Injured by an Airbag in Michigan Car Crash?

Airbag Injuries After a Crash? A Michigan Personal Injury Attorney Explains Your Legal Options

🚗💨 Airbags are designed to protect drivers and passengers during a car accident. They are a crucial safety feature in modern vehicles. However, in some instances, airbags can cause injuries themselves. If you've been hurt by an airbag deployment in Michigan, understanding your legal options is essential. This article provides a comprehensive overview of airbag-related injuries, potential causes, and how a Michigan personal injury attorney can help you pursue compensation.

Understanding Airbag Functionality and Potential Hazards

Airbags are deployed when sensors detect a significant impact. They inflate rapidly to cushion occupants, preventing them from hitting the steering wheel, dashboard, or windshield. While airbags save lives, their forceful deployment can lead to injuries. It’s important to understand how they work, and the potential risks that can arise from both proper and improper airbag function.

Common Airbag Injuries: What to Watch For

🤕 Airbag deployment can cause a range of injuries, varying in severity. Here are some of the most common types of injuries associated with airbags:

• 💥Facial Injuries: Abrasions, contusions, fractures of the nose, cheekbones, and jaw are common due to the force of the airbag. Scratches, lacerations, and chemical burns from the airbag’s propellant residue can also occur.
• 👁️Eye Injuries: Corneal abrasions, retinal detachment, and even blindness can result from the impact of the airbag on the eyes.
• 🧠Head Injuries: Concussions, traumatic brain injuries (TBIs), and other head trauma can occur, particularly if the occupant is not properly positioned or if the airbag malfunctions.
• 🫁Chest Injuries: Rib fractures, lung contusions, and internal bleeding are possible due to the force of the airbag against the chest.
• 💪Arm and Hand Injuries: Fractures, sprains, and dislocations of the arms, wrists, and hands can occur when the occupant braces themselves during the impact.
• 🔥Burns: Chemical burns can occur from the gases and residue released during airbag deployment. Friction burns are also possible.

Causes of Airbag Injuries: Identifying the Root of the Problem

⚠️ Airbag injuries can stem from several sources. Understanding the cause is vital in determining liability and pursuing a claim:

• 🛠️Defective Airbags: Airbags can be defective due to manufacturing errors, design flaws, or improper installation. The infamous Takata airbag recall highlighted the dangers of defective inflators that could explode, sending shrapnel into the vehicle's cabin.
• 💥Aggressive Airbags: Some airbags are designed to deploy with excessive force, increasing the risk of injury, especially for smaller individuals or children.
• ⚙️Malfunctioning Sensors: Faulty sensors can cause airbags to deploy unnecessarily or fail to deploy when needed, both of which can lead to injuries.
• 🚑Improper Maintenance: Neglecting regular vehicle maintenance, including airbag system inspections, can increase the risk of malfunction.
• 🤕Pre-existing Conditions: Individuals with pre-existing health conditions, such as osteoporosis or heart problems, may be more susceptible to airbag-related injuries.

Michigan Law and Airbag-Related Claims: What You Need to Know

⚖️ In Michigan, you have legal rights if you've been injured by an airbag. Depending on the circumstances, you may be able to pursue a claim against:

• 🚗The Vehicle Manufacturer: If the airbag was defective, you may have a claim against the manufacturer for product liability.
• ⚙️The Airbag Supplier: If a component of the airbag system was defective, you may have a claim against the supplier.
• 👨‍🔧The Repair Shop or Mechanic: If improper repairs or maintenance contributed to the injury, you may have a claim against the repair shop or mechanic.
• ⚠The At-Fault Driver: If the accident was caused by another driver's negligence, you can pursue a claim against their insurance company for all your injuries including those caused by the airbag.

Michigan's No-Fault Insurance System: Michigan operates under a no-fault insurance system. This means that, regardless of who caused the accident, you are generally entitled to certain benefits through your own auto insurance policy. However, these benefits may not fully cover all your losses, especially in cases of serious injury.

