In Orange County, car accidents often result in unexpected injuries due to airbag deployment. MLG Personal Injury & Accident Lawyers specialize in airbag injuries. Airbags sometimes cause harm for various reasons. These include manufacturing defects or improper installation. Our law firm understands the complexity of these cases. Our team provides expert legal support to protect your rights.
After a car accident, seek medical care as soon as possible. Then, if you have concerns about airbag defects, we can help you. Our California airbag injury lawyers know how defective airbag systems can worsen car crashes. An airbag deployment failure can lead to significant medical bills. Sometimes, exploding airbags can lead to life-threatening injuries.
Learn more about common causes of airbag failure below. Then, contact us to schedule a free consultation with our California defective airbag attorney.
Why You Need an Orange County Airbag Injury Lawyer After an Auto Accident
Expertise in Airbag Cases: Airbag injury cases require specialized knowledge. Our lawyers understand the technical aspects of airbag deployment and can identify when an injury is due to a defect or malfunction.
Navigating Legal Complexities: These cases involve intricate laws and regulations. Our team is proficient in navigating these complexities, ensuring your case is handled correctly.
Maximizing Your Compensation: We aim to secure maximum compensation for your injuries. Our lawyers tactfully negotiate fair settlements for future medical expenses.
Dealing with Insurance Companies: Insurance companies often try to minimize payouts. Our experienced attorneys know how to counter their tactics effectively.
Support Through Recovery: We provide support throughout your recovery process. We help ease the stress and burden of the legal proceedings.
Types of Airbag Injuries
Airbag injuries, although meant to protect, can cause significant harm. These injuries often occur during high-impact collisions where the airbag deploys with immense force. They can range from minor abrasions to more severe injuries, including fractures or internal trauma.
Injuries from the force of an airbag can be quite severe. They often include facial trauma, broken bones, and even injuries to the eyes or ears. The force of deployment can also cause whiplash or spinal injuries. In severe cases, the impact can lead to more serious conditions like concussions or brain damage.
Defective Airbag Injuries
Defective airbags can malfunction, causing unexpected and often severe injuries. These defects might include issues with the airbag's sensor, causing delayed or failed deployment. In other cases, the airbag might deploy with excessive force or in situations where it's not necessary, leading to injuries.
Common Causes of Airbag Injuries
Airbag injuries can arise from several factors, each with its legal implications. Understanding these causes is key to determining liability and pursuing compensation.
Design flaws in airbags can be a primary cause of injuries. If the design of the airbag system is flawed, it may deploy improperly or not at all during a crash. These flaws can lead to severe injuries that could have been prevented with a proper design.
One of the biggest examples of design flaws is the Takata airbag recall. The Takata airbag recall is one of automotive history's largest and most complex safety recalls. It involves defective airbag inflators that can explode upon deployment, sending shrapnel into the vehicle's cabin and posing serious risks to occupants. A few key points to note include:
The Takata airbag recall has affected over 100 million vehicles worldwide, involving many major car manufacturers.
The issue centers around the airbag's inflator, a propellant metal cartridge that can degrade over time, especially in high-humidity areas.
Reported incidents have linked the defective Takata airbags to numerous injuries and deaths globally.
The recall has led to significant financial impacts and legal consequences for Takata, culminating in the company filing for bankruptcy.
Vehicle owners are urged to check their vehicle's recall status and have the defective airbags replaced immediately for safety. Remember that this is just one example of potential airbag problems. If you have concerns about your airbags, reach out to our team.
Manufacturing defects occur when errors are made during the production of airbags. These defects can result in faulty airbags, potentially leading to injuries during a crash. Examples include issues with the airbag's fabric, propellant, or triggering mechanism.
Failure To Deploy
Sometimes, airbags fail to deploy during an accident, leaving occupants without the expected protection. This failure can result from sensor, electrical, or other system malfunctions. When an airbag doesn't deploy, the consequences can be severe, especially in high-impact collisions.
Late deployment of airbags can be as dangerous as their failure to deploy. If an airbag deploys late during a collision, it can catch the occupant in an unsafe position, leading to serious injuries. Timely deployment is critical for the effectiveness and safety of airbags.
Legal Basis for Airbag Injury Claims
In airbag injury cases, the legal basis typically revolves around product liability and negligence claims. Understanding these legal grounds is essential for a successful lawsuit.
Product Liability Law
Design Defects: Design defects in airbags can render them ineffective or harmful. Proving a design defect requires showing that the airbag's design inherently caused it to be unsafe. This process involves technical analysis and expert testimony to demonstrate the design flaw and its link to the injury.
Manufacturing Defects: Manufacturing defects occur when airbags are improperly made, leading to malfunction. To prove a manufacturing defect, the evidence must show that the airbag was faulty due to errors in the production process. This claim often relies on forensic analysis of the airbag and manufacturing records.
Failure To Warn: Manufacturers must warn consumers about potential risks associated with their products. Airbag cases may involve inadequate instructions or warnings about safe usage. Proving failure to warn involves demonstrating that the lack of proper warnings contributed to the injury.
Duty of Care: Manufacturers and installers of airbags have the accountability to exercise a duty of care to guarantee their products are safe. This duty includes proper design, manufacturing, and installation. Establishing a negligence claim starts with proving this duty of care existed.
