In terms of road traffic, the United States is rated as one of the busiest countries, with almost 200+ million vehicles moving around. Statistics show that there has been a 10.5% increase in road accidents in 2021 compared to 2020. The freeways undoubtedly ease your driving experience, but they also increase the chances of car accidents.
Car accidents can occur due to various reasons. However, one of the reasons is airbags need to be deployed. Vehicles are equipped with airbags to protect passengers from the impact of an accident. Yet, in some rare incidents, airbags don’t trigger.
In such a situation, apart from the injuries you experience, you may also wonder, “Will you be compensated for the accident and injuries?“
So, here is an insight into what and how much would be the average settlement for “airbags not deploying” in the US.
Before we get to the numbers and procedures, it is crucial to understand the factors that define how much compensation you can expect or claim in a settlement:
1. The severity of injuries
2. The type of the car crash
3. The reason for the accident
4. The magnitude of airbag failure.
You can expect compensation depending on what led to the accident and the severity of the injuries. For example: if the injuries are serious, like injuries that need long-term treatment, you can expect a reasonably good amount of compensation.
Similarly, the time the airbag functioned or malfunctioned can also define the compensation amount. Also, there are situations wherein the product quality of the airbags causes accidents.
In such a situation, you can claim compensation against the manufacturer or supplier of those airbags.
Under RS Art. 9:2800.55 and RS Art. 9:2800.56, one can claim compensation for airbag malfunction.
“The Takata cases involving the random deployment of airbags are an excellent example of defective airbags. Exploding Takata airbag inflators had a worldwide death toll of at least 24, and millions of recalled vehicles were equipped with airbags with inflators supplied by Takata.
A Delaware federal bankruptcy court recently approved a compensation trust fund negotiated by the Takata airbag manufacturer and its creditors to pay victims injured or killed by exploding airbag inflators. The fund contains at least $137 million that will be used to settle negotiated agreements and jury trial awards for victims and surviving family members.”
With the airbag malfunction factors defined, let’s have a look at the other side of the situation, i.e., what can be claimed under airbag malfunction accident:
1. Medical expenses to recover from the injuries.
2. Repair cost to get your car back into a functioning state.
3. If you are employed, the income is lost due to the inability to work.
4. Compensation for the pain and suffering caused due to the accident.
5. In case of serious injuries, compensation for the emotional and physical trauma and loss is.
Now that you know what can be claimed, you may want to know how much you can claim.
The answer is it differs from case to case.
Successfully resolving an airbag malfunctioning accident lawsuit demands proving that the airbag was not deployed as designed, is defective, or unexpectedly exploded without a trigger.
And that’s why it is better to have a lawyer or law firm by your side to help you navigate through your accident claims.
Claiming a settlement is time-consuming and requires a lot of paperwork and patience.
The benefits of hiring a lawyer or a law firm are as follows:
1. Ensure that you are claiming a fair/decent amount.
2. Ensure effective and well-planned communication and submission of evidence in case of dealing with other parties involved.
3. Ensure that the process of claiming settlement is smooth, even though long.
4. Stand up to manipulative insurers to get the settlement you deserve.