Pasadena, CA asked in Car Accidents, Personal Injury and Products Liability for California

Q: wife injured in her car. crashed in neighbors drvway 15 ft below us. She was the driver. Car was totaled.

air bag did not deploy. shoulder belt not wrkg fractured chest bone. Knee hurt. BMW X3'19

can we sue bmw faulty safety eqpt

3 Lawyer Answers
Scott Richard Kaufman
Scott Richard Kaufman
Answered
  • Personal Injury Lawyer
  • Los Altos, CA
  • Licensed in California

A: So sorry to hear this. Yes, you can sue. Winning is always another matter, but, unlike criminal law, which requires a verdict "beyond a reasonable doubt" in civil law, you need only "more likely than not" or 50% plus a smidge. Still, they can admit fault and there be an apportioning of fault, for instance, if the driver (and this is just an example) were impaired? Maybe then the driver is 95% responsible? That would lower the ultimate amount/result by that much. Speak to an attorney asap and not so much to the insurance companies, and note, an airbag expert can be costly.

Theodore Allan Greene
Theodore Allan Greene
Answered
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: You can sue for faulty safety equipment to answer your question. But you should immediately, if you haven't already, secure the car so that an expert can examine it in the condition it was in at the time of the incident. You should sit down with a good personal injury attorney today because if you wait it will only hurt the case (potentially).

Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: yes, you can always sue...........but the critical question is whether you can prevail.

in order to do that you would probably need experts to examine the car to prove negligence. Do you still have the car?

more airbags are supposed to kick in when rear ended or being hit on side.

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