Frontal airbags have saved 50,457 lives for over 30 years. Regardless of this fact, when a serious car accident occurs, most people expect airbags to deploy instantly, offering crucial protection from severe injury or worse. But airbag systems don’t always function as intended.

Following a crash where your airbags didn’t deploy, you might be left with not only physical injuries but also significant questions and concerns about your legal options. Acting immediately and seeking an experienced product liability lawyer, you may have grounds to pursue compensation from negligent manufacturers, suppliers, or other liable parties.

Whether you’re in Utah, Idaho, Washington, Montana, Oregon, Wyoming, Colorado, or Arizona, understanding the critical steps to take and your rights under product liability laws is important.

Learn why airbags sometimes fail, what you can do legally, and how to protect your interests if an airbag didn’t deploy in a car accident.

How Are Car Airbags Supposed to Work During an Accident?

Modern vehicles are equipped with sophisticated airbag systems designed to deploy in moderate to severe collisions, providing an essential layer of protection. Airbags are part of a Supplemental Restraint System (SRS) and work in tandem with seatbelts to reduce the risk of head, neck, and chest injuries.

When a collision occurs, sensors detect sudden deceleration and send signals to the airbag control module. This triggers a chemical reaction, rapidly inflating the airbag within milliseconds. The deployment cushions the impact for occupants, minimizing contact with the steering wheel, dashboard, or windows.

Airbag systems in vehicles sold in the United States must comply with federal standards, including those set forth in the Federal Motor Vehicle Safety Standards (FMVSS) No. 208. These standards specify the types of crashes that should trigger airbag deployment, the minimum speeds involved (typically frontal collisions over 8-14 mph), and proper functionality for both drivers and passengers.

Despite these regulations, airbags sometimes fail to deploy due to defects, sensor malfunctions, or other reasons, often leaving injured drivers and passengers at a loss. If you discover your airbags didn’t deploy in an accident, it’s essential to determine whether the airbag system failed due to a manufacturing issue, design flaw, or improper installation.

Can You Sue for Defective Car Airbags?

If your airbags didn’t deploy during a crash and you suffered injuries as a result, you may have grounds for a product liability claim against the manufacturer, designer, or installer of the airbag system. 

U.S. product liability law holds manufacturers strictly liable for injuries caused by defective products:

  • Design Defects: Occur when the airbag system is inherently unsafe due to its design, regardless of how well it’s made.
  • Manufacturing Defects: Result from errors during the production process, such as faulty wiring, sensor failure, or improperly installed components.
  • Failure to Warn: Manufacturers are required to provide adequate instructions and warnings about the proper use and limitations of airbags. Failing to do so can result in liability if injuries occur.

To successfully pursue a claim when an airbag didn’t deploy in a car accident, you must generally show:

  • The airbag was expected to deploy under the circumstances of your accident.
  • The failure to deploy resulted from a defect or negligence.
  • The non-deployment caused or worsened your injuries.

It is possible to file claims against multiple parties, including automakers, airbag suppliers, and dealerships. These cases often require technical investigations, expert testimony, and legal experience to navigate.

​​Liability for Airbag Deployment Error During an Accident

Determining liability when airbags didn’t deploy can be complex. 

Several parties could potentially be responsible, including:

  • Vehicle Manufacturers: If the car was built with defective airbags or an unsafe airbag system, the manufacturer may be liable under strict product liability.
  • Parts Suppliers: Airbag systems are often sourced from third-party suppliers. If the defect can be traced to a supplier, they could share liability.
  • Dealerships and Repair Shops: If improper installation or repairs contributed to the failure, these parties might also be held responsible.
  • Previous Owners: In cases where modifications or tampering with the airbag system by a previous owner caused the failure, liability might shift depending on circumstances.

State laws generally follow similar principles in holding manufacturers strictly liable for injuries caused by defective products. However, some states have unique procedural requirements or limits on damages. To establish liability, evidence such as the vehicle’s event data recorder (black box), airbag module analysis, crash scene photographs, and expert analysis is often required. 

Common Reasons Why Airbags Fail to Deploy

There are a variety of reasons why an airbag didn’t deploy in accident situations, and not all of them involve defects. 

However, a significant number involve errors or malfunctions that can lead to product liability claims.

  • Sensor Malfunction: Sensors are responsible for detecting crash severity and sending deployment signals. Faulty sensors can prevent airbags from deploying even in severe accidents.
  • Electrical or Wiring Issues: Damaged wiring, poor connections, or corroded electrical components can disrupt communication between the sensors and the airbag module.
  • Defective Airbag Modules: The airbag control unit, which manages deployment, may be defective due to design flaws, manufacturing errors, or improper programming.
  • Improper Repairs or Modifications: Unapproved repairs or modifications, such as using aftermarket parts or failing to reset the airbag system after a previous deployment, can interfere with the proper function of airbags.
  • Non-Qualifying Collision Circumstances: Airbags are designed to deploy only in certain types of accidents, such as moderate-to-severe frontal impacts. In low-speed or side-impact collisions, the system may not trigger deployment, as per FMVSS guidelines.
  • Prior Deployment: If airbags have deployed previously and were not properly replaced or reset, they may fail to deploy in a subsequent accident.
  • Manufacturing Recalls: Vehicles affected by airbag recalls, such as the well-known Takata airbag recall, may have faulty inflators or components. Failing to address recall notices can leave vehicles vulnerable.

