Atlanta Personal Injury Attorney » Car Accident Lawyers » Airbag Injury

An airbag injury lawyer in Atlanta can help you recover compensation when an airbag malfunctions, deploys improperly, or causes injuries during a car accident. At Butler Kahn, we handle serious airbag injury cases involving burns, broken bones, eye damage, and traumatic brain injuries caused by defective or malfunctioning airbag systems. If you or a loved one suffered airbag-related injuries in a crash anywhere in the Atlanta area, call (678) 940-1444 for a free consultation.

How Airbags Work

Airbags are supplemental restraint systems designed to protect vehicle occupants during collisions. A typical airbag consists of a light fabric bag, an inflation module containing chemicals that produce nitrogen gas, and a crash sensor that triggers deployment. Driver-side airbags are housed in the steering wheel, while passenger-side airbags deploy from the dashboard. Many modern vehicles also include side-curtain airbags, knee airbags, and seat-mounted side airbags for additional protection.

When a crash sensor detects a collision at approximately 10-15 MPH or higher, it sends an electrical signal to the airbag inflator. The airbag deploys within 20-30 milliseconds, filling with nitrogen gas and creating a cushion between the occupant and hard vehicle surfaces. After deployment, the airbag deflates quickly to allow occupants to exit the vehicle. While airbags save thousands of lives each year, the violent deployment process involves extreme forces that can cause injuries, particularly when something goes wrong with the system.

Common Airbag Malfunctions

Airbag systems can fail in several dangerous ways, each potentially leading to serious injuries or death. Understanding these common causes of car accident injuries helps identify whether you have a valid product liability claim.

Failure to deploy: The airbag does not inflate during a collision that meets deployment criteria. This can result from defective crash sensors, faulty electrical connections, or manufacturing defects in the inflator module.

Late deployment: The airbag inflates after the occupant has already struck the steering wheel, dashboard, or other surfaces. Even a fraction of a second delay can render the airbag ineffective.

Inadvertent deployment: The airbag deploys without a collision, such as while driving over a pothole, going through a car wash, or during minor fender benders that should not trigger the system.

Asymmetric deployment: Only one airbag deploys when multiple airbags should have activated. For example, the driver-side airbag deploys but the passenger-side airbag does not.

Aggressive deployment: The airbag deploys with excessive force, causing injuries that exceed what would be expected from normal deployment.

Inflator rupture: The metal canister containing the airbag chemicals ruptures during deployment, sending metal fragments into the vehicle cabin. This defect has been linked to several high-profile product liability recalls involving millions of vehicles.

Types of Airbag Injuries

Airbag deployment involves significant forces that can cause a range of injuries, from minor irritation to life-threatening trauma. The most common airbag-related injuries we see in our Atlanta practice include:

Facial injuries: Broken nose, fractured orbital bones, jaw fractures, lacerations, and contusions to the face from direct impact with the deploying airbag.

Eye injuries: Chemical burns from the propellant gases, corneal abrasions, detached retinas, and permanent vision damage. The force of deployment can also cause globe rupture in severe cases.

Burns: First, second, and third-degree burns from the hot gases released during deployment or from friction with the airbag fabric. Our Atlanta burn injury lawyers frequently handle airbag burn cases.

Traumatic brain injuries: The force of airbag deployment can cause concussions, contusions, and more severe traumatic brain injuries, particularly when the airbag deploys late or with excessive force.

Neck and spinal injuries: Whiplash, cervical spine fractures, and other spinal cord injuries from the rapid deceleration and impact forces involved in airbag deployment.

Chest injuries: Broken ribs, sternum fractures, and internal bleeding from impact with the airbag or steering column.

Arm and hand injuries: Fractures, dislocations, and soft tissue injuries when arms are positioned in front of the deploying airbag.

Hearing damage: Temporary or permanent hearing loss from the explosive sound of airbag deployment, which can exceed 170 decibels.

Who May Be Liable for Airbag Injuries

Airbag injury cases often involve multiple potentially liable parties. Depending on the circumstances of your accident and injuries, you may be able to pursue claims against:

Vehicle manufacturer: The company that designed and assembled the vehicle may be liable if the airbag system was improperly integrated or if the vehicle’s crash structure contributed to abnormal airbag deployment.

Airbag manufacturer: Companies like Takata, Autoliv, ZF TRW, and others that design and produce airbag systems may be liable for defects in their products.

Component suppliers: Manufacturers of individual airbag components such as crash sensors, inflators, and electronic control units may bear responsibility for defective parts.

At-fault driver: If another driver’s negligence caused the collision that led to your airbag injuries, they may be liable under Georgia’s fault-based insurance system regardless of whether the airbag functioned properly.

