Determining Liability: When You Are In An Accident Caused By Another Driver And Your Airbags Don’t Deploy

When you are in a car accident, a number of factors can be in play. The weather might have been bad, or the other driver could have been texting while driving. In addition, your car airbags may not have deployed because of a malfunction. If you were hurt in an accident caused by another driver, and your car safety features didn't work properly, you have rights. The driver at fault for the accident can be sued for negligence in a personal injury lawsuit, while your car manufacturer can be sued for your injuries because of product liability. If your injuries are severe, or you are going to be permanently disabled, it will be important to determine each defendant in your personal injury case if you decide to file one.

Determining Fault of the Other Driver

Fault is determined by officials that come to the scene of the accident, and is usually stated on accident reports that are submitted. If the other driver is 51% at fault or more for your injuries, then you have the right to compensation for your injuries. If you receive the accident report and you believe that it is wrong, you have the right to show further evidence to the officer who created the report to try and get the report changed.

When Your Airbags Didn't Deploy

While the accident you were in may have been caused because of the negligence of another driver, when your safety features in your car don't work this will add to your injuries. The point of airbags is to deploy when you are in an accident, saving you from hitting the windshield or side windows. If you sustained a serious injury because your airbag didn't open, this is an issue of product liability. Your car, the product, is supposed to work as intended. If the product is defective and causes you personal harm, you have the right to file a personal injury lawsuit against the car manufacturer.

As you consider your personal injury lawsuit, it's important to focus on your medical treatment. Meet with an attorney to discuss your case, but remember that you must attend all necessary medical appointments in a strong effort to heal. You need to follow the advice of your treatment team, and follow through with recommendations to show that you are serious about getting better. Work closely with your medical providers, and you will have the proof you need for a personal injury lawsuit. Contact a professional such as Kathleen Kentish Lucero Atty At Law for more information.