Airbag Caused Your Injury in Nebraska? Know Your Legal Rights

Airbags are a critical safety feature designed to protect occupants in a collision. For decades, they have saved countless lives and prevented severe injuries. However, the very force required to deploy an airbag rapidly can, ironically, cause significant injuries itself. When an airbag deploys, it does so at speeds up to 200 miles per hour, generating immense force and heat. For individuals in Nebraska involved in an accident where an airbag deployed and caused injury, understanding your legal rights and options is paramount. This article will guide you through the complexities of airbag injury claims in Nebraska, offering practical advice and outlining the steps you can take to seek justice and compensation.

Understanding Airbag Injuries: When Safety Features Become a Hazard

While airbags prevent a driver or passenger from striking the vehicle's interior, their forceful deployment can lead to a range of injuries. It’s crucial to differentiate between injuries sustained from the accident itself and those directly caused or exacerbated by the airbag.

Common Types of Airbag-Related Injuries

The nature and severity of airbag injuries can vary widely, but some common types include:

• 💥 Facial Injuries: Fractures to the nose, cheekbones, or jaw; lacerations; severe bruising.
• 👁️ Eye Injuries: Corneal abrasions, detached retinas, or even permanent vision loss from direct impact or chemical burns from the airbag's propellants.
• 🧠 Head and Neck Injuries: Concussions, traumatic brain injuries (TBIs), whiplash, cervical spine fractures, especially if the occupant was too close to the airbag.
• 🔥 Burns: Chemical burns from the hot gases and powder released during deployment, or friction burns from the bag itself.
• 💪 Upper Body Injuries: Fractures to the sternum, ribs, collarbone, or arms; internal organ damage (e.g., lung contusions, heart trauma).
• 👂 Hearing Damage: Ruptured eardrums or temporary/permanent hearing loss due to the extremely loud sound of deployment.
• 🤰 Injuries to Pregnant Women and Children: While modern airbags are designed to be safer, older models or improper seating can still cause severe harm, including fetal injury.

Two Main Paths for Airbag Injury Claims in Nebraska

When an airbag causes injury, your legal claim typically falls into one of two categories, each with distinct legal strategies and liable parties.

1. Injuries from Airbag Deployment in a Negligent Car Accident

In many cases, the airbag deploys exactly as intended, but the force of its deployment, combined with the primary impact, leads to specific injuries. Here, the focus is on the negligence of the other driver who caused the accident.

In Nebraska, personal injury claims related to car accidents are governed by a "modified comparative negligence" rule (Nebraska Revised Statutes § 25-21,185.07). This means if you are found to be 50% or more at fault for the accident, you generally cannot recover any damages. If you are less than 50% at fault, your compensation will be reduced by your percentage of fault. For example, if you sustained $100,000 in damages but were deemed 10% at fault, you could only recover $90,000.

Key Elements in a Negligent Driver Claim:

• 🚗 Establishing Negligence: Proving the other driver acted carelessly (e.g., speeding, distracted driving, running a red light) and caused the collision.
• 🩺 Causation and Damages: Demonstrating that the airbag deployment, stemming from the crash, directly caused or significantly contributed to your injuries and their associated costs (medical bills, lost wages, pain and suffering).

An experienced Nebraska attorney can help you navigate these complex fault determinations and ensure all your injuries, including those from the airbag, are properly attributed to the at-fault driver's negligence.

2. Product Liability Claims: Defective Airbags

Sometimes, the airbag itself is to blame. This falls under product liability law, where you may have a claim against the airbag manufacturer, the vehicle manufacturer, or even distributors, if the airbag was defectively designed, manufactured, or lacked adequate warnings.

Common Product Liability Scenarios for Airbags:

• 🛠️ Manufacturing Defects: The airbag assembly was improperly constructed or used faulty materials. For example, a faulty igniter causing over-inflation, or a rupture in the inflator casing (like the widely publicized Takata airbag recalls).
• ⚙️ Design Defects: The airbag's design itself is inherently dangerous. This could include airbags designed to deploy with excessive force, or airbags that deploy at inappropriate speeds or angles, or those that fail to deploy when they should.
• ⚠️ Failure to Warn: The manufacturer failed to provide adequate warnings about potential dangers, such as the risks for children or individuals sitting too close to the airbag, or the danger of putting car seats in the front.
• ❌ Non-Deployment or Delayed Deployment: The airbag failed to deploy during a collision where it should have, leading to preventable injuries.
• 🚀 Over-Deployment or Unnecessary Deployment: The airbag deployed too forcefully, or in a low-speed collision where it wasn't warranted, causing severe injuries.

