Being involved in a serious car accident—especially one caused by someone else’s negligence—is overwhelming enough without the added shock of realizing your airbags failed to deploy. You’re left wondering: can the car company be held liable for that critical malfunction? Generally, yes. If the airbags did not activate because of a design flaw, manufacturing defect, or inadequate warnings from the automaker, you may have a valid claim against the car company.
Airbags help prevent a person in a car accident from hitting the steering wheel, door, window, or dashboard. They also place a barrier between the person and the steering wheel or door to help prevent a crushing injury. However, airbags that fail to deploy or deploy incorrectly can cause serious injuries.
If an airbag fails to deploy because of a defect, the car company, airbag manufacturer, or another party may be liable for damages. A car accident injury lawyer may be able to help you gain compensation from the liable parties.
Airbags Should Protect Passengers
The National Highway Traffic Safety Administration (NHTSA) estimates that since frontal airbags were introduced for passenger vehicles in 1987, their widespread use has saved over 50,000 lives. While exact numbers may vary slightly depending on the specific reporting year and continued research, the important takeaway is that airbags remain one of the most critical safety innovations in modern vehicles, preventing thousands of fatalities and serious injuries on America’s roads. Many vehicles now also feature side airbags—or side curtain airbags—either as a standard offering or an optional safety upgrade.
What Causes an Airbag to Fail to Deploy?
Airbags do not deploy in all situations. In some cases, airbags didn't deploy because they could cause more harm. However, there are some situations in which an airbag fails to deploy because it is defective.
Frontal and side airbags deploy when they receive a signal from an impact sensor. The signal causes the internal inflator in the airbag to begin the chemical reaction that causes the airbag to inflate. The inflation of an airbag is exceptionally rapid. For frontal airbags, inflation takes less than 1/20th of a second from start to finish.
Side airbags inflate even faster. The inflation is violent and can cause injury if someone does not have a seatbelt on or is sitting too close to the airbag.
Situations in which an airbag typically does NOT deploy:
- The vehicle was not traveling fast enough to reach airbag deployment speed.
- The vehicle hit a bump or pothole.
- The nature of the collision did not trigger the airbag sensor, such as in rear or angle impacts.
- The vehicle’s owner or another person in the vehicle turned the airbag off.
However, problems with the airbag could cause it not to inflate. These problems could be defects or errors that cause the mechanical components of the airbag to fail.
Common reasons why an airbag may not deploy (when it should have):
- The airbag was defective in its design. Something about the airbag is inherently defective or dangerous.
- The airbag sensors fail to signal the airbag to inflate because they are faulty or defective.
- The airbag's electrical parts are defective or faulty, or the electrical system failed or was not installed correctly.
- The wiring from the sensor to the airbag failed because it was routed in a way that made it more likely to be damaged or severed.
- The computer controls failed. The sensors correctly signaled an impact, but the computer controls failed to recognize the signal.
Any number of problems could result in a deployment failure. If the car company knew or should have known about the defect or problem, it could be held liable in a product liability lawsuit.
Holding the Car Company or Other Parties Liable for Defective Airbags
A car company, auto parts or airbag manufacturer, or another party may be liable for damages caused by defective airbags after a car crash. A car or airbag manufacturer may be liable if a consumer suffered injuries due to:
- A defect in the design that made the airbag inherently dangerous or prone to failure.
- Failing to adequately test the airbag and all components for safety and reliability.
- Errors made during manufacturing or changing the specifications during manufacturing.
- Using inferior or low-quality materials to construct the airbag or its components.
- Failing to warn consumers of risks or provide adequate instructions for safe use of airbags.
- Incorrect installation of any part of the airbag system, including improper quality control measures.
- Defective design of a vehicle’s other components that make it impossible for an airbag to deploy.
- Defects in the software used to control the airbag or other components.
- Failure to provide sufficient sensors to ensure the airbag inflates.
- Improper calibration of the airbag firing system.
