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I was driving the car and I had my seatbelt on, the car was a 2008 and I was in an automobile accident. In the accident the airbag failed to deploy, I know this because I hit the windshield and thereby didn’t go off. I also file a lawsuit directly against an automobile manufacturer for defective seatbelt and airbags, since they did not prevent me from being injured?

ANSWER:

This is a very good question and you do have an actionable case. Now, the level of compensation will greatly depend on the facts of the case. For one you’d never explain the actual accident at all, which has a lot to do with if an airbag deploys. If you are hit from behind, the airbags would not deploy and you could still be thrown forward and strike the windshield. The case is certainly worth more if you hit something with the front of your car, where the airbag sensor is actually located and it failed to deploy, resulting in physical injuries to yourself. How even if the airbag didn’t deploy, the seatbelt should have restrained you sufficiently enough to not hit the windshield and this is where the meat and potatoes of your case will be located, if there was no front end collision. But in a case such as this, there could be situations where there were recalls by the automobile manufacture on your particular vehicle that you were not made aware of. Also there is a simple fact that the car company may simply want to settle the case, instead of litigating the matter, which is usually the case with large companies, they are blank insurance policies for things such as this. So in conclusion yes you do have a case, but for me to evaluate the entire situation I really need to know the facts of the accident themselves, because the airbags did not deploy in every situation.
Joseph F. Botelho, Esq.

BOTELHO LAW GROUP
Attorneys At Law

901 Eastern Ave.
Unit 2
Fall River, MA 02723

Office:  888-269-0688

Email: jbotelho@botelholawgroup.com

https://www.botelholawgroup.com/

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