Is There a Wrongful Death Claim If an Airbag Fails During a Fatal Crash?
Yes, you can file a wrongful death claim if a defective airbag fails to deploy or malfunctions during a fatal crash. Under product liability law, families can hold the airbag or vehicle manufacturer legally accountable and pursue compensation for the loss of life and other resulting damages.
At Todd Miner Law, our experienced attorneys help families hold manufacturers accountable if an airbag fails during a fatal crash. We guide you through every step of the process, from gathering evidence and filing your claim to managing insurance negotiations and court proceedings. With this approach, we’ve recovered millions for car accident victims and their families, helping them secure fair compensation for medical bills. Call 407-894-1480 for a free consultation.
How Does Airbag Non-Deployment Cause a Fatal Crash?
When an airbag fails to deploy, your body absorbs the full force of the crash, striking the steering wheel, dashboard, or side panels. Without the protective cushion of the airbag, you can suffer severe injuries, including head trauma, neck damage, and internal injuries. Even if you are wearing a seatbelt, uncontrolled movement during the crash can still result in fatal injuries.
Airbag non-deployment can also worsen injuries caused by secondary impacts within the vehicle. For example, your body may collide with windows, doors, or other passengers, increasing the risk of head trauma, broken bones, and internal bleeding, and leading to loss of life. According to the Insurance Institute for Highway Safety (IIHS), front airbags reduce driver fatalities by about 29% and front-seat passenger deaths by about 32% in frontal crashes.
Who Can Be Held Liable For A Fatal Airbag Failure?
The airbag manufacturer or vehicle manufacturer can be held liable if a faulty airbag fails to deploy during a fatal crash. In some cases, a repair shop, parts supplier, or mechanic may also share liability if improper maintenance, installation, or faulty components contributed to the airbag failure.
In addition, the following parties may also be legally responsible for a fatal airbag failure:
- Dealerships that sold vehicles without disclosing known manufacturing defects or failed to address recall notices.
- Vehicle owners or fleet operators who ignored recalls or neglected proper vehicle maintenance.
- Software developers are held responsible for airbag deployment systems if coding errors cause the system to malfunction.
- Third-party service providers may also share liability when vehicle modifications or customizations impair airbag performance.
- Manufacturer quality control teams whose inspection failures allowed defective airbags to be sold.
At Todd Miner Law, we conduct thorough investigations to identify every party that may be responsible for a fatal airbag failure, including manufacturers, dealerships, and service providers. During this process, we review recalls, maintenance records, and defect reports to gather the evidence needed for a strong, compelling case. Call 407-894-1480 for a free consultation.
How Do Recalls and Prior Complaints Affect an Airbag Wrongful Death Case?
In a wrongful death case, recalls and prior complaints show that the manufacturer knew about airbag defects but failed to address them. This evidence helps you prove negligence, establish strict liability, and show the manufacturer’s reckless disregard for safety. It can also support punitive damages and improve your chances of full and fair compensation.
Can Federal Preemption Excuse Liability in Fatal Airbag Cases?
Yes, federal preemption can limit liability in fatal airbag cases. If a manufacturer follows the Federal Motor Vehicle Safety Standards (FMVSS), state-law claims that conflict with these federal rules may be dismissed. For example, in Geier v. American Honda Motor Co., 529 U.S. 861 (2000), the Supreme Court dismissed a state claim for failing to install an airbag because FMVSS 208 allowed manufacturers to choose restraint systems.
However, you can still pursue a wrongful death claim if the airbag malfunctioned due to defective sensors or ignored recalls. Under the National Traffic and Motor Vehicle Safety Act’s “savings clause” (49 U.S.C. 30103(e)), compliance with federal standards does not automatically protect a manufacturer from liability under state law, including wrongful death or product liability claims.
How Do Product Liability Theories Apply to Airbag Wrongful Death Claims?
Product liability theories apply if airbag design flaws, manufacturing errors, or missing warnings contribute directly to a fatal crash. However, to succeed in a wrongful death claim, you must show that the airbag was defective at the time of manufacture and that this defect directly caused the death. Courts also examine whether the manufacturer could have expected the risk and rely on expert analysis to link the defect to the fatal outcome.
Do Federal Safety Standards (FMVSS) Affect an Airbag Defect Case?
