How an airbag malfunction is usually identified
An airbag malfunction lawsuit generally involves one of a few patterns: an airbag that should have deployed but did not, one that deployed in a minor impact or with excessive force, or an inflator that ruptured and threw debris. Some of these problems trace back to a defect affecting a whole line of parts, while others involve a single faulty unit, a counterfeit or improperly installed replacement, or sensor and wiring issues. Whether a particular crash should have triggered deployment is a technical question, because airbags are designed to deploy only in certain kinds of impacts. Recall histories for a vehicle or part can be checked through the National Highway Traffic Safety Administration, but a recall is not required for a claim to exist.
Keeping the vehicle and its data
The vehicle is usually the most important piece of evidence. Ask your insurer and the tow yard, in writing, not to destroy, sell, or auction the car, and if the insurer is taking ownership after a total loss, ask that it be preserved for inspection. Many vehicles record crash data, such as speed, braking, and whether the system received a deployment command, and that data can be lost if the car is crushed or repaired. Keep any fragments removed during medical treatment, and leave the airbag module and other components in the vehicle for a documented inspection. Repair and service records matter, especially for vehicles that had prior crashes or replacement parts installed. Photographs of the interior and the deployed or undeployed bags should be taken before anything is moved.
Who may be responsible, and what comes next
Potential defendants can include the vehicle manufacturer, the company that made the airbag or its inflator, and in some cases a repair shop or parts seller. These cases typically require inspection by retained engineering witnesses, sometimes under a joint protocol so that all parties can observe testing. There are deadlines for injury and wrongful death claims, and product cases may involve rules that differ from those in an ordinary crash case. The underlying crash claim against another driver, and any no-fault benefits in New York, usually proceed alongside. Our first priority is preserving the vehicle; after that we identify the parts and parties involved and plan the technical review.
