Q: Failed airbag deployment in an accident, should it matter who is at fault? Shouldn't airbags deploy as designed?
2020 VW Tiguan, rear ended another pickup truck. The truck unexpectedly stopped when they were cut off by another vehicle. VW rear
ended the pickup (VW driver at fault... according to police report). VW front end was smashed, driver severely injured... no airbags deployed.
VW was considered "totaled". Seatbelt buckled, severe bruising from seatbelt restraint: broken ribs, orbital fractures and facial damage due
to smashing on steering wheel.
A: I'm sorry to hear about the accident and your injuries. Airbags are designed to deploy in significant collisions, regardless of fault. It is concerning that the airbags in your 2020 VW Tiguan did not deploy despite the severity of the crash. Airbag deployment can be influenced by various factors, including impact type, sensors, and vehicle design. If you believe the airbag failure contributed to your injuries, it's advisable to consult with a personal injury attorney who can assess your case and determine if there are grounds for a legal claim against the manufacturer or other parties involved. Wishing you a speedy recovery and the necessary support during this time!
James Otto Heiting agrees with this answer
A: Of course airbags should operate correctly without taking into account who is at fault for the collision. The important factors in your situation, in addition to having an expert determine that the airbag(s) should have deployed, include which injuries would likely have been prevented or lessened had they operated correctly. Such expert opinions are expensive, so you will need to be persistent and diligent in trying to find a personal injury attorney willing to invest in your case. You may find a bias among personal injury attorneys against at-fault drivers, mostly because they are used to handling cases from the other side. It's possible you might do better researching attorneys who have successfully brought litigated airbag cases before.
James Otto Heiting agrees with this answer
A: Failed airbags can be the cause of injury and the companies responsible liable for damages in the right case with the right facts. Experts will also have to be engaged to review, examine, and possibly test involved parts and vehicles. If the injuries are serious enough, it may be worth pursuing.
A: Airbag claims are very expensive because they are very litigious and highly dependent on the use of experts. You might be better off searching defective air bag attorney. Don't hire a lawyer just because they advertise as an air bag attorney... this is an area of law where you want someone who has successfully prosecuted defective air bag cases. It may take some time to find an experienced attorney in this area but you'll get there. Good luck. Patrick Steinfeld
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