Proving a Product Liability Claim in Nebraska:

Product liability cases are often more complex and require extensive investigation and expert testimony. You generally need to prove that:

1. The airbag (or vehicle containing it) was defective.
2. The defect existed when the airbag left the manufacturer's control.
3. The defect caused your injuries.
4. You used the product in a reasonably foreseeable manner.

Nebraska recognizes strict product liability, meaning you don't necessarily have to prove the manufacturer was negligent, only that the product was defective and unreasonably dangerous.

Steps to Take After an Airbag Injury Accident in Nebraska

Immediate actions after an accident can significantly impact the success of your legal claim. If you've been injured by an airbag deployment in Nebraska, follow these crucial steps:

1. 🚑 Seek Immediate Medical Attention: Your health is the top priority. Even if you don't feel severely injured at first, airbag deployment can cause internal injuries or concussions that manifest later. A medical professional can diagnose injuries, initiate treatment, and create a vital record for your claim.
2. 📸 Document the Scene and Your Injuries:
   • Take photos and videos of the accident scene, vehicle damage (especially airbag deployment), and any visible injuries you sustained.
   • Note the position of the airbag, any blood, burns, or other visible signs of impact.
   • Capture details like road conditions, weather, and traffic signs.
3. 👮 Report the Accident: File a police report. This creates an official record of the incident, including details of the vehicles involved and initial observations of the scene.
4. 🗣️ Avoid Discussing Fault or Giving Recorded Statements: Do not admit fault or minimize your injuries to anyone at the scene or to insurance adjusters. Do not give a recorded statement to any insurance company (even your own) before speaking with an attorney.
5. 📄 Keep Detailed Records:
   • Maintain a log of all medical appointments, treatments, medications, and expenses.
   • Track lost wages, pain levels, and how your injuries affect your daily life.
   • Keep copies of police reports, insurance communications, and any repair estimates.
6. 🚫 Do Not Tamper with the Vehicle: If you suspect a defective airbag, do not let anyone remove or tamper with the airbag module or the vehicle without your attorney's guidance. The vehicle and its components are critical evidence.
7. ⚖️ Consult with an Experienced Nebraska Personal Injury Attorney: This is perhaps the most important step. A lawyer specializing in accident and product liability law in Nebraska can assess your case, identify liable parties, gather evidence, and protect your rights.

Common Airbag Injury Claims and Potential Compensation in Nebraska

The compensation you might receive in an airbag injury case depends heavily on the specifics of your injuries, their impact on your life, and the clarity of liability. Compensation typically covers both "economic" and "non-economic" damages.

Types of Damages You Can Recover:

• 💸 Medical Expenses: Past and future costs for doctor visits, hospital stays, surgeries, medications, rehabilitation, physical therapy, and assistive devices.
• 💰 Lost Wages and Earning Capacity: Income lost due to time off work, and potential future income loss if your injuries affect your ability to work long-term.
• 🤕 Pain and Suffering: Compensation for physical pain, emotional distress, mental anguish, and discomfort caused by your injuries.
• 💔 Disfigurement: If the airbag injuries result in permanent scarring or changes to your appearance.
• 😔 Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies or activities you once enjoyed.

Hypothetical Compensation Ranges in Nebraska:

It's crucial to understand that every case is unique, and settlement values fluctuate significantly based on factors like injury severity, medical expenses, lost wages, the clarity of liability, and the skill of your attorney. However, based on typical awards and settlements in Nebraska for similar cases:

• Minor to Moderate Injuries (e.g., severe bruising, minor burns, whiplash, non-displaced fractures with full recovery): Compensation might range from $15,000 to $75,000. This often covers medical bills, some lost wages, and moderate pain and suffering.
• Significant Injuries (e.g., facial fractures requiring surgery, moderate concussions, significant burns, permanent scarring, herniated discs): Awards could range from $75,000 to $300,000+. These cases involve more extensive medical treatment, longer recovery times, and a greater impact on quality of life.
• Severe and Catastrophic Injuries (e.g., traumatic brain injury, permanent vision loss, internal organ damage requiring multiple surgeries, extensive disfigurement, long-term disability): Compensation can reach $300,000 to over $1,000,000. These cases often involve lifelong medical care, significant loss of earning capacity, and profound impact on the victim's life.

These ranges are estimates and are provided for illustrative purposes only. A Nebraska personal injury attorney can provide a more accurate assessment after a thorough review of your specific situation.

