Due to the sheer speed and force that an airbag deploys, it is always possible that it can leave you with minor bruises or lacerations. But even so, these are not life-altering injuries, and the airbag saves you from incurring far worse, even death. This is, unfortunately, unless the airbag does not function properly upon the impact of your auto collision. If so, please read on to discover what injuries you can incur from an airbag and how a seasoned Miami product liability lawyer at the Law Offices of Gonzalo Funes, PA, can help you hold the negligent party responsible.
What injuries can I possibly incur from an airbag?
You may be unfortunate enough to be dealing with an airbag with a design or manufacturing flaw, installed incorrectly in your vehicle, or working with defective sensors. At any rate, it may deploy unprompted with no collision, too late after your collision, or not at all. And if this happens, you may sadly find yourself left with any of the following serious injuries:
- Traumatic brain injuries.
- Neck, shoulder, and clavicle fractures.
- Fractured ribs and injuries to the heart.
- Internal bleeding and organ damage.
- Facial disfigurements and dental trauma.
- Respiratory problems from dust/chemical deployment.
Who is the responsible party for my airbag injury?
If you believe there was some malfunction with your airbag, you may pursue a product liability claim against a third party. This may be a product manufacturer who poorly designed the airbag, a vehicle dealership that failed to inform of an airbag recall, an auto repair professional who failed to install or replace an airbag properly, etc. Rest assured, your legal representative will help evaluate the root issue with your airbag and help you assign the right party with responsibility.
However, you may have a harder time with your product liability claim if you did not take safety precautions on your own to minimize the effects of your injuries. For example, if you were not wearing a fastened seatbelt at the time. Or, if your check airbag signal was on and left ignored for days, weeks, or even months. This is because Florida has a modified comparative negligence law. This law holds that you must be 50 percent or less at fault to recover compensation, and then, your compensation may be reduced by your percentage of fault.
This is not to forget your opportunity to sue a negligent driver through a personal injury claim. For example, a driver was recklessly tailgating you, failed to stop on time, rear-ended you, and prompted your airbags to deploy. But the same modified comparative negligence law applies here. All of this to say, you must be certain that the ineffective airbag and the collision event itself were beyond your reasonable control to fix or avoid.
We understand that you must be eager to start this process. So, without further delay, please schedule your initial consultation with a competent Miami-Dade County injury lawyer from the Law Offices of Gonzalo Funes, PA, today.
