Air bags are a form of safety restraint system that work in conjunction with seat belts in cars, trucks, vans, and sport utility vehicles.
They are somewhat complex in design, and come equipped with crash sensors, air bag modules (which house the folded bags and inflators), and electronic control units.
The vast majority of air bags operate properly, and deploy safely and effectively.
The United States government provides statistics that estimate as many as 24,236 lives have been saved since 1990.
While these devices are quite helpful and can be very beneficial, they sometimes malfunction and can actually cause harm.
It is estimated that two hundred and eighty four people, including one hundred and eighty children, have been killed because of air bags.
Countless others have sustained injuries.
(Statistics courtesy of National Highway Traffic Safety Administration) In order to understand how air bags can both help and hurt, you need to understand how to properly use air bags.
When traveling in a vehicle equipped with air bags, the following is recommended: Always wear your seatbelt; Always sit a minimum of ten inches away from the steering wheel; Always make sure children between the ages of one to thirteen years old are properly secured in child safety seats, or booster seats and they are placed in the back seat of the vehicle; Never use rear facing car seats in the front seat of a vehicle; If children must be seated in the front seat, make sure the air bag is temporarily disabled; Always make sure the air bag is directed toward your chest, and not your head or face.
As with other auto defects, strict liability law applies to all auto accidents that involve defective air bags.
In order to bring a case forth and to be awarded damages, the victim must be able to provide evidence that proves the air bag contained in the vehicle contained an "unreasonably dangerous" defect that did not prevent, or caused further, harm.
Unlike other personal injury claims, victims who file auto defect claims do not need to prove negligence on the part of the manufacturer or the automotive dealership.
These defects can be the result of a mistake made during the manufacturing process, an assembly issue, a failure by the manufacturer to provide necessary warning labels or usage directions, or a general flaw in the design.
They can malfunction in many different ways.
It may fail to deploy all together, it may deploy too quickly during a low impact crash, or too slowly during a high impact crash.
It could even deploy for no reason at all, causing an accident.
Other causes for malfunctions can be due to one or more of the following issues: Too few crash sensors; Outdated or inaccurate technology; Inaccurate electronic control unit software; Overpowered inflators; Inadequate venting or improperly folded air bags; Air bags that are not tethered.
The most common injuries are generally located in the upper portion of the body (to the head, neck, arms, and upper torso).
These injuries can be quite serious.
For example, traumatic brain injuries are somewhat common injuries that can result.
These can lead to permanent disabilities, and even death.
Other common related injuries include: Asthmatic Attacks; Hearing loss; Blindness; Burns; Decapitation; Broken Bones.
Burns are one of the most common injuries and can be quite severe.
They can be thermal, friction, or chemical in nature, and are caused by hot gases that are vented from the air bag during inflation; heat and abrasion from contact with the air bag; clothing melted by the hot gases; and by the chemical used to launch the air bag.
People who have been injured may be eligible to receive compensation for their injuries, medical expenses, loss of income, pain and suffering, and various other damages.
The surviving family members of a person who has been killed due to a defect also may be eligible to file a lawsuit for wrongful death.
If you or someone you know has suffered an injury because of an air bag, it is a good idea to consult with a personal injury attorney.
This attorney will be able to evaluate your case, explain your legal rights, and help determine the amount of compensation to which you are entitled.
When filing a claim, the victim may be entitled to two different types of compensation: punitive damages and compensatory damages.
Punitive damages are assessed in addition to compensatory damages and can be quite substantial.
This is money that is meant to punish the wrongdoer and works to deter others from committing similar acts in the future.
The rules and limits for punitive damages vary a great deal from state to state.
Compensatory damages are meant to reimburse the victim for what has been lost.
These damages include medical expenses, lost income, physical and emotional pain, and various other financial losses and expenses.
The amount of compensation awarded is based upon preset formulas that are set forth as guidelines that juries and insurance companies follow.
On top of these guidelines, the severity of the injuries, the length of recovery, and the prognosis for the victim is also taken into consideration.
Even though insurance companies often handle minor air bag injury claims, and prefer to deal with you directly, an experienced attorney can provide you with many more options.
A personal injury attorney who specializes in products liability can help you to get the full amount you are truly entitled to, and make sure your case is handled correctly.
In the event that the insurance company refuses to pay the full cost of your medical bills and other compensatory items, the insurance company is delaying your claim, or they simply deny your claim, an attorney can definitely be a huge asset.
Do not risk being a victim twice.
You should take the proper steps needed to recover what you have lost, and help rebuild your life.