Vehicle dealership: In some cases, dealerships that failed to perform required safety recalls or made improper repairs may share liability.

Many airbag injury cases involve both a traditional car accident claim against the at-fault driver and a product liability claim against the airbag or vehicle manufacturer. An experienced attorney can evaluate all potential sources of recovery.

What to Do After an Airbag Injury in Atlanta

If you or a passenger suffered injuries from airbag deployment in a crash, taking the right steps immediately after the accident can protect your health and preserve your legal options.

Seek medical attention immediately: Some airbag injuries, particularly internal injuries and traumatic brain injuries, may not be immediately apparent. Get a thorough medical evaluation even if you feel fine at the scene.

Document everything: Take photographs of the deployed airbag, the vehicle interior, and your visible injuries. Note the airbag’s position, any visible damage to the airbag module, and whether chemical residue is present.

Preserve the vehicle: Do not allow the vehicle to be repaired, sold, or scrapped before consulting with an attorney. The airbag module and vehicle electronics contain critical evidence.

Get a copy of the crash report: Request the official Georgia Uniform Motor Vehicle Accident Report from the investigating law enforcement agency.

Do not give recorded statements: Avoid providing recorded statements to insurance adjusters before speaking with an attorney. This applies to both the at-fault driver’s insurer and your own insurance company.

Contact an attorney promptly: Airbag defect cases require specialized investigation and expert analysis. Contact our team to discuss when you need a car accident lawyer and how we can help preserve critical evidence.

Georgia Law and Airbag Injury Cases

Georgia law provides several avenues for recovering compensation after airbag-related injuries. The legal theory that applies to your case depends on what caused your injuries and who bears responsibility.

Product liability claims: Under O.C.G.A. § 51-1-11, manufacturers can be held strictly liable for injuries caused by defective products. You must prove the airbag was defective and that the defect caused your injuries. Georgia recognizes three types of product defects: design defects, manufacturing defects, and failure to warn.

Negligence claims: If another driver’s negligence caused the collision that triggered your airbag deployment, you can pursue a traditional negligence claim. Georgia follows a modified comparative negligence rule under O.C.G.A. § 51-12-33, meaning you can recover damages as long as you were less than 50% at fault.

Statute of limitations: Georgia generally requires personal injury claims to be filed within two years of the injury date under O.C.G.A. § 9-3-33. Product liability claims may have different deadlines depending on when the defect was discovered.

Types of compensation: Georgia law allows recovery of economic damages (medical bills, lost wages, future medical care) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life). Learn more about types of damages in Atlanta car accident cases.

Proving an Airbag Defect Case

Airbag defect cases are among the most complex and expensive types of product liability litigation. Successfully proving your case typically requires:

Expert engineering analysis: Biomechanical engineers, automotive engineers, and airbag specialists must examine the vehicle, the airbag module, and the crash data recorder to determine what went wrong.

Crash reconstruction: Accident reconstructionists analyze the collision dynamics to determine whether the airbag should have deployed (or deployed differently) given the crash severity.

Medical causation: Medical experts must establish that the airbag malfunction, rather than the crash itself, caused your specific injuries.

Testing and analysis: In many cases, exemplar testing on similar airbag systems is required to demonstrate the defect. This testing can cost hundreds of thousands of dollars.

Important note: Cases involving airbag non-deployment (when the airbag did not deploy at all) present particular challenges. We must prove both that the airbag should have deployed and that deployment would have prevented the injuries. These cases against well-funded automakers can cost well into the hundreds of thousands or even exceed $1 million in expert fees and testing costs. For this reason, we are only able to accept airbag non-deployment cases involving catastrophic, life-altering injuries or death.

Frequently Asked Questions About Airbag Injuries in Atlanta

Can I sue if my airbag injured me during a car accident?

Yes, you may have grounds for a lawsuit if your airbag caused injuries beyond what would normally occur in the collision. This is especially true if the airbag malfunctioned by deploying too late, too forcefully, not at all, or at an inappropriate time. You may be able to sue the airbag manufacturer, the vehicle manufacturer, or both under Georgia’s product liability laws.

What should I do if my airbag deployed but still caused serious injuries?

Even when an airbag deploys correctly, it can cause burns, broken bones, and other injuries. If you believe the injuries were excessive for the type of collision, preserve the vehicle and all evidence, seek medical care, and contact an attorney. An expert can analyze whether the airbag deployed with appropriate force for the crash severity.

How much does it cost to hire Butler Kahn for an airbag injury case?

We handle airbag injury cases on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you. However, airbag defect cases require significant investment in expert witnesses and testing, so we must evaluate each case carefully before accepting representation.

My airbag did not deploy in a serious crash. Do I have a case?

