Although car accidents are already rather severe, a defective airbag can make things much worse. When airbags fail, injuries can be so severe they could kill the victim. If you believe there was a defective airbag during the accident, you should act immediately. This will protect your legal rights and guarantee you get the compensation you are due.
Although the purpose of airbags is to shield you in the event of a crash, defective airbags may do the opposite. Knowing what to do and how to handle the legal and insurance concerns that will surface subsequently is crucial. Getting compensated for the injuries and damage you have endured depends on the actions you take. Here are the actions you need to take if you find yourself in such a situation.
Immediate Actions After an Accident
Make sure you document the scene of the accident and your vehicle in detail. This entails photographing the wrecked car and focusing especially on the airbags. Whether they failed to deploy or were inflated incorrectly, visual evidence is very essential.
Photographs and detailed notes will help you to remember a lot of details about the accident. Take note of any strange behavior from the airbags or the car. Get the contact details of the witnesses if possible. What they say could be valuable in court, should you choose to sue the manufacturer.
Preserve the Evidence
If you believe there is a defect, maintaining the same state of your car as it was in after the accident is vital. Do not fix or alter the car until it has been inspected by a professional. The defective airbag is a crucial piece of evidence; any manipulation could complicate your ability to prove the defect later. Tell your insurance company and attorney not to touch the car until the investigation is over.
By preserving the state of your vehicle, experts will be able to examine the airbags, crash sensors, and other associated components. This examination will help them identify any manufacturing defect or poor installation-related cause of the issue.
Seek Medical Attention
Even if your injuries seem minor, you should always see a doctor after a car accident. This is particularly important should your airbags malfunction. Certain injuries, such as internal bleeding or soft tissue damage, might not be evident at first. A comprehensive medical examination is important for your health and future claims, as it ensures that all of your injuries are well documented.
Medical records help to prove whether the defective airbag caused or aggravated your injuries. Save copies of all your diagnoses, treatment plans, and medical bills. You will need them when you go to court to get compensated.
Consult an Attorney Specializing in Defective Products
When airbags fail, there are sometimes complex legal and technical parts you have to deal with. Moreover, it can be difficult to hold manufacturers liable. It is thus highly advised that you contact a lawyer with product liability expertise. A lawyer can guide you through the entire process, which includes obtaining evidence, contacting manufacturers, and submitting any necessary claims.
Your attorney might prove that the airbag malfunction caused your injuries by collaborating with crash experts and auto engineers. These professionals can replicate the crash to demonstrate how poorly the airbag operated compared to how it ought to have. If you present a strong case, youare more likely to be compensated for your injuries.
Filing a Product Liability Claim
Should a defective airbag cause an injury, you may be eligible to file a product liability lawsuit. This claim holds the manufacturers, suppliers, and retailers liable for the damage. For a successful claim, you must prove that the airbag was defective and that this defect caused your injuries.
Regarding airbags, there are three main categories of product liability lawsuits: manufacturing defect, design defect, and failure to warn. An experienced attorney can assist you in determining the type of claim that fits your situation. They would also help you in compiling the data required to support your claim.
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