Airbag FAQs

An airbag injury lawyer answers frequently asked questions.

Our Indianapolis car accident lawyers help thousands of clients secure financial damages after vehicle accidents. We hear many of the same questions from clients about airbags, so we’ve provided answers here.

Do Airbags Save Lives?

Airbags are credited with saving lives across the nation, often preventing front-seat passengers from slamming into the dashboard or hitting the steering wheel upon impact. Front airbags reduce driver fatalities in frontal crashes by 29% and fatalities of front-seat passengers age 13 and older by 32%, according to the Insurance Institute for Highway Safety (IIHS). Side airbags that protect the head reduce a car driver’s risk of death in driver-side crashes by 37% and an SUV driver’s risk by 52%.

Do Airbags Sometimes Malfunction?

Yes. There have been problems with airbags inflating accidentally, causing driver injury or death. High-profile automotive suppliers like Takata Corp. have been accused of producing defective airbags, and auto manufacturers like Toyota and Honda have issued recalls of airbags over the years for safety reasons.

Where are Airbags Placed in a Vehicle?

The most common airbags are front and side airbags. But engineers have also developed rear-window curtain airbags to protect back-seat passengers in rear-end collisions, far-side airbags to keep drivers and front-seat passengers from hitting each other in a crash, and inflatable safety belts to reduce rear-seat chest injuries.

What Companies are the Largest Manufacturers of Airbags?

Some of the largest airbag manufacturers include Autoliv Inc., Robert Bosch GmbH, Daicel Corporation, Toyoda Gosei Corporation Ltd., and Joyson Safety System.

Airbags are intended to prevent injury to drivers and passengers by inflating during a crash. But sometimes they spontaneously inflate for no reason and can cause severe injury.

Causes of Airbag Failures and Injuries

The crash sensors are the key to airbag success. If they malfunction, the airbags may not deploy when they should. On the other hand, faulty sensors can cause airbags to deploy when there hasn’t been a crash. Airbags have been known to deploy when a vehicle hits a bad pothole at high speed or when crossing railroad tracks.

Most recently, millions of vehicles worldwide have been recalled because of defective airbags which inflate suddenly and inexplicably or with such force that metal shrapnel is sent into the occupant’s face and torso. Several deaths and more than 100 injuries have been linked to Takata airbags in recent years.

Airbags can also cause injuries because of the size or position of the person in the vehicle. Children under 12 are especially at risk of air bag injuries, as are drivers of short stature because they generally sit closer to the steering wheel.

Indiana Negligence Laws

Indiana applies the legal theory of modified comparative negligence when determining fault in a personal injury claim. (Indiana Code Title 34, Section 51-2-5, et seq.). Also known as the “51% fault” rule, a person must be less than 51% at fault for a vehicle collision to file an injury claim. If you are awarded damages for your injuries, the court will reduce your recovery by the percentage of fault that is yours. For example, if it is determined that you are 10% at fault for a collision and the other party is 90% at fault and the total award is $200,000, then you will receive $180,000 (the total less 10%).

If the airbag is defective and your injury was caused by a spontaneous and unanticipated inflation, then you may be entitled to file a product liability claim.

Statute of Limitations for Personal Injury Claims

The statute of limitations on personal injury cases is two years in Indiana. This means a victim has just 24 months to file a lawsuit. The clock starts ticking on the date of the vehicle accident or injury, with just a few exceptions. If you miss this deadline, you risk having your case dismissed by a judge. The Indiana personal injury statute of limitations is codified at Indiana Code section 34-11-2-4.

There are a few exceptions to the statute of limitations. The “discovery rule” says that when a victim is not immediately aware of their injury (for example, spine injury or internal bleeding don’t present for many weeks), the clock on the statute of limitations doesn’t begin until the victim discovers, or should have discovered, that they’ve been injured. In such cases, seeking advice from a skilled spine injury lawyer in Indianapolis is crucial to navigate the legal complexities associated with delayed injury awareness.

Call an Indianapolis Airbag Injury Attorney Today

If you, a child, or other loved one has sustained serious injuries after an airbag suddenly inflates, you probably have mounting medical bills and are missing out on daily activities. Airbag injuries can even cause permanent impairment. The vehicle accident lawyers at Stephenson Rife may be able to help you obtain compensation for your injuries or loss due to a defective or malfunctioning airbag. For a free consultation, call us at (317) 785-7715.