Possibly, but airbag non-deployment cases are difficult and expensive to prove. We must demonstrate that the crash met the deployment threshold, that a defect caused the failure, and that deployment would have prevented your injuries. Due to the complexity and cost of these cases, we only accept airbag non-deployment cases involving catastrophic injuries or death.

Can I recover damages if the other driver was at fault for the crash?

Yes. You may be able to pursue claims against both the at-fault driver for causing the collision and the airbag or vehicle manufacturer for the defective product. These are separate legal theories that can both apply to the same case.

What is the deadline to file an airbag injury lawsuit in Georgia?

Georgia’s general statute of limitations for personal injury claims is two years from the date of injury. Product liability claims may have different deadlines depending on when you discovered (or should have discovered) the defect. Contact us promptly to ensure you do not miss any applicable deadlines.

Are there any airbag recalls I should know about?

Yes. Major airbag recalls have affected millions of vehicles, most notably the Takata airbag inflator recall involving nearly 70 million airbags in the United States. Check for recalls affecting your vehicle at NHTSA.gov/recalls.

What types of evidence are important in airbag injury cases?

Critical evidence includes the vehicle itself (especially the airbag module and crash sensors), the event data recorder (“black box”), photographs of the deployed airbag, medical records documenting your injuries, the crash report, and any recall notices affecting your vehicle.

Can I handle an airbag injury claim without a lawyer?

We do not recommend it. Airbag defect cases require specialized engineering experts, extensive testing, and litigation against well-funded auto manufacturers and suppliers. Insurance companies and corporate defendants have teams of lawyers and experts working to minimize or deny your claim.

How long do airbag injury cases typically take to resolve?

Airbag defect litigation against manufacturers can take two to four years or longer due to the complexity of the engineering analysis, discovery, expert depositions, and potential trial. Claims against at-fault drivers may resolve more quickly depending on the circumstances.

What compensation can I recover for airbag injuries?

You may be entitled to compensation for medical expenses, future medical care, lost wages, loss of earning capacity, pain and suffering, emotional distress, permanent scarring or disfigurement, and loss of enjoyment of life. In cases involving egregious conduct, punitive damages may also be available.

Does Georgia have any caps on damages in airbag injury cases?

Georgia does not cap compensatory damages in most personal injury cases. However, punitive damages are generally capped at $250,000 unless the defendant acted with specific intent to harm or was under the influence of drugs or alcohol.

Atlanta Service Areas for Airbag Injury Cases

Butler Kahn represents airbag injury victims throughout the greater Atlanta area and surrounding communities. Our Atlanta office at 10 Lenox Pointe serves clients in:

Atlanta neighborhoods: Buckhead, Midtown, Downtown Atlanta, Brookhaven, Virginia-Highland, Inman Park, Druid Hills, Morningside-Lenox Park, Ansley Park, West End, East Atlanta, Grant Park, Old Fourth Ward, Poncey-Highland, Candler Park, Lake Claire, Decatur, and Atlantic Station.

Fulton County: Sandy Springs, Roswell, Alpharetta, Johns Creek, Milton, College Park, East Point, Hapeville, Union City, Fairburn, and Palmetto.

DeKalb County: Decatur, Dunwoody, Chamblee, Doraville, Tucker, Stone Mountain, Lithonia, Clarkston, Avondale Estates, and Pine Lake.

Cobb County: Marietta, Smyrna, Kennesaw, Acworth, Powder Springs, Austell, and Mableton.

Gwinnett County: Lawrenceville, Duluth, Suwanee, Buford, Snellville, Lilburn, Norcross, and Peachtree Corners. Our Lawrenceville office serves Gwinnett County clients.

Clayton County: Jonesboro, Morrow, Riverdale, Forest Park, Lake City, Lovejoy, and Rex. Our Jonesboro office serves Clayton County clients.

Major roadways: We handle airbag injury cases from accidents on I-285 (Perimeter), I-85, I-75, I-20, GA-400, Peachtree Street, Piedmont Avenue, and other Atlanta-area roads.

Contact Our Atlanta Airbag Injury Lawyers

If you or a loved one suffered injuries from an airbag malfunction or defect in a car accident, Butler Kahn can help you understand your legal options. We take fewer cases on purpose so we can do deeper work on each one, and we prepare every case as if it’s going to trial.

Butler Kahn – Atlanta Personal Injury Lawyers
10 Lenox Pointe
Atlanta, GA 30324
Phone: (678) 940-1444

We also serve clients from our offices in Roswell, Lawrenceville, and Jonesboro.

Contact Butler Kahn by calling (678) 940-1444 or contacting us online for a free consultation. There is no fee unless we win your case.

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