failure accident lawyer at Gelb & Gelb. Our office offers free consultations if you are injured in a Maryland car accident. Further, we will assist you in determining liability against a wrongdoer, whether it is the car dealership, the car manufacturer, or another driver.
Our attorneys have handled thousands of car accident cases in Maryland. We stand ready to assist you with your legal needs.
Call our office today for a free consultation at (202) 331-7227.