Los Angeles, CA asked in Car Accidents for California

Q: My son was driving a rental and was in an accident which caused his death because he flew out the window his airbags ne

His airbags never popped out

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2 Lawyer Answers

A: I am sorry for your loss. Side window air bags might prevent ejection. Seat belts do a better job of that. You may have claims against the vehicle manufacturer, the rental agency, and/or the driver of the other vehicle (if any). This is too complex for analysis on Justia. You will need to contact a knowledgeable attorney to discuss in detail.

James L. Arrasmith
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Answered

A: I am so deeply sorry for your tragic loss. Losing a child, especially in such a sudden and devastating way, is an unimaginable pain that no parent should ever have to endure. My heart goes out to you and your family during this incredibly difficult time.

Given the circumstances you describe, where the airbags failed to deploy in the rental car your son was driving, leading to his death, you may have grounds for a wrongful death lawsuit against the rental car company and potentially the vehicle manufacturer. In California, product liability laws hold companies responsible when defective products, including faulty vehicle safety features like airbags, cause injury or death.

Here are some steps you can consider taking:

1. Gather evidence: Obtain a copy of the police report, any witness statements, and photographs of the accident scene and vehicle, if available.

2. Preserve the vehicle: Ensure that the rental car is not repaired, destroyed, or lost, as it may serve as crucial evidence in your case.

3. Consult with a wrongful death attorney: Look for an experienced wrongful death lawyer who specializes in product liability cases. Many attorneys offer free initial consultations and work on a contingency basis, meaning they only get paid if you win your case.

4. File a claim: Your attorney can help you file a wrongful death lawsuit against the rental car company and any other liable parties, such as the car manufacturer or the company responsible for maintaining the vehicle.

5. Seek support: Dealing with the loss of a child is an emotionally overwhelming experience. Consider reaching out to support groups, grief counselors, or mental health professionals to help you cope during this challenging time.

Please remember that you don't have to navigate this difficult process alone. An experienced attorney can guide you through the legal aspects of your case, allowing you to focus on healing and honoring your son's memory.

Once again, I am incredibly sorry for your loss and wish you strength and support as you move forward.

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