How to Sue for Airbag Failure After a Car Accident in NJ

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Airbags are one of the most important safety features in modern vehicles, designed to protect you during a collision. But what if your airbag fails to deploy when you need it most? Unfortunately, this scenario is all too real for some New Jersey drivers and passengers. If your airbag did not deploy during a car accident, or malfunctioned in any way, you might face additional injuries, medical bills, and uncertainty about your legal options.

In this guide, we break down everything New Jersey accident victims need to know about airbag failure lawsuits: how these cases work, who may be liable, the steps to take immediately after an accident, and how to secure the compensation you deserve.

 

What Happens If an Airbag Fails to Deploy in a New Jersey Accident?

Airbags are supposed to save lives and reduce the severity of injuries during a crash. When they fail, the consequences can be devastating—turning what might have been a minor injury into a catastrophic one. In New Jersey, airbag failures often lead to complex legal questions and significant frustration for injured parties.

The Impact of Airbag Failure

When an airbag fails to deploy:

1. Injuries are often more severe because the force of the impact is absorbed by the driver or passenger’s body, not the airbag.
2. Medical bills can skyrocket due to the need for more extensive treatment.
3. Insurance companies may dispute claims if the cause of the airbag failure isn’t clear, further delaying financial recovery.
4. Victims may suffer emotional trauma as well as physical pain, especially if the failure was preventable.

Common Causes of Airbag Deployment Failure

1. Defective Sensors: If the sensors that detect a collision don’t work properly, the airbag may never deploy.
2. Electrical Problems: Damaged wiring or faulty circuits can interrupt the signal needed to trigger the airbag.
3. Manufacturing Defects: Flaws in production or assembly can render an airbag useless in an accident.
4. Recall-Related Issues: Some vehicles are sold with known defective airbags that are later subject to safety recalls.
5. Improper Installation: Mistakes during installation or repairs may disable the airbag system.

Real-World Example

A driver in NJ is rear-ended at a stoplight. The force of the collision should trigger the airbag, but it does not deploy. The driver suffers a head injury and broken ribs that could have been prevented if the airbag functioned as intended.

Typical Injuries from Airbag Malfunctions

Airbag failures can cause or worsen:

1. Head and brain injuries (including concussion or traumatic brain injury)
2. Facial lacerations, fractures, and scarring
3. Spinal cord and neck injuries
4. Chest, rib, and internal injuries
5. Permanent disabilities or even fatalities in severe cases

 

Can You Sue for a Defective Airbag in New Jersey?

If you’re wondering, “Can I sue for a defective airbag in NJ?”—the answer is yes, you can. New Jersey law recognizes your right to hold manufacturers, sellers, and other parties accountable if their product injures you.

Who Can Be Held Liable?

1. Car Manufacturer: Ultimately responsible for ensuring the safety of the vehicle as a whole.
2. Airbag Manufacturer: If the airbag or its components are defective, the parts supplier or manufacturer may share responsibility.
3. Car Dealership: If the defect was known but not disclosed at the time of sale, or if a recall repair was not performed.
4. Repair or Maintenance Shop: If improper repairs or installations contributed to the airbag malfunction.

Product Liability Laws in NJ Explained

Product liability is a legal doctrine holding manufacturers and sellers responsible for injuries caused by defective products. In New Jersey, you can sue under the following legal theories:

• Design Defect: The product is inherently dangerous because of the way it was designed.
• Manufacturing Defect: A mistake during manufacturing or assembly caused the airbag to be unsafe.
• Failure to Warn: The manufacturer did not provide adequate warnings or instructions about risks.

To win your case, you don’t always have to prove negligence. It may be enough to show that the airbag was unreasonably dangerous and directly caused your injuries.

New Jersey’s Strict Liability Law

NJ is a “strict liability” state for product defects—meaning the manufacturer can be liable even if they were not negligent, as long as the product was defective and caused harm.

 

The Legal Process for Airbag Failure Lawsuits in NJ

Filing a lawsuit over a defective airbag in New Jersey is a step-by-step process. Understanding each phase can help you prepare and protect your rights.

Steps to File a Lawsuit

1. Seek Medical Attention: Your health is the top priority. Immediate care also establishes a record of your injuries.
2. Preserve the Vehicle and Airbag: Do not repair or dispose of the car until a qualified expert has inspected it. The airbag and onboard data are crucial evidence.
3. Collect Documentation: Gather accident reports, medical records, photos of your injuries and the vehicle, recall notices, and any correspondence from manufacturers.
4. Consult an Experienced NJ Airbag Injury Attorney: Look for someone with expertise in product liability and auto defect cases.
5. Attorney Investigates and Files the Claim: Your lawyer will consult experts, collect evidence, and draft a complaint against the responsible parties.
6. Negotiation and Litigation: Many cases settle out of court, but if necessary, your case may go to trial.

