It’s not fun to think about airbags deploying, particularly if you’ve just experienced these safety devices exploding around you. However, if a collision was forceful enough to cause an airbag to explode, then there is a good chance injuries occurred or even that the airbag caused injuries of its own when it deployed. Here, we want to examine how airbag deployment can affect a vehicle accident claim.
How Airbag Deployment Impacts a Car Accident Claim
When airbags deploy in a car accident, it can play a significant role in how your personal injury claim is handled. While airbags are made to protect vehicle occupants, they can also cause injuries when they deploy, particularly in high-speed crashes. Airbag deployment can affect a claim in several ways:
- Indication of severity. Airbags typically deploy only in moderate to severe collisions. Their deployment serves as an indicator that the crash was forceful enough to cause significant damage and potential injuries. This can support your claim that you were injured and that the accident was serious.
- Proof of injury. If airbags deploy and you sustain injuries, it helps substantiate that the injuries were caused by the accident. Your medical records combined with the fact that the airbag deployed can strengthen your case when seeking compensation.
- Property damage. Airbags can also cause extensive damage to the interior of a vehicle, resulting in costly repairs. Insurance carriers will factor in the cost of replacing deployed airbags when determining compensation for property damage.
However, it is essential to note that while airbag deployment may support your claim, proving negligence is still a crucial part of any personal injury case. You must show that the other driver’s negligence caused the accident and, consequently, the airbag deployment.
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Injuries Caused by Airbags
While airbags are designed to prevent serious injury by cushioning the impact, they can still cause harm. The force and speed at which an airbag inflates can lead to injuries, especially if you are seated too close to the steering wheel or dashboard. Some of the most common injuries caused by airbag deployment include:
- Burns and abrasions. The rapid inflation of an airbag can cause friction burns or abrasions on the skin, especially on the face, arms, and chest. In some cases, the chemicals used in airbag deployment can cause chemical burns.
- Fractures. The impact of an airbag can cause fractures, particularly to the nose, ribs, or hands. This is more likely to happen if a person is sitting too close to the steering wheel or dashboard at the time of deployment.
- Concussions. The force of an airbag hitting the head can cause head and brain trauma. While the airbag’s purpose is to prevent more severe injuries, the impact can still be strong enough to cause head trauma.
- Eye injuries. The deployment of an airbag can cause eye injuries, including bruising or damage to the cornea, from either the force of the impact or chemicals used during inflation.
- Hearing loss. The loud explosion of the airbag deploying can lead to long-term or even permanent hearing loss due to the high decibel levels involved in the process.
If you sustain injuries from an airbag deployment, these injuries are still considered part of the accident. This means they are factored into your overall compensation claim, even if the injuries were not directly caused by the collision itself.
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Florida’s No-Fault Insurance and Airbag Deployment
Florida uses a no-fault insurance system that differs from most other states. For FL driver, this means that your Personal Injury Protection (PIP) insurance will cover most necessary medical costs and certain other financial losses, regardless of who caused the accident. PIP coverage is required in the state of FL and typically includes:
- Coverage for medical expenses up to $10,000
- Compensation for lost wages
- Reimbursement for medical treatment and rehabilitation
If your injuries exceed your PIP limits or if you sustain a serious injury as described under state law, you may be able to file a personal injury claim in civil court against the alleged at-fault driver to recover additional compensation, including pain and suffering and long-term medical care.
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Do You Need an Attorney After Airbag Deployment?
Airbag deployment can add complexity to a car accident claim, especially if you have suffered injuries as a result. Consulting with an experienced personal injury attorney is crucial to ensuring you are treated fairly. An attorney can help you:
- Evaluate your injuries. A car accident attorney will review your medical records and work with experts to determine the full extent of your injuries, including those caused by the airbag deployment.
- Negotiate with insurance companies. Insurance companies may attempt to minimize your claim, especially if they argue that your injuries were caused by the airbag rather than the accident. A skilled attorney will negotiate on your behalf to ensure you receive fair compensation.
File a lawsuit if necessary. If your injuries are severe or if a defective airbag caused your injuries, an attorney can help you file a personal injury lawsuit or a product liability claim against the responsible parties.