Breach of Duty: A breach of duty takes place when manufacturers or installers fail to meet the required safety standards. Proving a breach involves showing that the defendant did not act as a reasonable entity under similar circumstances.
Causation: Causation requires demonstrating that the breach of duty directly caused the injury. This link is crucial in a negligence claim, as it connects the defendant's actions (or inactions) to the harm suffered by the plaintiff.
Damages: Damages cover the losses suffered by the plaintiff due to the injury. This includes medical expenses, lost wages, and pain and suffering. Proving damages involves presenting evidence of these losses and their direct relation to the airbag injury.
Most Common Injuries in Orange County Car Accidents
Whiplash: Whiplash is a frequent injury in car accidents, often resulting from rear-end collisions. It involves a rapid forward and backward movement of the neck. It could cause stiffness, soreness, and pain.
Concussions: Concussions frequently occur in car accidents. They can result from the head being violently shaken or striking an object, like a steering wheel or window.
Broken Bones: Broken bones, particularly in the arms, legs, and ribs, are common in car accidents. The impact of a collision can exert significant force on the body, causing fractures.
Spinal Injuries: Spinal injuries, including herniated discs and spinal cord damage, can be severe and life-altering. They often occur due to the force exerted on the body during a crash.
Internal Injuries: Internal injuries are serious consequences of car accidents. They often require immediate medical attention. This can lead to damage to organs or internal bleeding.
Cuts and Lacerations: Cuts and lacerations are frequent in car accidents, often caused by broken glass or metal. These injuries can require stitches or surgery.
Emotional Trauma: Car crashes can cause emotional issues. They include anxiety, depression, and post-traumatic stress disorder (PTSD). This aspect of injury is as important as physical injuries. This trauma can be magnified in a wrongful death situation.
Long-Term Impacts of Airbag Injuries on Victims
Lifestyle Adjustments: Many victims need to make significant lifestyle changes post-injury. This might involve modifying homes for accessibility. It could also mean changing daily routines to accommodate physical limitations.
Emotional and Mental Health Struggles: Emotional and mental health issues often follow serious injuries. Victims may need ongoing psychological support and counseling. This helps them cope with trauma and depression.
Dependency on Medication: Long-term pain management may require continuous medication. This may lead to dependency or side effects. This reliance can affect a victim's overall quality of life and health.
Social and Recreational Limitations: Serious injuries can limit social interactions and recreational activities. This loss of social engagement and hobbies can significantly impact a person's well-being and happiness.
Relationship Strains: Injuries can strain relationships with family and friends. The stress and dynamic changes can affect the victim and their loved ones.
Increased Insurance Premiums and Medical Costs: Long-term medical care can be expensive. Your insurance premiums may increase. These financial burdens add to the stress of the situation.
Career and Education Disruption: Serious injuries can disrupt education for younger victims. This can alter their future opportunities and potential earning capacity.
The Legal Process
A. Discovery Phase: The discovery phase is critical in airbag injury cases. It involves the exchange of information between the parties through interrogatories and depositions. Interrogatories are written questions requiring written answers. Depositions involve oral questions and answers under oath. This phase helps both sides understand the facts and build their cases.
B. Negotiation and Settlement: Negotiation is common before a case goes to trial. Both parties discuss potential settlements to resolve the case without court intervention. Our lawyers aim to negotiate the best possible settlement for you, considering all your damages and the impact of your injuries. We are prepared to go to trial if a fair settlement isn't reached.
C. Trial Process:
Jury Selection: This is the first step in the trial process. It involves choosing unbiased individuals to hear the case and decide based on the evidence.
Opening Statements: Opening statements follow, where each side presents its case's overview to the jury. This sets the stage for the evidence presentation.
Presentation of Evidence: Then, both sides present their evidence. This includes witness testimonies, expert opinions, and physical evidence.
Closing Arguments: Finally, closing arguments are made. Here, each side summarizes the evidence and makes their last appeal to the jury.
Compensation in Airbag Injury Cases
In airbag injury cases, victims can seek compensation for their losses and suffering. Compensation aims to cover medical expenses, lost wages, and other damages resulting from the injury. It's crucial to accurately calculate all current and future costs related to the injury.
Medical expenses form a significant part of the compensation in airbag injury cases. These expenses include emergency care, hospitalization, surgeries, and ongoing medical treatments. They also cover any specialized medical equipment or modifications needed for recovery.
Airbag injuries often result in time away from work, leading to lost wages. Compensation for lost wages covers the income you missed while recovering. This is crucial for maintaining financial stability during your recovery period.
Lost Earning Capacity
When injuries impact your ability to work in the long term, you may be entitled to compensation for lost earning capacity. It's crucial for victims whose injuries have permanently altered their ability to work.
Pain and Suffering
Your injuries can lead to significant emotional distress. You can be compensated for this distress. This includes the pain endured during and after the accident, as well as any ongoing discomfort. It also encompasses emotional trauma, such as anxiety, depression, or loss of enjoyment of life.
Loss of Consortium
Loss of consortium compensation is for the impact of your injuries on your relationships. It usually pertains to your spouse or partner. This includes loss of companionship, affection, and support. It acknowledges the strain and changes in your personal life resulting from the injury.
Schedule a Free Case Review With Our Orange County Airbag Accident Attorney at MLG Personal Injury & Accident Lawyers