Evidence Needed for Your Case

Strong evidence is key to a successful lawsuit:

1. Police accident reports (showing crash circumstances)
2. Medical records (documenting all injuries and treatments)
3. Photos and video of the vehicle, accident scene, and injuries
4. Vehicle inspection reports by experts showing the airbag failed
5. Recall information or prior defect complaints relevant to your car model

Statute of Limitations for Airbag Claims in NJ

In New Jersey, you generally have two years from the date of the accident or injury to file a product liability lawsuit. Some exceptions may apply (for example, for minors), but missing this deadline can bar you from recovering any compensation.

 

How to Find the Right New Jersey Airbag Injury Attorney

Product liability cases, especially those involving auto defects, require specialized legal skills and resources. Here’s how to find the best attorney for your case:

Qualities to Look For

1. Experience with airbag or auto defect cases
2. Strong track record of settlements and verdicts
3. Access to technical experts and accident reconstructionists
4. Clear communication and responsiveness
5. No up-front fees—most work on a contingency basis (you only pay if you win)

Questions to Ask Your Lawyer

1. How many airbag defect or auto product liability cases have you handled?
2. What were the outcomes of those cases?
3. Who will actually be working on my case?
4. How do you keep clients informed throughout the process?
5. What are your fees and will I owe anything if we don’t win?

What to Expect During Your Case

1. Thorough investigation: Your lawyer will analyze the vehicle, consult experts, and gather all evidence.
2. Filing the lawsuit: A complaint is filed against all potentially liable parties.
3. Negotiations: Most manufacturers prefer to settle to avoid public trials, but your attorney should be ready to go to court if needed.
4. Timeline: Cases can resolve in a few months if settled, but may take longer if they go to trial or involve complex technical questions.

 

Compensation and Settlements for Airbag Injury Claims

Types of Compensation Available

If your lawsuit is successful, you may be entitled to compensation for:

1. Medical bills: Including ER visits, surgeries, rehabilitation, and future medical needs.
2. Lost wages: For time missed from work and any reduction in earning capacity.
3. Pain and suffering: Compensation for physical pain and emotional distress.
4. Permanent disability or disfigurement: For injuries that result in lifelong changes.
5. Property damage: If your vehicle or personal property was damaged.

Realistic Settlement Amounts in NJ

Settlement values depend on many factors, including:

• Severity and permanence of your injuries
• Cost of medical treatment
• Strength of the evidence (proof that the airbag was defective)
• Number of liable parties and their financial resources

Typical settlements for serious airbag defect injuries can range from $50,000 to $500,000 or more. Cases involving catastrophic injuries or fatalities may result in higher verdicts or settlements.

 

What to Do After Airbag Failure in an NJ Accident: Quick Steps

1. Seek Medical Care: Your health is most important. Get checked even if injuries seem minor.
2. Preserve Your Vehicle: Do not authorize repairs until your lawyer and their experts have inspected the airbag system.
3. Document Everything: Take photos, keep receipts, and make notes about how your injuries affect your daily life.
4. Consult a Lawyer: The sooner you get legal advice, the better your chances for a successful outcome.
   

 

Common Problems for Victims

1. Manufacturer or dealer denial: Companies often deny responsibility or blame another party.
2. Lack of evidence: Without timely documentation, it can be hard to prove the airbag was defective.
3. Statute of limitations: Missing the two-year deadline means you lose your right to sue.
4. Finding the right lawyer: Not all attorneys have experience with complex product liability claims.
   

 

Frequently Asked Questions (FAQ)

What should I do if my airbag didn’t deploy in a New Jersey accident?
Seek medical attention, preserve your vehicle, document everything, and contact a qualified product liability attorney as soon as possible.

Can I sue the car manufacturer for a defective airbag?
Yes. If the defect contributed to your injuries, you have the right to pursue compensation from the manufacturer or other responsible parties.

How long do I have to file a lawsuit?
Generally, you have two years from the accident date. Don’t delay, as missing the deadline can bar your claim.

What compensation can I receive?
Compensation may include medical expenses, lost income, pain and suffering, and more, depending on the details of your case.

Will my case settle or go to trial?
Most cases settle, but your attorney should prepare as if your case will go to trial to maximize your leverage and settlement offer.

 

Contact The Epstein Law Firm, P.A., Today

A failed airbag can change your life in an instant. If you’ve been injured due to airbag failure in a New Jersey accident, you have powerful legal rights—but you must act quickly and strategically. Product liability law is complicated, and big manufacturers have teams of lawyers on their side. You deserve the same advantage.

Don’t wait and risk your case. Contact The Epstein Law Firm, P.A., today for a free, confidential consultation. There are no fees unless you win.