Airbags are meant to prevent serious head and neck injuries from occurring in a car accident (or, at the very least, reduce the severity of these injuries). When a wreck occurs and your car’s airbags do not deploy as intended, you and your passengers may be seriously injured – or even killed. Pat Carr of the Tulsa car accident law firm of Carr & Carr indicates that drivers and/or passengers who are injured by a defective airbag may have a claim for compensation against the airbag manufacturer or automaker, depending on the specific facts of the injury crash. An experienced and knowledgeable car crash attorney will need to evaluate the circumstances surrounding the crash to determine if the injury victim may be able to obtain compensation through a personal injury claim.
Typical Examples of Airbag Defects
The public’s trust in airbags has been severely shaken in the wake of the Takata airbag recalls. In the case of the recalled Takata airbags, a defective part could cause the airbag to deploy unexpectedly while shooting metal “shrapnel” into the head and/or neck of the driver or other occupant of the vehicle. There are other types of airbag defects, however:
Airbag fails to deploy at all or deploys after the crash: An airbag is most effective when it deploys immediately in a crash. An airbag that does not deploy at all deprives the driver and/or passenger of the benefit of the airbag. An airbag that deploys unexpectedly after a crash may actually cause an injury to the unsuspecting driver and/or passenger.
Airbag underinflates: Here the airbag deploys, but deploys with too little force and fails to fully inflate. While the airbag may be successful in limiting the severity of the occupant’s injuries, an underinflated airbag may still result in the occupant suffering an injury that he or she would not have suffered had the airbag worked as designed.
Airbag overinflates: In this scenario, the airbag deploys but with too much force. Instead of cushioning the driver’s and/or passenger’s head and neck, the airbag can cause whiplash-type traumatic brain injuries, neck injuries, and spinal cord injuries.
When an airbag fails to deploy properly in a crash, the ultimate question to be answered is twofold: “Why did the airbag fail to deploy as expected;” and, secondly, “Who is responsible for the airbag’s failure to deploy?” Unfortunately, answering these questions can require a significant amount of time and investigative resources to definitively answer.
So Do You Have a Claim Following an Airbag Mishap?
Individuals who suffer an injury in an automobile crash due to a faulty airbag may have a claim for compensation if some person or entity – an assemblyman or a part manufacturer, for example – committed a careless or negligent act that either caused or contributed to the airbag malfunction. A design defect in the airbag typically means that the airbag manufacturer that designed the airbag assembly made a careless mistake somewhere in the design process and the result was a defective airbag. A manufacturing defect means that somewhere in the assembly process a mistake was made that rendered the airbag dangerous. Once a defect is determined to exist, it falls to the injury victim and his or her legal team to identify the people and/or entities responsible for the defect.
Carr & Carr is your Tulsa personal injury firm, able to assist you and your loved ones following an injury accident involving a defective air bag. Call Carr & Carr at (918) 747-1000 and allow our legal team to evaluate your situation. We can help you determine if negligence or carelessness played a role in your airbag malfunction injury and, if so, who may be responsible for your expenses and losses.
Few Oklahoma car crashes are as violent and emotional as those collisions caused by a driver who is under the influence of alcohol. Victims and bystanders alike are usually incensed when the at-fault driver – the driver who consumed too much alcohol – walks away from the crash with only minor injuries while the occupants of the other vehicle are seriously injured or even killed. Continue reading “Injured by a drunk driver? Our attorneys can help.”→
Over the past several years, several manufacturers and retailers have recalled dressers due to tip over hazards. On January 31, 2017, Simpli Home recalled dressers involving the Artisan, Bellevue, Holden and Stratford style six-drawer bedroom chests of drawers. Continue reading “Simpli Home dresser recall”→
Few Oklahoma car crashes are as violent and are as emotional as those collisions caused by a driver who is under the influence of alcohol. Victims and bystanders alike are usually incensed when the at-fault driver – the driver who consumed too much alcohol – walks away from the crash with only minor injuries while the occupants of the other vehicle are seriously injured or even killed. Continue reading “Injured in an Oklahoma DUI Accident? Our Attorneys can Help”→
If you’ve contracted a dangerous bacterial infection after heart valve replacements or coronary artery bypass graft surgery – and possibly received a warning letter from a hospital regarding a defective machine used during your operation – you need to contact Carr & Carr immediately.
It is easy to feel alone and directionless after a car accident. After all, no one leaves home or work expecting to be involved in a crash caused by another driver. Yet, as statistics maintained by the Oklahoma Highway Safety Office show, this happens with surprising regularity: In 2015 alone, there were 645 fatalities resulting from 590 crashes. This means that every day during 2015 at least one person died in a fatal car wreck. Many more were injured to one degree or another in injury car accidents. Once a traffic injury or fatality occurs, the victim (and/or his or her family members) must not only begin the process of physically recovering from his or her injuries, but he or she must also decide whether to seek a legal recovery as well. While an attorney cannot do much to speed the physical recovery process along, as Michael Carr of the Oklahoma personal injury firm Carr & Carr, Attorneys at Law expounds, one call to an experienced attorney can make a difference in the victim’s legal recovery process. Continue reading “Calling an Attorney After an Oklahoma Traffic Accident”→
If you have been involved in a car wreck that was not your fault, you might be wondering what the car accident insurance limits are that the at-fault driver carries. Like most every other state in the nation, Oklahoma requires the drivers of motor vehicles to maintain minimum automobile liability insurance. Continue reading “What are the Car Accident Insurance Limits in Oklahoma?”→
There are a wide variety of circumstances that lead to car collisions. No two car accidents are the same – car crashes come about because of a variety of reasons and the ways in which two (or more) cars collide will vary from case to case. These differences and distinctions are significant: The approach used to win one specific car crash victim’s case may not be successful in winning another car accident victim’s case. Continue reading “Types of Car Accidents”→
You have just been injured in an Oklahoma car crash – do you need assistance in filing a claim for compensation? Attorney Michael Carr of Carr & Carr, Attorneys at Law explains that many individuals not only find the assistance of an experienced and knowledgeable car collision claim attorney helpful, but crucial, in obtaining compensation for their injuries. The recovery process can be long and complicated: a skilled attorney is not only able to guide an injured client through each step of the civil claim process but he or she can also increase the likelihood that the client’s claim will be successful. Continue reading “Filing an Oklahoma Car Accident Claim”→
Many people wonder if the money they expect to receive from an insurance carrier is taxable. Generally speaking, money received from a personal injury settlement is not taxable. According to the IRS, if you receive a settlement award based on a personal injury and did not make a deduction for your medical expenses related to your injury, the full amount is not taxable. However, if you did take an itemized deduction for the medical expenses you paid in more than one year, you must include in income that portion of the settlement that is for medical expenses you deducted in prior years to the extent the deduction provided a tax benefit. Continue reading “Is Oklahoma Settlement Money Taxable?”→