Airbags have become a fundamental safety feature in modern vehicles, offering crucial protection during collisions. However, when airbags don’t deploy during a car accident, the consequences can be life-altering, often resulting in serious injuries or fatalities that could have been prevented. 

When this happens, questions immediately arise as regards:

  • “When should airbags deploy?”
  • “What causes airbags to fail?”
  • “Can a car company be held responsible if the airbags deployment does not occur as expected?”

If you or a loved one were injured in a crash and the airbags didn’t deploy, understanding your rights is essential. At Craig Swapp & Associates, a trusted product liability law firm serving Utah, Idaho, Washington, Montana, Oregon, Wyoming, Colorado, and Arizona, our experienced product liability attorneys are dedicated to helping injured victims pursue legal compensation after the accident. 

Here’s what you need to know about a car company’s liability when airbags didn’t deploy in a car accident.

When Should Airbags Deploy in a Car Accident?

Airbags are designed to deploy under specific circumstances, offering protection by cushioning occupants from striking hard surfaces. 

But when should airbags deploy? The answer lies in a combination of factors: the type of collision, the severity of impact, and the sensors in the vehicle.

Generally, airbags are engineered to deploy in moderate to severe frontal or near-frontal crashes. According to the National Highway Traffic Safety Administration (NHTSA), the speed at which airbags deploy is usually when the collision force is equivalent to hitting a solid barrier at about 8 to 14 miles per hour or higher. The speed at which airbags deploy is critical because even at relatively low speeds, unrestrained occupants can suffer serious injuries.

Side and Curtain Airbags

It’s not just frontal airbags that matter. Many vehicles now include side-impact and curtain airbags designed to deploy during side collisions or rollovers. The conditions under which these airbags deploy vary, often depending on the angle, speed, and type of impact.

Sensor and System Function

The system relies on crash sensors that assess variables like speed, direction, and severity to determine whether airbag deployment is warranted. If any of these sensors fail or do not detect a collision that meets deployment thresholds, the airbags may not deploy.

If your airbags didn’t deploy during a crash where deployment was expected (such as a direct frontal impact at or above 8-14 mph), you may have grounds to pursue a product liability claim.

Common Reasons Why Airbags Fail to Deploy in Accidents

There are several reasons why airbags didn’t deploy in a car accident, some of which are legitimate, while others signal possible vehicle or manufacturer defects.

  • Non-Qualifying Crash Circumstances: Not every accident requires airbag deployment. For example, if the collision involved a minor fender-bender or a low-speed impact, the system may have accurately judged that deployment was unnecessary.
  • Sensor Malfunction: Crash sensors play a crucial role in airbag deployment. If these sensors are faulty or improperly calibrated, they may not signal the airbag to deploy, even in situations where it should have. This can result from defective design, manufacturing errors, or improper installation.
  • Electrical or System Failure: Electrical problems, including wiring defects or battery disconnection during the crash, can prevent airbags from deploying. In some cases, recalls have been issued for electrical defects affecting airbag systems.
  • Airbag Defects or Design Issues: Sometimes the airbag itself is defective, due to poor design, substandard materials, or assembly errors. In these instances, airbag deployment might not occur as intended, or the deployment may be delayed or partial.
  • Previous Airbag Deployment Not Replaced: If a vehicle was previously in an accident and the airbag system was not properly replaced or reinstalled, this can cause the system to fail in a subsequent crash.
  • Manufacturer Recalls: Certain airbags, such as those made by Takata, have been subject to massive recalls due to defects that could cause them to not deploy, or even deploy explosively. Vehicle owners may not always be notified or may ignore recall notices.
  • Aftermarket Modifications: Unauthorized or poorly executed modifications to a vehicle can interfere with the airbag system, affecting its ability to deploy in an accident.

Regardless of the cause, if airbag deployment didn’t occur when it should have, it is crucial to investigate the root cause, as some failures indicate manufacturer or product liability.

What to Do Immediately After a Car Accident and if Airbags Failed to Deploy 

If you find yourself in a situation where your airbags didn’t deploy during an accident, taking certain steps can help protect your health and legal rights.

  • Seek Immediate Medical Attention: Even if you feel fine, get a full medical evaluation. Some injuries may not be immediately apparent, and documentation is critical for any potential claim.
  • Document the Accident Scene: Take photos and videos of the accident scene, your vehicle (especially the dashboard, steering wheel, and airbag areas), and any visible injuries. Note any warning lights on your dashboard after the crash.
  • Obtain a Police Report: Request the official police report from the responding officers. The report may contain valuable information about the crash circumstances and can support your claim.
  • Preserve the Vehicle: Do not repair, sell, or dispose of your vehicle before it has been examined by a qualified professional or your attorney. The vehicle itself is crucial evidence in any product liability case related to airbag deployment.
  • Notify Your Insurance Company: Inform your insurance company about the incident, including the fact that the airbags didn’t deploy. Be cautious with your statements and avoid admitting fault.

