What if my airbag didn’t deploy at the time of the collision and I was injured as a result?

Could I have a case against the auto manufacturer?

A. Airbags are installed to save lives, but what happens when they don’t work? Sometimes airbags deploy when they are not supposed to, and occasionally they fail to deploy in the event of a collision, both scenarios can result in serious injuries and sometimes death. Airbag defects can be especially dangerous for smaller adults and children who may be injured by either the excessive force of a defective airbag or by the failure of the airbag to deploy.

Auto manufacturers are bound to comply with the requirements of Federal Motor Vehicle Safety Standard No. 208 which was drafted and passed with the intent of “beefing up” occupant crash protection standards to require that future airbags be designed to create less risk of serious airbag-induced injuries than current airbags, particularly for small women and young children; and provide improved frontal crash protection for all occupants, by means that include advanced airbag technology. To achieve these goals, it adds a wide variety of new requirements, test procedures, and injury criteria, using an assortment of new dummies. (NHTSA)

You may have a case, but you will need to discuss liability issues with an experienced personal injury attorney.

Reasons an airbag may be defective:

Power inflators are based on old technology: Dangerously powerful single-force inflators are still used on some cars, even though multi-force inflators have been available to manufacturers for many years.

Faulty Crash Sensors: Bad sensors can trigger an airbag when unnecessary or too late to be effective in a collision.

Faulty inflation path: safe airbags are designed to inflate upward before extending outward. Airbags that cause greater injuries inflate horizontally directly toward the driver or passenger.

Lack of internal tethers: Safe airbags include tether straps which cause the bag to inflate more like a flat pillow than a round basketball, which is less damaging to the face, neck, and back.

Lack of Adequate Testing: Testing requirements since 2001 require that the vehicle airbags must be tested on unbelted dummies at required speeds, and dummies of at least two sizes must be used: a 5% female dummy and a 50% male dummy. Standards which seem to enhance safety for a larger person may be very dangerous for one who is smaller.

West Virginia Personal Injury Lawyers

If you believe your injuries are the result of faulty airbag deployment, contact our personal injury lawyers at the Robinette Legal Group, PLLC for a free case evaluation. We have handled hundreds of car accident claims, and would be glad to give you advice in how to best proceed with your insurance claim. Call today: 304-594-1800 or after hours 304-216-6695.

Call us today to find out how we can help you.

case results
Our Case Results

Car Accident Injuries

Jeff Robinette was hired by a young woman who had sustained permanent injuries to her foot due to an auto collision. The insurance company offered such a small amount and dealt with her in such a dismissive manner that the treatment of her case amounted to bad faith on the insurance company’s part. Jeff was able to obtain a substantial settlement which allowed this young woman and her husband to pay medical bills, buy a car and a home, and start building a future together.

Drunk Driver

While driving his car, our client was hit by a drunk driver which injured his shoulder so severely that three surgeries were required. The insurance company haggled over the value of the claim, initially giving a low-ball offer. Jeff Robinette was able to force the insurance company to pay all insurance available for this claim.

Motorcycle Accident

A police cruiser was attempting to make a U-turn on a four-lane highway and collided with our client’s motorcycle. The trooper had failed to follow the rules of the road by making an unsafe or prohibited lane change and was found to have operated his vehicle in an “erratic, careless, or reckless” manner.

As a result of the trooper’s negligent driving, our client sustained bodily injuries which required emergency room treatment and subsequent physical therapy and prescription medication to recover from his injuries.

The Robinette Legal Group, PLLC was able to recover an ample settlement to cover our client’s medical bills, lost wages, and pain and suffering.


Our Awards and Certifications

Jeffery Robinette
Jeffery Robinette
Jeffery Robinette is a West Virginia Personal Injury Lawyer based in Morgantown who represents individuals who have been seriously injured or killed due to motor vehicle collisions or catastrophic workplace accidents.
star rating
He is diligent and thorough. He is also compassionate and is wise.
Former Client
Construction Legal Matter Client
I couldn’t have imagined a better outcome and I will always look to Robinette Legal Group for all my legal needs.
Injury Client
Car Accident Injury Client
I am so glad I chose Robinette Legal Group to represent me in a recent car accident case.
Car Accident Injury Client

Free Case Evaluation

(304) 594-1800 CALL 24/7