Glenview, Illinois 60025
Can I Sue if My Airbags Didn’t Deploy During an Illinois Car Accident?
Airbags are designed to reduce the severity of injuries during a car crash, but what happens if they fail to deploy when you need them to? If you were injured in an accident and your airbags malfunctioned, you may be wondering where to begin as you try to navigate the process of getting compensation in a personal injury claim.
Since airbag systems are part of a vehicle’s safety equipment, their performance can affect the outcome of an injury case. You may be able to bring a claim against the other driver, the airbag manufacturer, and sometimes even a car dealership. To learn more about how airbag failure can impact your unique case, speak with an experienced Cook County, IL personal injury lawyer.
When Can You Sue for Airbag Failure in Illinois?
In Illinois, most car accident injury claims are based on negligence. If another driver caused the crash, you can pursue compensation from that driver’s insurance, regardless of whether your airbags deployed. However, if an airbag system failed to function and that made your injuries worse, there might be an additional layer of liability.
Airbag failure could lead to a product liability claim if the system was defective. This includes cases where:
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The airbag should have deployed in a moderate or severe crash, but did not
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The airbag had a design flaw or malfunctioned
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The airbag sensor was faulty
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The system was improperly installed or maintained by a repair shop or dealership
Under Illinois product liability law, manufacturers can be held strictly liable if a defective part caused you injury. This means you do not have to prove negligence, only that the product was unreasonably dangerous and directly contributed to your injuries.
How Do You Prove the Airbag Should Have Deployed?
Not every collision triggers airbag deployment. Airbags are typically designed to deploy in frontal or near-frontal crashes that happen at a speed that is faster than a certain minimum limit (usually between 10 and 20 mph). If your accident involved a side impact, rear-end collision, or low-speed crash, the airbag may not have been designed to deploy.
However, if your crash meets the criteria for airbag operation and your injuries are more severe because the airbag did not work, this could warrant an investigation. Engineers or accident reconstruction experts can review crash data, vehicle damage, and the airbag system to determine whether a defect occurred.
What Compensation Could Be Available if Faulty Airbags Made Your Injuries Worse?
If airbag failure contributed to your injuries, you may be entitled to compensation for medical expenses, lost income and reduced earning capacity, pain and suffering, disability or disfigurement, and emotional distress. If you can prove that your airbags were defective, you may be able to pursue damages from the manufacturer, parts supplier, or maintenance provider responsible for the faulty system.
Contact a Northbrook, IL Personal Injury Lawyer
If you were injured in a crash and your airbags did not deploy, a Cook County, IL car accident attorney at Gruzmark Law, Ltd. can review your case, determine whether a defect or negligence played a role, and help you pursue the full compensation you deserve. We offer free consultations, and we speak Russian, Mongolian, and Spanish. Call 847-729-7660 today to get started.