Airbags are designed to deploy in specific crash scenarios — generally moderate-to-severe frontal impacts and certain side impacts. When they fail in a deployment-eligible crash, injuries may be far worse than they should have been, and product liability law may provide an additional avenue of recovery.
The Detailed Answer
When Airbags Should Deploy
Airbag deployment criteria vary by manufacturer and model, but generally include a sufficient impact force, the right impact angle, and other sensor inputs. Not every crash triggers deployment by design — low-speed or angled impacts often do not. The first question is whether the crash was within deployment parameters.
Possible Defects
- Defective sensors that failed to detect the crash.
- Defective inflators that did not fire (or fired with fragmentation, as in widely publicized recalls).
- Wiring or electrical defects.
- Software or control module failures.
- Manufacturing defects in the airbag module itself.
Preserving the Vehicle
The vehicle is your evidence. Do not let it be repaired or scrapped before a qualified engineer can inspect the airbag system, sensors, and event data recorder. Insurance carriers often want to total and dispose of vehicles quickly. A lawyer may be able to send a preservation letter to protect the evidence.
Product Liability Claims in Delaware
Delaware product liability law generally allows claims based on manufacturing defects, design defects, and failure to warn. The defendants may include the vehicle manufacturer, the airbag supplier, and others. These cases are complex and typically require automotive engineering analysis.
What This Means for Your Case
An airbag non-deployment case may be pursued in addition to a standard auto negligence claim against the at-fault driver. Joseph M. Jachetti’s experience with insurance claims helps the firm coordinate the multiple theories of recovery and defendants involved.
Related Questions
Q: What if my airbag deployed and injured me?
Airbag-caused injuries from defective deployment may also support product liability claims.
Q: How long do I have to file?
Delaware generally has a two-year statute of limitations under 10 Del. C. § 8119. Product cases may have additional notice and preservation considerations.
Q: Do I sue the dealer or the manufacturer?
Delaware law generally permits claims against multiple parties in the distribution chain. A lawyer may identify the right defendants.
When to Talk to a Delaware Personal Injury Lawyer
Product liability adds significant complexity to a crash case. The Delaware auto accident team at Schuster Jachetti LLP may be able to evaluate whether your case has a product angle. Read about Joseph M. Jachetti.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.