Can I sue for personal injury if my airbags did not deploy in a car accident?
I recently rear-ended a vehicle on my way to work. I hit him hard enough to deploy the passenger side airbag, but not my steering wheels airbag. However, the thing is that I found out that the vehicle has been in 3 previous accidents prior to mine and was brought to the dealership. But my airbag was not deployed and I injured my shoulder, neck, head, and right knee in the accident. Can I sue the dealership because my airbags did not deploy?
Answered By: Alfred Law Firm
You possibly have a case against the dealership and the manufacturer. If you were not at fault, you also have a claim against the person who caused the accident. Consult with a product liability/negligence and personal injury attorney to discuss your case.
Answer Applies to: Georgia
Replied: 11/4/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Georgia
Replied: 11/4/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Joel H. Schwartz, P.C.
It is your right to sue anyone you want. However, you will need to prove that the airbag was faulty and you will have to show that your injuries were caused by the lack of airbag. In order to show a defective airbag, you will need to spend thousands of dollars on an expert to say so. The defendants in this matter will no doubt hire their own expert to say otherwise. Assuming you can show liability or fault, it would be YOUR burden to show your injuries would not have occurred had the airbag deployed. The type of injuries often occur from rear-end accidents regardless of the airbag, so you may have a difficult time. In sum, unless you have very serious injuries, it is probably not worth the time, effort, and expense of moving forward on a claim like this.
Answer Applies to: Massachusetts
Replied: 10/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Massachusetts
Replied: 10/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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