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Airbag injuries, while less common than car accidents without airbag deployment, can still pose significant health risks. Since airbags aim to protect passengers during a collision, they deploy at high speeds and can cause various injuries. The severity and type of injuries often depend on several factors, including the vehicle’s speed at the crash, the passenger’s position, and whether the occupants correctly used their seatbelts. Despite their potential for harm, airbags are a critical safety feature that significantly reduces the overall risk of fatalities and severe injuries in car accidents.
Airbag injuries in Georgia can arise from various circumstances related to vehicle accidents. These injuries can result from the airbag deploying too forcefully, not deploying when it should, deploying at an inappropriate time, or from defects in the system itself. Injuries from airbags can range from minor cuts and bruises to more severe injuries such as fractures, burns, and even traumatic brain injuries. Some of the most common types of airbag injuries include facial fractures. An airbag can hit a person’s face with a significant amount of force, leading to broken facial bones. These injuries can be excruciating and, in some cases, disfiguring.
You may have heard about in the news or experienced recalls on vehicles made by various automakers (34 brands), mandating that the car companies replace frontal airbags on the driver’s side or passenger’s side, or both in what the National Highway Traffic Safety Association (NHTSA) has called “the largest and most complex safety recall in U.S. history.” The airbags, made by major parts supplier Takata, were installed in cars mostly from 2002 through 2015. Some of those airbags could deploy explosively, injuring and even killing car occupants. There has been a recall of over 67 million airbags to date.
Legal Causes of Action For Airbag Injuries
If you have suffered an airbag injury in Georgia, there are several legal causes of action that you might consider:
- Negligence: This is one of the most common causes of action in airbag injury cases. If another driver’s negligence caused the accident that led to the airbag deploying and causing injury, you might have a claim against that driver. Additionally, if a mechanic’s failure to properly service the airbag system led to an injury, that might be grounds for a negligence claim.
- Product Liability: If a defect in the airbag caused the injury, you might have a product liability claim against the manufacturer, distributor, or retailer of the vehicle or airbag. In Georgia, product liability claims arise from defects in design, manufacturing, or warnings (failure to instruct or warn about the airbag adequately).
- Warranty Breach: If your vehicle or its airbag system was under warranty, and the injury was due to a defect that the warranty should have covered, you could have a cause of action for breach of warranty.
- Wrongful Death: In the unfortunate event that an airbag injury results in death, the deceased person’s family members might have a wrongful death claim. Typically, damages for wrongful death actions in Georgia include the pain and suffering caused to the survivors, remaining medical expenses, and the cost of burial. There can also be a request for financial support for a spouse or dependent children.
Considerations Surrounding Legal Actions Due To Airbag Injuries In Georgia
- Statute of Limitations: In Georgia, the statute of limitations for personal injury claims, including those for airbag injuries, is generally two years from the date of the injury. However, product liability claims have a different time frame and can be more complex, so consult an attorney to ensure you file your claim on time.
- Comparative Negligence: Georgia follows a modified comparative negligence rule, meaning that if you are found to be partially at fault for your injuries, your compensation can be reduced by your percentage of fault. If you are found to be 50% or more at fault, you may be barred from recovering any compensation.
- Damages: Compensation in airbag injury cases can include medical expenses, lost wages, pain and suffering, and more. In product liability cases, punitive damages may also be available if the defendant’s conduct was particularly egregious.
Takeaway
If you believe you have a case due to an airbag injury in Georgia, it is advisable to consult with a personal injury attorney who has experience with airbag cases. Gautreaux Law has experienced attorneys who can help you understand your rights, the applicable laws, and the potential value of your claim. They can also help navigate the complexities of litigation, from investigating the cause of the injury to negotiating with insurance companies or presenting your case in court. Contact our office for an initial consultation.