The party responsible for your injuries depends on the type of defect or error that caused the airbag not to deploy. A car accident lawyer can investigate the matter to determine what caused the airbag deployment failure, who is responsible for your damages and injuries, and how to prove negligence to support your claim.
Injuries From Malfunctioning and Defective Airbags
If an airbag deploys incorrectly or fails to deploy, you could suffer severe injuries. Airbag injuries may include, but are not limited to:
- Facial injuries, including permanent scarring and loss of eyesight
- Internal injuries, including bleeding and injury to internal organs
- Broken bones and fractures
- Lacerations and puncture wounds
- Head injuries, including concussions and traumatic brain injuries (TBIs)
Depending on the severity of your injuries, you could sustain permanent impairments or disabilities. Additionally, pain and suffering may be overwhelming and debilitating. Negligence, strict liability, and breach of warranty are just some of the causes of action used in airbag injury lawsuits.
Damages Available for Airbag Injuries
When an airbag malfunction occurs in a car collision—especially in severe crashes—victims may suffer severe injuries ranging from soft tissue damage to catastrophic injuries. If airbags did not deploy as they should have, you could be entitled to recover compensation for the losses you’ve endured. Below are the main categories of damages an injured party can pursue:
Economic Damages
Medical Expenses. These include all past, current, and future costs tied to treating injuries from the malfunctioning airbag, such as hospital bills, surgical procedures, medication, physical therapy, and any specialized medical equipment. Because severe crashes can result in lifelong health issues, your lawyer will consider both immediate and ongoing medical needs.
Lost Income. If your injuries prevent you from working, you can seek compensation for lost wages, salary, or other earnings. You may also seek damages for diminished earning capacity if you’re unable to return to the same line of work.
Property Damage. While the focus is often on medical expenses, you can also pursue compensation for damage to your vehicle or personal property after an accident occurs. If the airbag defect contributed to more extensive damage in the accident, these costs might be recoverable from the liable parties.
Non-Economic Damages
Pain and Suffering. These damages compensate you for the physical pain and emotional distress you’ve experienced due to severe injuries. Even soft tissue damage can lead to persistent discomfort that affects your quality of life.
Emotional Distress and Mental Anguish. In addition to physical harm, the trauma of a car collision—especially one in which airbags did not deploy—can cause significant psychological stress. Anxiety, depression, and fear of driving may all be considered when determining damages.
Loss of Enjoyment of Life. Catastrophic injuries can limit your ability to perform daily activities or engage in hobbies. Non-economic damages can help compensate you for this loss of independence and enjoyment.
How a Car Accident Attorney Can Help Investigate Airbag Failure
An experienced car accident lawyer does much more than simply file paperwork. They begin by offering a free consultation—an opportunity for you to discuss your accident, concerns about the airbag, and your potential legal options, all at no cost. During this initial meeting, the attorney can evaluate whether a product defect is likely and advise you on the next steps if they believe you have a viable claim.
From there, your lawyer will gather key evidence to pinpoint why the airbag malfunctioned. This may include obtaining police reports, medical records, and the vehicle’s maintenance and repair history.
An attorney can also consult with mechanical engineers, product safety experts, or accident reconstruction specialists to analyze the vehicle’s airbag system and determine whether a design or manufacturing flaw caused it to fail. By reviewing similar incidents, vehicle or airbag manufacturer recalls, and safety complaints, they can establish patterns of negligence or defects.
Finally, an attorney can use this thorough investigation to hold the responsible parties accountable. Whether through negotiations with insurance companies or by filing a lawsuit against the airbag or car manufacturer, your lawyer’s goal is to secure fair compensation for your injuries, medical bills, lost wages, and other damages.
Having an experienced advocate in your corner not only ensures your case is taken seriously but also relieves you of the legal burden so you can focus on healing.
Who May Be Liable if a Car Airbag Fails to Deploy After an Accident?
