If the airbags in your vehicle did not deploy after a crash, you may be wondering if you can still file a claim with the at-fault driver’s liability insurance. The short answer is most likely.
The facts of every case are different, so it is important that our car crash lawyers in Fort Worth review your accident during a free consultation to see what your legal options may be.
Below, we discuss when victims of an accident with no airbag deployment may still be able to file a claim to pursue the compensation they need.
Purpose of a Vehicle’s Airbags
According to the National Highway Traffic Safety Administration (NHTSA), frontal airbags saved more than 50,000 lives between 1987 and 2017. The NHTSA notes that airbags are meant to be used in combination with seatbelts, and not as a replacement, to reduce the chances of your upper body or head striking the vehicle’s interior during a crash.
Airbags may deploy in most moderate to severe crashes, and sometimes in minor ones depending on the direction of impact. However, they are purposefully designed to not deploy unless the impact triggers the airbag sensor or if the person in the seat is over a certain height and weight.
The crash sensors in a car that send the signals to the airbags for deployment are typically in the front or sides of a vehicle, so rear-end collisions may not always result in airbag deployment unless the impacted vehicle is pushed into another solid object, such as another vehicle or a concrete divider.
It is important to note that rear-end collisions may cause serious injuries even though the airbags in the victim’s vehicle were never deployed.
Filing a Claim for an Accident When Airbags Never Deployed
Although an accident in which your airbags did not deploy may not seem like it caused significant damage, there are plenty of injuries that may have serious repercussions shortly after the accident and later in life. Remember, you have the legal right to file a claim if you suffered damages, such as injuries or property damage, due to another driver’s negligence.
Our attorneys are prepared to help you through the process of filing your injury claim and help you build a case, even when the insurance company is trying to deny liability since the airbags never deployed.
Damages That May Be Available
Soft tissue injuries like whiplash and herniated discs are some of the most common injuries in accidents with no airbag deployment, yet these kinds of injuries may result in significant pain and discomfort, especially if left untreated. These injuries may take a day or so to show symptoms, but you should be sure to get checked out by a doctor immediately after a crash.
If you suffered any kind of physical injury and needed to be treated by a medical professional, you may be able to include the costs of seeing that doctor in your claim for compensation as part of your economic damages.
There are also some accidents that result in serious property damage which could be expensive to repair, or worse, result in the insurance company declaring your vehicle a total loss. If this happens after your accident, you may be able to claim compensation for property damage even if your airbags never deployed.
Lastly, you may also be able to recover pain and suffering compensation if you can prove you sustained emotional damages. As there is no way of definitively measuring the value of your pain and suffering, it is important to work with a lawyer who has experience valuating these types of damages and negotiating that value with the insurance company to maximize the compensation you may receive.
We Are Ready to Fight for Your Rights. Call Us Today
If you were injured in an accident caused by someone else’s negligence, the fact that the airbags in your vehicle did not deploy should not stop you from pursuing the compensation you need.
Let our attorneys fight for your right to pursue maximum compensation after an accident caused by a reckless driver’s actions. We do not charge you anything up front or while we work on your case, so there is no risk to you.
We offer a free consultation to discuss your claim so you may better understand how we may be able to help you.
Call Anderson, Cummings & Drawhorn today at (817) 920-9000.