Pursuing a Personal Injury Claim in Michigan: A Step-by-Step Guide

Following these steps will help protect your rights and build a strong case:

1. Seek Medical Attention Immediately: Your health is the top priority. Prompt medical treatment is crucial for diagnosing and treating your injuries. It also creates a documented record of your injuries, which is essential for your claim.
2. Document the Scene: If possible, take photos of the vehicle damage, airbag deployment, and any visible injuries. Gather information from witnesses, if any.
3. Report the Accident: Report the accident to the police and your insurance company.
4. Consult with a Michigan Personal Injury Attorney: An experienced attorney can evaluate your case, advise you on your legal options, and help you navigate the complex legal process.
5. Gather Evidence: Your attorney will help you gather evidence to support your claim, including medical records, police reports, expert testimony, and airbag inspection reports.
6. Negotiate with the Insurance Company: Your attorney will negotiate with the insurance company to reach a fair settlement that compensates you for your losses.
7. File a Lawsuit (if necessary): If a fair settlement cannot be reached, your attorney can file a lawsuit on your behalf to pursue your claim in court.

What Damages Can You Recover in an Airbag Injury Case?

💰 If you've been injured by an airbag in Michigan, you may be entitled to compensation for various damages, including:

• 🏥Medical Expenses: This includes past and future medical bills, rehabilitation costs, and expenses for medications and assistive devices.
• 💸Lost Wages: You can recover lost income from the time you were injured until you are able to return to work. You may also be able to recover lost future earning capacity if your injuries prevent you from working at the same level as before.
• 🤕Pain and Suffering: You can recover compensation for the physical pain, emotional distress, and mental anguish you have suffered as a result of your injuries.
• 🩹Property Damage: You can recover the cost of repairing or replacing your damaged vehicle.
• ♿Accessibility Modifications: If your injuries require you to modify your home or vehicle to accommodate your needs, you can recover the cost of these modifications.
• 💔Loss of Enjoyment of Life: Compensation can be sought for the diminished quality of life resulting from the injuries. This includes the inability to participate in hobbies, activities, and social events.

The Role of a Michigan Personal Injury Attorney: Your Advocate in the Legal Process

🤝 Navigating the legal process after an airbag injury can be challenging. A Michigan personal injury attorney can provide invaluable assistance by:

• Evaluating Your Case: An attorney can assess the merits of your case and advise you on your legal options.
• Investigating the Accident: An attorney can investigate the accident to determine the cause and identify all responsible parties.
• Gathering Evidence: An attorney can gather evidence to support your claim, including medical records, police reports, and expert testimony.
• Negotiating with the Insurance Company: An attorney can negotiate with the insurance company to reach a fair settlement that compensates you for your losses.
• Filing a Lawsuit: If a fair settlement cannot be reached, an attorney can file a lawsuit on your behalf to pursue your claim in court.
• Representing You in Court: An attorney can represent you in court and advocate for your rights.

Key Considerations When Choosing a Michigan Personal Injury Attorney

Selecting the right attorney is crucial for the success of your case. Consider the following factors:

• Experience: Look for an attorney with extensive experience handling airbag injury cases in Michigan.
• Reputation: Check the attorney's reputation and read reviews from past clients.
• Resources: Ensure the attorney has the resources necessary to investigate your case and pursue it effectively.
• Communication: Choose an attorney who is responsive, communicative, and keeps you informed about the progress of your case.
• Contingency Fee Basis: Most personal injury attorneys work on a contingency fee basis, meaning they only get paid if they win your case.

Michigan Statute of Limitations for Personal Injury Claims

⏳ In Michigan, there is a statute of limitations for filing personal injury claims. Generally, you have three years from the date of the accident to file a lawsuit. Failure to file within this timeframe could bar you from recovering compensation. It's crucial to consult with an attorney as soon as possible to ensure your claim is filed within the deadline.

Frequently Asked Questions (FAQs) About Airbag Injuries in Michigan

1. Q: Can I sue if my airbag didn't deploy?
   A: Yes, you may have a case if the airbag failed to deploy in a situation where it should have, and this failure resulted in more severe injuries.
2. Q: What if I signed a release after the accident?
   A: Signing a release can impact your ability to sue. However, consult with an attorney to understand the scope of the release and your options.
3. Q: How much is my airbag injury case worth?
   A: The value of your case depends on the severity of your injuries, the extent of your damages, and the strength of your evidence. An attorney can provide a more accurate estimate after evaluating your case.
4. Q: What is product liability?
   A: Product liability refers to the legal responsibility of manufacturers, distributors, and sellers for defective products that cause injuries.

Conclusion: Protecting Your Rights After an Airbag Injury in Michigan

💥 Airbag injuries can be serious and life-altering. If you or a loved one has been injured by an airbag in Michigan, it's crucial to understand your legal options and take steps to protect your rights. Consulting with an experienced Michigan personal injury attorney can help you navigate the legal process, gather evidence, and pursue the compensation you deserve.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.