Hypothetical Case Examples:

Let's consider two typical scenarios in Nebraska:

Case 1: Airbag Injury in a Negligent Car Accident

Sarah, a 32-year-old Nebraska resident, was driving on Dodge Street in Omaha when another driver ran a red light, causing a T-bone collision. Sarah's airbag deployed as intended, preventing her head from hitting the steering wheel. However, the force of the deployment caused a fractured nose, several lacerations to her face requiring stitches, and chemical burns on her arms. Her medical bills totaled $25,000, she missed 4 weeks of work (losing $4,000 in wages), and experienced significant pain and emotional distress from the facial injuries and scarring. Because the other driver was clearly at fault and Sarah's injuries were directly attributable to the deployment following the negligent act, she might seek compensation covering her medical expenses, lost wages, and significant pain and suffering, potentially leading to a settlement in the $80,000 - $150,000 range.

Case 2: Airbag Injury Due to Product Defect

Mark, a 45-year-old from Lincoln, was involved in a low-speed fender-bender in a parking lot. His airbag deployed with excessive force, causing a severe concussion, a fractured sternum, and permanent hearing loss in one ear due to the deployment's sound blast. His medical expenses reached $70,000, and he was unable to work for three months, losing $15,000 in wages. Mark also experienced ongoing dizziness and TBI-related symptoms affecting his daily life. An investigation revealed a manufacturing defect in the airbag inflator causing over-pressurization. In this product liability case against the manufacturer, due to the severe and long-term nature of his injuries and clear evidence of a defect, Mark's claim could be valued in the $400,000 - $800,000+ range, encompassing extensive medical costs, significant lost earning capacity, and substantial pain, suffering, and loss of enjoyment of life.

Key Legal Deadlines in Nebraska: The Statute of Limitations

In Nebraska, there are strict deadlines for filing personal injury lawsuits. This is known as the "Statute of Limitations."

• ⏳ For most personal injury claims, including those involving car accidents and product liability, you generally have four years from the date of the injury to file a lawsuit (Nebraska Revised Statutes § 25-207).

Failing to file your lawsuit within this timeframe almost certainly means you lose your right to pursue compensation, regardless of the merits of your case. There can be limited exceptions, such as for minors or cases where the injury wasn't immediately discoverable, but these are rare and complex. Do not delay in seeking legal advice.

Why You Need a Nebraska Airbag Injury Attorney

Navigating an airbag injury claim is not something you should attempt alone. Here's why experienced legal counsel in Nebraska is invaluable:

• ⚖️ Understanding Complex Laws: Your attorney understands Nebraska's comparative negligence rules and the intricacies of product liability law.
• 🛡️ Dealing with Insurance Companies: Insurance adjusters for the at-fault driver or the product manufacturer are not on your side; their goal is to minimize payouts. An attorney will protect your interests and negotiate on your behalf.
• 🔎 Expert Investigation: For product liability cases, attorneys work with accident reconstructionists, engineers, and medical experts to prove the defect and causation.
• 💲 Accurate Valuation of Your Claim: An attorney will ensure all your damages—economic and non-economic, past and future—are properly calculated and included in your demand.
• 👨‍⚖️ Court Representation: If a fair settlement cannot be reached, your attorney will be prepared to take your case to trial.

Legal Warnings and Risks to Avoid

• 📉 Underestimating Injury Severity: What seems minor initially can develop into a chronic condition. Always get a full medical evaluation.
• ⏳ Delaying Medical Treatment: Gaps in treatment can be used by insurance companies to argue your injuries aren't serious or weren't caused by the accident.
• ✍️ Accepting a Quick Settlement Offer: Early offers are almost always lowball offers designed to get you to settle before you understand the full extent of your damages.
• 💬 Giving Recorded Statements: Never provide a recorded statement to any insurance company without first consulting your attorney.
• ⚖️ Misunderstanding Comparative Negligence: If you are found to be 50% or more at fault, you will lose your right to compensation in Nebraska.

If you or a loved one has suffered an injury due to an airbag deployment in an accident in Nebraska, don't face the complex legal process alone. Seeking prompt legal advice from a qualified personal injury attorney in Nebraska can make a significant difference in securing the compensation you deserve and holding responsible parties accountable.

Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice. The information provided is not a substitute for consulting with a qualified attorney licensed to practice in Nebraska. Legal outcomes depend on specific facts and circumstances. Please seek professional legal counsel for advice tailored to your individual situation.