If Airbags Don’t Deploy in a Car Accident, Is the Car Company Liable?

Despite being considered a critical safety feature in every vehicle, there are instances when airbags don’t deploy during a car crash, leaving victims exposed to severe harm. 

If you’re involved in a crash in Florida, understanding your car company’s liability if airbags didn’t deploy in a car accident is crucial when seeking compensation for your injuries and property damage. 

At The Morgan Law Group, our car accident attorneys in Florida aim to help you navigate your legal rights and hold responsible parties accountable when airbag systems fail in a car accident.

Understanding Liability in a Car Accident Involving Defective Airbags

Airbags are engineered as a life-saving measure, meant to cushion the blow during a severe collision. When functioning properly, they significantly reduce the risk of critical injuries or death. 

However, not every accident results in airbag deployment, and not every failure is “just an accident.” Sometimes, the failure of airbags to deploy stems from a product defect, whether in the design, manufacturing, or installation phase, or from improper warnings and instructions about their use.

Car companies’ liability if airbags didn’t deploy in a car accident is based on product liability law. In Florida, manufacturers and automakers are held to high standards for consumer safety under strict liability and negligence principles. 

This means that if a product, such as an airbag, is found to be defective and that defect causes injury during a car accident, the injured party may be entitled to compensation from the manufacturer, designer, distributor, or even the retailer.

Three types of product defects may be relevant:

• The airbag system was defectively designed.
• The airbag system left the manufacturer’s facility with a flaw that made it unsafe.
• The manufacturer or distributor failed to provide adequate warnings or instructions regarding the limitations or proper use of the airbag system.

When airbags didn’t deploy in an accident, establishing which kind of defect occurred is essential for determining liability. Florida law does not require you to prove negligence if you can show that the airbag was unreasonably dangerous due to a defect and caused your injuries.

Can You Sue the Car Company for Airbags That Failed to Deploy in a Crash? 

Yes. 

A car company’s liability if airbags didn’t deploy in a car accident hinges on whether the failure was the result of a defect in the airbag system or another part of the vehicle. Car accident attorneys in Florida have successfully held automakers accountable when faulty airbags contributed to serious injuries.

A high-profile example of such liability involved the Takata Corporation, one of the world’s largest suppliers of automotive airbags. In 2017, Takata faced a class action lawsuit, with plaintiffs alleging that the company supplied defective airbags that posed significant dangers. 

The consequences were sweeping. Not only did Takata Corporation declare bankruptcy, but 4 car companies settled the Takata airbag lawsuit for $553 million with affected consumers. This case underscored that both the airbag supplier and the car companies themselves can be held liable when safety systems fail, depending on their respective roles in the production and sale of the vehicles.

A class action settlement like the Takata case demonstrates that automakers have a duty to vet and test the components they include in their vehicles, including airbags. If they knowingly, or even negligently, place vehicles with unsafe airbag systems on the market, they may be responsible for any resulting harm. 

Even outside high-profile cases, the underlying principle remains: If an automaker sold you a car with a defective airbag system, and the airbag failed to deploy in a collision, you may have a strong product liability claim against the car company.

How Can You Establish the Liability of the Car Company for Defective Airbags?

Proving a car company’s liability if airbags didn’t deploy in a car accident requires a strategic and evidence-driven approach. 

It’s not enough to simply show that injuries occurred in a crash where airbags failed to deploy. You must demonstrate that a defect in the airbag system directly caused or worsened your injuries, and that the defect existed when the vehicle left the manufacturer’s control.

There are several important distinctions to understand, particularly regarding the roles of the car manufacturer and the airbag supplier:

• Car companies are responsible for the final assembly, testing, and sale of vehicles. They have a duty to ensure all components, including third-party parts like airbags, meet applicable safety standards. If a manufacturer installs an airbag system that is later found defective or fails to work properly during a crash, the automaker may be liable for resulting injuries.
• Airbag suppliers (like Takata) design and manufacture airbag modules, which are then sold to automakers. When a defect is traced directly to the supplier (e.g., a design flaw or faulty inflator), the supplier can also be held liable. However, car companies are not immune simply because the problem originated with a supplier; they may be held jointly liable for incorporating unsafe products into their vehicles.

To establish that the car company’s liability if airbags didn’t deploy in a car accident is valid, you, with the assistance of a Florida car accident attorney, must:

• Document the Accident: Obtain police reports, accident scene photos, and medical records that show the severity of the crash and resulting injuries.

• Preserve Evidence: Keep the vehicle intact, especially the airbag system, for expert inspection and analysis.

