According to the Insurance Institute for Highway Safety (IIHS), airbags can reduce driver and passenger fatality rates by about 30 percent. While safety advocates often repeat these benefits, few are willing to highlight statistics that point to airbag injuries. The National Highway Traffic Safety Administration states that between 1990 and 2008, almost 300 people were killed by frontal airbags in low-speed collisions. Questionable manufacturing defects compound this safety hazard, and numerous companies have recalled defective airbags over the years. After airbag injuries, injured plaintiffs have the option to contact experienced personal injury lawyers in New Hampshire for further guidance. Consider calling (603)707-4800 to book a consultation with Friedman & Bresaw, PLLC.
What Causes Airbag Injuries?
Various factors can cause airbag injuries. While safety advocates tend to highlight mistakes made by drivers and passengers, defects and malfunctions are relatively common.
Proximity to the Airbag
Drivers and passengers positioned close to airbags at the moment of inflation experience higher injury risks. Some drivers naturally hunch over their steering wheels instead of sitting back in their seats. If these drivers crash, they may be more vulnerable to injuries due to their proximity to the airbag.
An impact may also throw drivers and passengers forward, putting their heads close to the airbag before its inflation. In this situation, the posture or sitting position of vehicle occupants before the crash is irrelevant – as they cannot control the jolting movement caused by a collision.
Shorter Individuals Are More Vulnerable
People of shorter stature are more vulnerable to airbag injuries. Again, this is something that many individuals cannot control. Although it might be possible to raise the seat in a way that limits airbag head injuries, this only provides a few inches of added height.
That being said, parents certainly have the ability to limit airbag hazards for their children. For infants and toddlers, special car seats or booster seats are legally required in New Hampshire. Depending on the age, weight, and height of the child, there may be other requirements to consider. For example, a rear-facing seat may be safer for some infants – and the front passenger seat could be unsafe for children under a certain height.
Manufacturing or Design Defects
After 1998, federal agencies began regulating the energy emitted by front airbags. This “depowering” reduced the number of head injuries from frontal airbags. Further improvements came in 2007 with advanced airbag requirements, including weight sensors. While these improvements are encouraging, they mean that airbag injuries are more likely for occupants of older vehicles (especially those manufactured before 1998).
Airbag defects can take many forms. Even after the regulations of 1998 and 2007, manufacturers continue to produce faulty airbags. A particularly serious recent issue involves the “inflator” component of many airbags, which can be explosive if manufactured negligently. Many consumers have no idea that airbags use highly explosive and harmful gases. Without these explosive substances, airbags cannot inflate fast enough to prevent injuries. Other airbag defects include:
- Faulty impact sensors
- Faulty weight sensors
- Corrosion
- Faulty electronics
- Incorrect light indicators
- Issues with gases and chemicals
Types of Airbag Injuries
Airbag injuries can occur in many different ways. Depending on the nature of their injuries, plaintiffs may incur various damages.
Traumatic Brain Injuries
Traumatic Brain Injuries (TBIs) represent one of the most serious consequences of airbag accidents. A knock to the head can shake the brain to such an extent that it impacts the interior of the cranial wall – causing bruising to the brain. This is called a “hematoma,” and it can be life-threatening. Patients may also experience concussions that lead to memory loss and brain damage. Another potential consequence is an intracranial hemorrhage – commonly known as a “brain bleed.” This injury can also be fatal due to increasing pressure caused by accumulating blood.
Chemical Airbag Injuries
The explosive and toxic gases used in airbags can cause additional injuries. If these gases leak due to tears or ruptures, the consequences can be quite serious. Facial disfigurement is certainly possible. Some of these chemicals can burn the skin, causing scars and blemishes that never truly fade. Patients who experience these issues may wish to pursue additional levels of compensation for disfigurement, which is legitimate non-economic damage in New Hampshire.
Facial Injuries
Even if airbag gases never come into contact with drivers, they may still experience various facial injuries. Friction burns are common, and they occur when the surface of the airbag rubs across the face at high speed – potentially causing disfigurement. The explosive nature of airbags may also cause temporary or permanent blindness. Finally, there have been many documented cases of people losing teeth after airbags impact to the facial area.
What Are My Legal Options After Airbag Injuries?
After airbag injuries, plaintiffs may have various legal options. Perhaps the most obvious route is to file a product liability lawsuit against the airbag manufacturer. In many cases, dozens or even thousands of plaintiffs join class-action lawsuits against manufacturers of defective airbags. New plaintiffs may be able to join these class actions with ease.
Another option is to file a lawsuit against a negligent driver who caused the accident. Even if a plaintiff suffers airbag injuries, they may be able to pursue compensation from a negligent driver rather than a manufacturer. Negotiating a settlement with an auto insurance company could be relatively straightforward, and a trial may be unnecessary. Consider discussing these legal options with an experienced personal injury law firm in New Hampshire – such as Friedman & Bresaw, PLLC.
Contact Friedman & Bresaw, PLLC
Many injured motorists are not aware of their legal rights after airbag injuries. Head injuries can easily cause amnesia (memory loss), and a driver might not remember the moment at which a defective airbag struck them. If a driver even remotely suspects that their injuries might have been caused by a defective airbag, this possibility is worth exploring. A personal injury attorney in New Hampshire can help drivers confirm these suspicions, gather evidence, and take further legal action. To work alongside an experienced airbag injury lawyer, consider contacting Friedman & Bresaw at (603)707-4800.
