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As technology has progressed over the last several decades, safety technology in trucks and other motor vehicles has also progressed. Compared to this progression, one might argue that safety technology in vehicles is not as advanced as expected for 2024. Nonetheless, sometimes, the simpler technologies are the most effective. Airbags are designed to act as a last-ditch effort to protect vehicle occupants in the event of a crash. Airbag usage began in the United States in the 1970s. Since then, there have been gradual improvements in their efficacy. The first known collision between two vehicles with airbags occurred in 1990. It was a head-on collision, one that tends to result in the most severe injuries on the road. In this accident, airbags in both vehicles were deployed. Despite extensive vehicle damage, each occupant walked away with relatively minor injuries.
One year later, the United States Intermodal Surface Transportation Efficiency Act of 1991 passed. This required all passenger cars and light trucks to have airbags by 1998. Thus, airbags have only been mandatory in this country for 26 years. And yet, we now understand how critical they are to protecting us should a careless driver cause an accident. This is especially true when you are in an accident with an 18-wheeler. Maryland truck accidents are some of the most consequential accidents on the road. Due to the sheer weight and size difference, a rear-end or rollover truck accident can cause devastating injuries. When an airbag failure occurs in a Maryland truck accident, the results can be fatal. But who is to blame for such an accident? We explore this question in detail below.
If you experience an airbag failure in a Maryland truck accident, call our office today at (202) 331-7227 for a free consultation.
Airbag failures can occur for a variety of reasons, especially in the context of truck accidents. Below, we discuss the most common causes of clients calling our office for airbag failures in a Maryland truck accident. But while they are the most common, an airbag failure can occur for any number of reasons. Other causes may include delayed deployment, improper installation, or software issues.
A manufacturing defect falls under the broader category of product liability. This is when you make a claim against the manufacturer and not the other driver on the road. It is worth noting that courts routinely assert that manufacturers are not insurers of their products’ safety. Thus, they have no legal duty to make and sell only the safest products. However, if there is a design, and the manufacturer strays from that design, there is a defect on its face.
There are two types of manufacturing defects for airbags in trucks. The first is defective materials, which is generally self-evident. A client may already understand this defect when they call for a consultation. The second type of manufacturing defect is defective assembly. It is also worth noting that proving a manufacturing defect is complex. It generally requires significant investigation and expensive expert witnesses. Accordingly, the injuries must warrant such a costly case to be economically feasible.
Here, we discuss principles that you, as a plaintiff, should consider if you want to pursue a claim for an airbag failure in a Maryland truck accident. First, as a plaintiff, you have the burden of proof. Thus, we must prove with direct or circumstantial evidence that an unreasonably dangerous manufacturing defect exists. Second, you have a duty to preserve physical evidence. Any intentional destruction of evidence is unethical. Even if you destroy evidence unintentionally, this can have a detrimental effect on your case.
Third, before discussing the tests for a manufacturing defect, you should understand the non-delegable duty a manufacturer faces. This duty is to deliver an airbag free of unreasonably dangerous defective conditions.
Three tests generally apply. Of course, every jurisdiction is different, and some do not accept the tests below. Nonetheless, if you experience an airbag failure in a Maryland truck accident, you should be aware of these three tests.
This is the quintessential test for liability against an airbag manufacturer or any product liability case for a manufacturing defect. If there is an unintentional deviation from the design, then it is clear that some mistake was made. To prove the deviation, we need to take several steps. Of course, a Maryland truck accident attorney from Gelb & Gelb can help you with the specific steps as they apply to your case. In general, we must first obtain the blueprint design. Then, we compare the blueprint to the actual airbag that caused your injury. If we can identify any non-conformities, we must connect the injury to the non-conformity via a causal link.
Causation is a critical component of any negligence case. Of course, we must also read in your medical record that your providers relate your injuries to the airbag. This will require expert witnesses and can be expensive.
This test applies directly to airbag failures in truck accident cases. The test requires that a normative standard already be established for a product’s material, part, or assembly and that the airbag is proven to deviate from this standard. In very rare instances, this will be conceded by the defense. But in most cases, we must hire an expert witness. Then, we apply the same deviation from the blueprint test discussed above.
The malfunction doctrine is the least likely to work in an airbag failure truck accident case. This places the legal burden on us to eliminate all other logical reasons why the airbag failed other than some manufacturing defect. A defect is inferrable from circumstantial evidence. We compare the accidental airbag to a non-failing airbag to prove the deviation. Then, we rule out other possible causes. Of course, the defendant still has the ability to rebut the implication of a defect with this test, making it the least effective.
An airbag failure in a Maryland truck accident can lead to questions involving liability. If you are at fault for causing the accident, it may not be worth pursuing a claim. However, if the other driver is at fault and you believe the airbag failure worsened your injuries, you can consider filing suit against the manufacturer. This is a good option if your injuries warrant it. But remember, if you wish to make a claim against the manufacturer in addition to the other driver, it will be far more expensive. This is because it requires depositions and expert witnesses to be successful in almost every case. An auto or airbag manufacturer will rarely settle a case without substantial evidence. Unfortunately, recovering this evidence is expensive.
Pursuing a claim against the manufacturer may be worthwhile, but only if your injuries are significant enough. The other driver’s auto insurance policy limits will often cover your damages. For example, if you have medical bills of $10,000 and are treated for a month, then the $30,000 limit on the other driver’s policy should cover your damages, barring some other details not covered in this hypothetical.
Call our office today to discuss your options and next steps toward maximizing compensation for your injuries.
Copyright © 2025 Gelb & Gelb, P.C. All rights reserved.