• Demonstrate the Defect: Through expert testimony, show that the airbag system was defective, either by design, manufacturing, or lack of adequate warnings.

• Prove Causation: Link the defect directly to your injuries, establishing that the airbag’s failure to deploy caused or exacerbated your harm.

• Show the Defect Existed at Sale: Provide evidence (through records, recall history, or expert review) that the defect was present when the vehicle left the automaker’s control.

Manufacturers may attempt to shift blame to the airbag supplier, arguing that they relied on third-party expertise. However, legal precedent, including the Takata settlements, shows that car companies cannot escape responsibility simply by pointing to the component supplier. 

How Can Airbags Worsen Car Accident Injuries if Not Deployed?

When airbags don’t deploy in a car crash, the injuries sustained can be devastating, far beyond what would be expected if the safety system had functioned as intended. The purpose of an airbag is to cushion and slow the body’s momentum. If this crucial buffer is missing, the risk of traumatic injuries dramatically increases.

Here are ways in which the failure of airbag deployment can worsen car accident injuries:

• Increased Head and Chest Trauma: Without airbag deployment, occupants can strike hard surfaces, leading to skull fractures, traumatic brain injuries, facial lacerations, and chest injuries such as broken ribs or damage to internal organs.
• Severe Whiplash and Neck Injuries: Airbags are designed to work in tandem with seat belts. If airbags don’t deploy, occupants may experience more violent forward or sideways movement, resulting in serious neck and spinal injuries.
• Greater Risk of Ejection: In high-speed collisions, the lack of an airbag increases the risk that an occupant will be partially or fully ejected from the vehicle, a scenario associated with extremely high fatality rates.
• Compounded Psychological Trauma: Survivors of crashes where airbags didn’t deploy often report heightened mental and emotional distress, knowing a life-saving feature failed in a critical moment.
• Exacerbation of Pre-Existing Conditions: For individuals with certain medical conditions, such as osteoporosis or previous surgeries, the lack of airbag protection can worsen the severity of injuries.

Airbags are calibrated to deploy during moderate to severe impacts, generally frontal or near-frontal collisions above a certain speed threshold. However, if your accident met these criteria and the airbags didn’t deploy, this strongly supports a product defect claim.

What Damages Can You Recover Against Car Companies?

Pursuing a claim for a car company’s liability if airbags didn’t deploy in a car accident opens the door to a range of compensatory damages. Florida law allows injured parties to seek full recovery for losses stemming from the accident and injury for defective airbags, which may include both economic and non-economic damages.

• Hospitalization
• Surgeries and follow-up care
• Physical therapy and rehabilitation
• Future medical costs related to the injuries
• Time missed from work during recovery
• Loss of earning capacity if injuries prevent a return to your previous employment
• Physical pain and discomfort
• Mental and emotional distress
• Loss of enjoyment of life
• Compensation for lasting physical or psychological impairments
• Damages awarded to family members for loss of companionship and support
• Punitive damages

There is no definite value when claiming for injuries and damages; different factors can affect how much you can recover:

• Severity of Injury: More severe injuries typically result in higher damage awards.
• Proof of Defect: Strong, clear evidence that the airbag system was defective enhances the likelihood of success.
• Recall History: Vehicles that were subject to recalls (such as those affected by the Takata airbag defect) bolster your claim, especially if you were not notified or unable to have the defect repaired before the accident.
• Comparative Negligence: Florida follows a modified comparative negligence rule. If you are found partially at fault for the accident, your damages award may be reduced by your percentage of fault. However, failure of the airbag to deploy is typically not the fault of the vehicle occupant.

Engaging a skilled Florida car accident attorney is crucial to identify and pursue all available damages, as car companies and their insurers will often fight aggressively to limit their liability.

Get Started with Your Airbag Lawsuit Against the Car Company

The failure of an airbag to deploy during a car accident is more than just a mechanical malfunction; it is a serious breach of the trust that consumers place in car manufacturers to provide safe and reliable vehicles. 

When an airbag system fails to operate as intended, and you or a loved one is harmed, Florida law is on your side. You have the right to hold the car company accountable for every injury, expense, and hardship you endure.

With a proven record of success in personal injury cases, including car accidents and defective product claims, and a deep commitment to client advocacy, The Morgan Law Group is prepared to help you secure the justice and compensation you deserve. Whether you need guidance on preserving crucial evidence, evaluating the cause of your injuries, or confronting powerful car companies in court, our team of car accident attorneys in Florida is ready to fight for you.

If you or someone you care about suffered injuries in a crash where airbags didn’t deploy, don’t wait to explore your legal options. Call us today at (305) 504-7642 or contact us using our online form to schedule a free consultation.