Can I Sue for an Airbag Injury in MD?

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Finding yourself in a car accident caused by another driver’s carelessness is never expected. Sadly, the situation can worsen when your car’s safety features lead to additional harm, such as airbag injuries. If you are unclear on the causes or who bears liability for these damages, please continue reading as we explore what you should know about these matters. Additionally, contact an experienced Prince George’s County Auto Accident Lawyer for guidance and skilled representation.

What Type of Injuries Occur Due to Airbag Deployment?

First and foremost, it’s important to understand that the U.S. federal law known as the Intermodal Surface Transportation Efficiency Act of 1991 mandated airbags for both the driver and front passenger. This requirement was implemented gradually, applying to all new vehicles by the 1998 model year and to all pickup trucks and vans starting with the 1999 model.

While airbags are designed to prevent serious injuries and death in the event of a collision, contact can result in what they are intended to prevent when they are designed, produced, installed, or repaired incorrectly. If an airbag is defective, it can inflict several injuries as a result. Common types include:

  • Abrasions and lacerations
  • Fractures
  • Spinal cord injuries
  • Rib fractures
  • Internal bleeding
  • Organ damage
  • Chemical burns
  • Friction burns
  • Hearing loss
  • Concussions
  • Whiplash
  • Eye injuries

Can I File a Claim if I Suffered Injuries From an Airbag?

Establishing liability for accident-related damages can be complex due to the potential involvement of numerous parties. For instance, although a careless driver might cause a crash, faulty airbags could also contribute to the resulting harm. Consequently, multiple parties can be held liable for the damages sustained.

To establish liability for airbag-related injuries, the cause of the malfunction must first be determined. If a defect exists, the manufacturer or designer could be liable for the resulting damages. Conversely, if a properly functioning airbag was installed incorrectly, the manufacturer or the car company might be held responsible.

Will My Legal Options Be Affected if I Was Not Wearing a Seatbelt?

Airbags and seatbelts are designed to work in tandem, not as individual systems. As such, not wearing a seatbelt could make you more likely to suffer more serious airbag injuries in the event of a crash because nothing is stopping you from getting hit. Failure to wear a seatbelt is against the law in Maryland, in addition to being dangerous. This could make it much more difficult to recover compensation for your injuries.

It’s important to note that Maryland is a contributory negligence state. Under this legal doctrine, if you have contributed to your injuries in any way, you will be barred from recovering any damages.

At McCarthy, Winkelman & Mester, L.L.P., we are prepared to investigate the circumstances surrounding your injuries, gather evidence to support your claim, and fight for the compensation you deserve. Connect with our firm today to discuss your case.

 

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