Yes, Federal Motor Vehicle Safety Standards (FMVSS) can affect an airbag defect case. They set minimum safety rules, such as FMVSS 208 for airbag deployment and FMVSS 226 for side-impact protection. A manufacturer’s failure to meet these standards can lead to a recall. It also provides strong evidence that the airbag was defective, which supports a wrongful death or product liability claim.
However, FMVSS compliance does not guarantee airbag safety. In many cases, courts examine how the airbag functioned in actual crash conditions. For instance, design flaws, faulty sensors, or improper installation may still cause a dangerous malfunction. Therefore, courts rely on expert testimony, recall history, and crash data to prove liability and strengthen a wrongful death claim.
What Are the Most Common Defenses in Airbag Wrongful Death Lawsuits?
Manufacturers often argue that driver actions, crash severity, or external factors such as poor road conditions caused the fatal injuries. To support these claims, they rely on car crash data, black box information, expert testimony, and proof that the airbag complied with federal safety standards.
Additionally, manufacturers commonly rely on the following defenses to dispute liability in airbag wrongful death cases:
- The vehicle owner failed to properly maintain the vehicle, resulting in reduced airbag performance.
- The car’s airbag system was tampered with or modified after leaving the factory.
- The occupant did not wear a seatbelt or follow safety instructions.
- Pre-existing medical conditions contributed to the fatal outcome.
- Normal vehicle age or wear and tear did not affect the airbag’s performance.
Let Todd Miner Law Help You Investigate A Fatal Airbag Non-Deployment Case — Call Us Now!
If a defective airbag caused the death of your loved one, your family may face unexpected medical expenses, funeral costs, and the loss of financial support. Meanwhile, manufacturers may deny liability, and insurance companies often seek to minimize or delay claims, making it difficult to secure compensation.
Recognized on the ASLA’s Top 100 Lawyers list, our lawyers at Todd Miner Law review vehicle and crash evidence, consult with experts, and develop a strong legal strategy to hold manufacturers accountable. With strong familiarity with local courts and insurance procedures, we support families throughout Orlando, Kissimmee, Lake Mary, and the surrounding areas. Call 407-894-1480 today or visit us at 915 Outer Rd, Orlando, FL 32814, to discuss your case.
FAQs
Can You Sue For Airbag Failure?
Yes, you can sue for airbag failure. If an airbag malfunctions or fails to deploy during a crash, it may be considered a defective product. In these cases, victims or their families can file a wrongful death lawsuit against the vehicle or airbag manufacturer.
What Is The 5 10 20 Rule For Airbags?
The 5-10-20 rule provides guidance on safe positioning around airbags. According to this rule, drivers should sit at least 10 inches from front airbags, occupants should remain at least 5 inches away from side airbags, and children should be at least 20 inches from front airbags to reduce injury risk during deployment.
Does Not Wearing A Seatbelt Prevent A Wrongful Death Airbag Claim?
No, not wearing a seatbelt does not automatically block a wrongful death airbag claim. Manufacturers may claim that the injuries were worsened by the lack of a seatbelt. However, you can still pursue a claim if the airbag failed to deploy or was defective and contributed to the death.
Can An Airbag Cause Fatal Injuries During Deployment?
Yes, airbags can cause fatal injuries. This risk increases when an occupant sits too close, fails to wear a seatbelt, or when the airbag deploys with excessive force. While airbags save lives in most collisions, defects in the system, faulty sensors, or improper deployment can still lead to serious injuries or wrongful death.
Can Federal Safety Compliance Be Used As A Defense In Airbag Cases?
Yes, manufacturers sometimes use compliance with Federal Motor Vehicle Safety Standards (FMVSS) as a defense. They claim the airbag deployed in accordance with federal regulations. However, regulatory compliance does not prevent wrongful death or airbag injury claims if defects, malfunctions, or operational failures contributed to the injuries.
What Is The Filing Deadline For An Airbag Wrongful Death Lawsuit?
In Florida, the filing deadline for an airbag wrongful death lawsuit is generally two years from the date of the loved one’s death. Once that period expires, courts may dismiss the claim entirely. That’s why it’s important to act quickly, preserve evidence, document the incident, and consult an attorney to protect the legal rights of your family members.
Do I Need A Lawyer For A Fatal Airbag Failure Claim?
Yes, hiring a personal injury lawyer is important because Fatal airbag non-deployment cases involve complex vehicle defects and multiple parties. At Todd Miner Law, our attorneys carefully examine medical records, vehicle damage, and collision data. We also identify other responsible parties and guide you through the legal process to pursue compensation for lost wages and property damage.
