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What Is the Average Settlement for Airbags Not Deploying?

Determining the average settlement for cases involving airbags that fail to deploy is challenging due to the unique circumstances of each incident.

However, settlements can range from tens of thousands to several hundred thousand dollars, depending on the specifics of the case.

For instance, a Florida jury awarded $3 million to a man who sustained severe injuries due to a defective Takata airbag during a 2020 car crash. In this case, the airbag's inflator exploded improperly, sending a metal shard into his arm.

3 Factors that Determine the Settlement Amount

When airbags deploy correctly, they save lives. To be specific, airbags saved an estimated 2,790 lives in 2017 [1].

However, injuries happen when they don’t deploy.

There’s no average settlement when airbags don’t deploy because the accident outcome varies from case to case.

One person’s settlement can be vastly different from what another person gets.

The settlement you can get after airbags fail to deploy depends on these factors.

Related Article: Malfunctioned Airbags Recall Lawsuit Update

1. The Severity of the Injuries

The biggest factor that determines the average settlement after an airbag fails to deploy is how serious your injuries are.

If you have catastrophic injuries or the accident caused you to be permanently impaired, you’ll usually get a higher settlement.

Catastrophic injuries include loss of limbs, spinal cord injuries, traumatic brain injuries, and more.

These are all severe injuries that permanently affect your life. You’ll have higher medical expenses as a result of these injuries, and you may need additional funds if you lose your income and need ongoing care.

In case a person dies because of airbag failure in a car accident, the surviving family members can file a wrongful death claim.

2. How Airbag Failure Affected the Injuries

You have to prove that the airbag’s failure to deploy directly impacted your injuries to get a high settlement.

In other words, you have to prove that you would have suffered fewer or more minor injuries had the airbags been deployed normally.

If you can prove this, you’ll also be entitled to compensation.

3. Your Insurance Coverage

The final factor that determines the average settlement after airbag failure is the available insurance coverage.

Each of the parties involved in a motor vehicle accident can have different levels of insurance coverage. More serious injuries can be higher than your available coverage.

However, if the airbag manufacturer is also liable for the damages, you can have more insurance coverage available.

Proving Product Liability

Personal injury lawsuits that involve consumer products are different than regular car accident claims. These cases fall under the category of product liability law.

You don’t have to prove that the airbag manufacturer was negligent when creating the product in a product liability claim.

Instead, the manufacturer is automatically liable for the injuries you sustained in a car accident, in this case, because of airbag deployment failure.

However, you’ll still have to prove some parts of the claim, such as:

The airbags were defective
The airbags didn’t deploy at the moment of the crash
You didn’t make any changes to the airbags prior to the car accident
You suffered injuries because of a faulty airbag

As with any other car part, it is possible for airbag sensors to fail to correctly detect impact or deploy the airbag, as the result of improper design, testing or installation of sensors, or because of software failure. Defective electrical components or severed wiring can interfere with the impact signal communication between sensors and airbags.”- State Street Auto Repair.

Also, it doesn’t necessarily mean that the manufacturer is at fault.

You could seek damages from potentially liable parties involved in producing and maintaining the airbags, such as:

Designers
Auto manufacturers
Distributors
Auto shops
Previous vehicle owners

Note: Auto manufacturers can be held liable if the auto parts connected to the airbag were responsible for the airbag not deploying.

Available Damages in Airbag Not Deploying Case

You can get different damages when airbags fail to deploy, such as:

Medical bills for sustained injuries
Lost income if you’re unable to work
Physical disability or brain damage
Car repair expenses
Physical pain and suffering because of sustained injuries
Emotional trauma resulting from car accidents
Home healthcare
Medical assistive devices
Home modifications to accommodate impairments
Punitive damages if there’s a negligent driver

Overall, the damages you can get depend on the extent of the injuries caused in the car accident.

Hire a Lawyer to Help with Airbags Not Deploying Case

If you’ve been in a car accident involving airbags not deploying, you should hire a personal injury lawyer.

They can provide a free consultation, help with proving liability, and guide you through the car accident lawsuit.

Personal injury lawyers can help you:

Gather evidence — A lawyer can ask for the police report, check all aspects of the accident, and determine who are the liable parties.
Communicate with other parties involved in the accident — These can include the liable person, their lawyers, and the insurance company representative. A lawyer can make calls and answer emails on your behalf and negotiate the settlement.
Determine the settlement amount — A settlement depends on accident victims’ injuries. A lawyer can calculate what settlement you should get and help you ask for a fair amount.
Negotiate with other parties — If the other party or the insurance company is dragging the case or refusing to pay, a lawyer can push until they agree. A lawyer can also represent you in the case of a trial and fight for your damages.

In general, apart from providing a free consultation, a good and passionate lawyer can explain the law and guide you from start to finish of the case.

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FAQ

1. What is the threshold for airbag deployment?

The threshold for airbag deployment occurs when the crash force is equivalent to an impact into a rigid wall at 10 to 12 mph. However, most airbags deploy at speeds as high as 16 mph when the person is wearing a seatbelt [2].

2. How long does it take for airbags to be deployed after a collision?

Airbags typically deploy within 30 to 40 milliseconds after a collision if the impact speed exceeds 15 mph [3].

3. Why do airbags deploy at different speeds?

Airbags deploy based on sensors that detect the severity of a crash. The system is designed to deploy the airbags when the force of impact meets a certain threshold to prevent injury, ensuring they are deployed only during significant collisions.

4. Can airbags deploy in minor crashes?

Airbags are designed to deploy in moderate to severe collisions where there is a high risk of injury. In minor crashes, airbags may not deploy, as the impact does not meet the threshold required for deployment.

5. How do airbags know when to deploy?

Airbags are equipped with crash sensors that monitor the vehicle’s speed and deceleration. When these sensors detect a rapid deceleration—indicating a crash—they trigger the airbag system to deploy.

6. What causes airbags to fail to deploy?

Airbag failure can be caused by various factors, such as malfunctioning sensors, electrical issues, or a faulty airbag module. Additionally, issues like an improperly fastened seatbelt or the vehicle not meeting deployment thresholds can also prevent airbags from deploying.

7. Are airbags deployed in all types of collisions?

Airbags generally deploy in frontal or near-frontal crashes. They may not deploy in side impacts, rear-end crashes, or rollovers unless equipped with specific side-impact or curtain airbags. The type of collision and its severity determine whether airbag deployment is necessary.

Get a Free Defective Airbag Lawsuit Evaluation With Our Lawyers

If you’ve been in car accidents where an airbag failed to deploy, you should immediately seek medical attention. Once you’re feeling stable, you should hire a personal injury lawyer.

Schmidt & Clark, LLP lawyers will provide a free legal consultation. We can determine how much insurance coverage you have, help you determine a fair settlement amount, and recover compensation.

References:

https://www.nhtsa.gov/equipment/air-bags
https://www.iihs.org/topics/airbags
https://www.whichcar.com.au/car-advice/everything-you-need-to-know-about-airbags

What Is the Average Settlement for Airbags Not Deploying?