Understanding the reason for airbag non-deployment is critical. If a defect or error is suspected, having your vehicle examined by a certified expert can help determine the cause and strengthen your legal case.

Common Injuries Resulting from Non-Deployment of Airbags

When airbags don’t deploy during a collision, occupants are left without the crucial protection these devices are meant to provide. 

This can result in a higher risk of severe injuries, including:

  • Head and Brain Injuries: Without airbag cushioning, occupants may strike the steering wheel, dashboard, windshield, or side windows, leading to traumatic brain injuries (TBIs), concussions, skull fractures, and facial injuries.
  • Chest and Torso Injuries: Airbags are designed to absorb the force of impact and prevent rib, lung, and heart injuries. Non-deployment increases the likelihood of broken ribs, internal bleeding, and cardiac injuries.
  • Spinal Cord Injuries: The jolt of an unbuffered collision can cause spinal cord injuries, herniated discs, or paralysis, depending on the severity of impact and the location of the crash.
  • Broken Bones and Orthopedic Injuries: Arms, legs, and pelvis can be fractured if an occupant is thrown against the vehicle’s interior.
  • Lacerations and Soft Tissue Injuries: Broken glass or contact with hard surfaces can result in deep cuts, bruises, and significant soft tissue damage.

Prompt medical attention is vital after any crash, especially if the airbag failed to deploy. Not only does this safeguard your health, but it also creates documentation that supports your legal claim.

Damages You Can Recover for After an Airbag Didn’t Deploy

If you or someone you know suffered injuries because their airbags didn’t deploy, you may be entitled to compensation from the responsible party through a product liability or personal injury claim. 

Damages can include:

  • Medical Expenses: Compensation for current and future medical bills, including emergency care, hospitalization, surgeries, rehabilitation, medications, and therapy.
  • Lost Wages and Income: If injuries prevent you from working, you can recover lost income and future earning capacity.
  • Pain and Suffering: Physical pain, emotional distress, and loss of enjoyment of life are considered non-economic damages that can be claimed.
  • Property Damage: You can claim the cost to repair or replace your vehicle and any personal property damaged in the crash.
  • Permanent Disability or Disfigurement: If the non-deployment led to lasting impairment or scarring, compensation may be increased.
  • Wrongful Death Damages: If a loved one dies as a result of an airbag deployment error, certain surviving family members can seek damages for funeral expenses, loss of companionship, and financial support.

The amount and type of personal injury damages you can recover will vary by state law and the circumstances of the crash. In some cases, punitive damages may be awarded if the manufacturer’s conduct was especially reckless.

Statute of Limitations for Product Liability Claims

Time limits for bringing a legal claim after an airbag didn’t deploy in an accident are strict and vary by state. These deadlines are called the “statute of limitations.” Missing the deadline can permanently bar your right to recover compensation.

Here are some general statutes for the states our firm serves:

  • Utah: 2 years for product liability claims
  • Idaho: 2 years for product liability claims and a 10-year statute of repose
  • Washington: 3 years for product liability claims and a 12-year statute of repose

These statutes may have exceptions or specific procedural requirements, such as “discovery rules” that start the clock when you discovered or should have discovered the defect. Acting quickly and consulting an accident lawyer ensures you meet all deadlines.

How Can a Product Liability Lawyer Help After the Crash?

Dealing with the aftermath of a collision where airbags didn’t deploy is overwhelming, especially when you’re coping with injuries, insurance adjusters, and complex product liability laws. This is where the help of a skilled product liability lawyer becomes invaluable.

  • Investigation and Evidence Preservation: A lawyer can secure your vehicle for inspection, consult automotive experts, and obtain black box data to establish why the airbag failed.
  • Identifying Liable Parties: Experienced attorneys know how to identify all parties potentially responsible – automakers, airbag manufacturers, suppliers, repair shops, or even previous owners.
  • Navigating Insurance and Manufacturers: Automotive companies and insurers often have powerful legal teams. A dedicated attorney levels the playing field, ensuring your rights are protected during negotiations and, if necessary, in court.
  • Calculating Full Damages: A lawyer can assess your medical bills, lost wages, future care needs, pain and suffering, and property damage to pursue the maximum compensation you’re entitled to.
  • Filing a Lawsuit and Handling Litigation: If negotiations fail, your lawyer can file a lawsuit, handle all court filings, and present your case in front of a judge or jury.
  • Contingency Fee Representation: Most personal injury law firms, including us, work on a contingency fee basis. This means you pay nothing upfront, and your lawyer only gets paid if you win your case.

If you or a loved one has suffered injuries in a crash where airbags didn’t deploy, don’t assume you are without options. Craig Swapp & Associates has helped countless accident victims across Utah, Idaho, Washington, Montana, Oregon, Wyoming, Colorado, and Arizona fight for justice when an airbag didn’t deploy in accident situations. 

Call us today at (866) 316-5293 or fill out our contact form to schedule your free consultation and speak with a dedicated product liability lawyer who can review your case and help you move forward with confidence.

Written By: Ryan Swapp     Legal Review By: Craig Swapp