The kinds of failures that lead to claims
Airbag claims usually fall into a few patterns. Some involve bags that did not deploy in a crash where they should have, and those cases often turn on the vehicle's crash sensors and the design of the deployment logic. Others involve bags that deployed with too much force, at the wrong time, or without a collision. Some of the most serious involve inflators that ruptured, a problem tied to large recalls in recent years and to defective parts that can remain in older vehicles. An airbag lawsuit usually names the vehicle manufacturer and, depending on the facts, the companies that made the airbag module or its components.
Protecting the vehicle
The car is the most important piece of evidence, and it is often the first thing lost. Insurers routinely move totaled vehicles to salvage yards and auction them off, so tell your insurer in writing that the vehicle must be preserved, and talk with a lawyer before signing over the title. The vehicle's event data recorder may show speed, braking, and whether deployment was commanded, and that data has to be downloaded properly. Keep the recall notices you received, service records, the police report, and photos of the interior and the injuries. If fragments were removed during medical treatment, ask the hospital about preserving them.
Questions we work through first
We start by looking at the crash itself, because whether an airbag should have deployed depends on the type and severity of the impact. We check the vehicle's recall history and whether a repair was offered, scheduled, or completed. We talk about the injuries, and about whether a separate claim exists against another driver who caused the crash. These cases usually require a technical witness who can inspect the vehicle and the module, and the timing of that inspection matters. We explain what we need to get started and what to do about the vehicle this week.