Responsibility for a malfunctioning airbag can extend beyond the vehicle manufacturer. Depending on the nature of the defect and where it originated in the chain of production or distribution, multiple parties could share liability:
Vehicle Manufacturer
The car manufacturer may be held accountable if a design or production flaw within the vehicle prevents the airbag from deploying. This could include improper sensor placement, software bugs in the crash detection system, or poor assembly practices.
Airbag or Component Part Manufacturer
If the airbag’s inflator, sensor, or other critical part was inherently defective, the company that designed or produced that specific component might bear responsibility. This applies even if the defect is traced back to a third-party supplier that the automaker contracted.
Dealership or Distributor
In some cases, dealerships that fail to address known recalls or safety issues during pre-sale inspections could be liable. If they knowingly sold a car with a documented airbag defect without warning the buyer, they, too, may share the blame.
Repair or Maintenance Provider
If a mechanic or repair shop incorrectly installed or replaced an airbag system, that party might be responsible for an airbag’s failure to deploy. Mistakes such as using faulty wiring, bypassing essential sensors, or ignoring manufacturer guidelines can have severe consequences.
Software/Technology Providers
Modern vehicles often rely on complex software to detect crashes and trigger airbags. If coding errors or software malfunctions contributed to the airbag’s failure, the developer or technology provider could be held accountable.
Because each accident has its own unique circumstances, an attorney can investigate every aspect of your vehicle’s history, repairs, and design. Identifying the correct at-fault parties often requires expert analysis and detailed research. Both are crucial in building a strong case for compensation if you suffered injuries as a result of airbag failure after a car crash.
Airbag Recalls
The National Highway Traffic Safety Administration (NHTSA) sets and enforces safety standards for vehicles, including airbag systems. If you believe your airbag is defective, you or your lawyer can check NHTSA’s database to see whether there is an existing recall or history of consumer complaints.
A recall indicates that the manufacturer and federal regulators have acknowledged a specific defect, often helping to strengthen a personal injury claim by showing the automaker was aware of the problem.
That said, even if your airbag or vehicle is not under recall, you may still have a valid claim. Not all defects are immediately recognized or reported. In some cases, injuries resulting from airbag deployment problems reveal issues that lead to future recalls.
On the other hand, if a recall was issued and you did not receive or respond to the notice, the manufacturer might try to argue that you bear some responsibility for failing to fix a known issue. However, this defense does not automatically negate the manufacturer’s liability for producing or distributing a defective product.
Personal injury lawyers stay informed about regulatory updates and recalls involving faulty airbags. They understand these measures not only help protect the public from potential safety hazards but can also serve as vital evidence when manufacturers fail to address known problems. Ultimately, NHTSA’s regulations and guidelines play a significant role in ensuring vehicle safety and accountability.
Deadlines to File a Claim
In Texas, the general rule is that you have two years from the date of your injuries to file a lawsuit. This applies to both motor vehicle accident claims and most product liability cases involving defective airbags.
However, Texas law also has a statute of repose for product liability, which can prevent you from filing a claim if a certain amount of time (often 15 years) has passed since the product was first sold. Additionally, certain factors, such as the injured party being a minor, may pause or “toll” the two-year deadline, potentially giving you more time to take action.
Because these time limits can vary based on your situation, it's wise to speak with an attorney as soon as possible. Acting quickly helps preserve evidence, protect your right to file, and strengthen your overall case.
Talk to an Experienced Car Accident Lawyer
Seeking fair compensation is often critical to cover the cost of injuries and restore a sense of normalcy after a serious crash where an airbag does not deploy properly. By working with an experienced attorney, you’ll have an advocate who can identify the full range of damages available, ensuring you have the best chance to recover compensation for all of your injuries, losses, and hardships.
If your airbags failed to deploy in a crash caused by someone else’s negligence and injuries occur, the team at Lorenz & Lorenz, PLLC is here for you. We understand the stress and pain you’re going through, and we want to help you seek the compensation you deserve.
Call our law firm at 512-477-7333 or contact us online by clicking the button below today for a free, no-obligation case review so you can focus on healing while we handle the legal details.