Contact an experienced product liability attorney as soon as possible. Early legal guidance can help preserve evidence, build your case, and pursue fair compensation.

Cases When a Car Company Is Legally Liable for Malfunctioned Airbags 

Establishing legal liability against a car manufacturer or related entity requires more than simply showing that airbags didn’t deploy. Under U.S. product liability laws, certain circumstances must be met for a successful claim.

  • Defective Design: A car company can be held liable if the airbag system’s design is inherently dangerous or fails to function as a reasonable consumer would expect. For example, if the system does not deploy at the expected speed or under the right conditions, this may indicate a design flaw.
  • Manufacturing Defect: A defect in the production process, such as subpar assembly, improper installation, or the use of faulty components, can lead to airbag system failure. In these cases, the vehicle may not conform to the manufacturer’s own specifications, and the company may be responsible.
  • Failure to Warn: If the car company failed to provide adequate instructions or warnings about the airbag system, such as failing to alert consumers about known defects or providing misleading information about when airbags should deploy, this can lead to liability under the “failure to warn” doctrine.
  • Breach of Warranty: Vehicle warranties often guarantee that safety systems, including airbags, will function as intended. If airbags didn’t deploy and the company failed to honor its warranty, you may have a valid legal claim.
  • Negligence: If a car company acts negligently, by failing to issue timely recalls, not properly testing airbag systems, or ignoring known safety issues, it may be liable for resulting injuries.

The Takata airbag recall is a high-profile example where manufacturers faced extensive lawsuits after airbags failed or malfunctioned, resulting in injuries and fatalities.

How to Prove a Car Company’s Liability for Defective Airbags 

Proving liability in an airbag deployment case requires gathering strong evidence and often the expertise of engineering or accident reconstruction professionals.

  • Preserve and Inspect the Vehicle: The first step is securing the vehicle and arranging for an inspection by a qualified professional. Specialists can analyze whether the system failed due to a design or manufacturing defect.
  • Obtain Crash Data: Modern vehicles are equipped with event data recorders that capture key information about a crash, including speed, impact direction, and airbag deployment signals. This data can be critical to understanding why airbags didn’t deploy.
  • Review Recall and Service History: Checking for existing recalls, service bulletins, or previous repairs related to the airbag system can reveal whether the manufacturer was aware of an issue or failed to address it.
  • Gather Medical Records: Medical documentation establishes the severity of your injuries and their connection to the lack of airbag deployment.
  • Expert Testimony: Engineers, crash reconstructionists, or safety experts can provide technical opinions regarding whether airbags should have deployed in your accident and whether a defect was present.
  • Comparative Case Review: Looking at similar incidents, such as other complaints involving the same vehicle make and model, can strengthen your claim that a widespread defect exists.
  • Chain of Custody and Evidence: Maintain a clear record of the vehicle’s handling from the time of the crash through inspection. Any tampering or loss of evidence can weaken your case.

Potential Compensation You Can Recover from the Car Company 

If you successfully prove that a car company’s negligence or a defect caused your injuries because airbags didn’t deploy, you may be entitled to significant compensation.

  • Past and future medical costs
  • Lost wages and loss of future income
  • Pain and suffering
  • Disability and Disfigurement
  • Property Damage
  • Punitive Damages
  • Other Out-of-Pocket Expenses

The amount and types of compensation available can vary significantly depending on the laws of your state. Each has unique statutes regarding product liability claims, statutes of limitations, and damage caps. Consulting a local product liability attorney ensures you understand your rights in your jurisdiction.

How a Product Liability Attorney Can Help Handle Your Case

Pursuing a case against a car company for an airbag that didn’t deploy is a challenging process that requires legal skill, technical expertise, and access to resources.

  • Case Evaluation: A product liability attorney will assess your case to determine whether you have grounds for a claim and identify all potentially liable parties.
  • Evidence Collection: Attorneys can secure your vehicle, hire engineers to inspect the airbag system, gather crash data, and collect supporting documentation.
  • Negotiation and Litigation: Experienced attorneys are skilled negotiators and are prepared to take your case to trial if a fair settlement cannot be reached.
  • Maximizing Your Compensation: Your attorney’s goal is to ensure you receive the full compensation you are entitled to under the law, accounting for all current and future losses.

If your airbags didn’t deploy when they should have, you may have grounds to pursue compensation from the car company or manufacturer responsible for the defect. Knowing your legal options and acting swiftly can make all the difference in the outcome of your product liability claim.

If you or a loved one has been injured in a crash and the airbags didn’t deploy, consult with a qualified product liability attorney at Craig Swapp & Associates for the support you need during this challenging time. Call us at (866) 779-8789 or fill out our contact form to schedule your free consultation.

Written By: Ryan Swapp     Legal Review By: Craig Swapp