If I was in an accident in which I was rear-ended at 50 mph and I suffered injuries, do I have a case against the auto manufacturer if my airbag did not deploy?

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If I was in an accident in which I was rear-ended at 50 mph and I suffered injuries, do I have a case against the auto manufacturer if my airbag did not deploy?

I was slammed into the car in front of me; my car is completely totaled. Below my eye socket is fracture and I have a bad concussion because my air bag did not deploy. I had no light on saying that it was inactive or not working.

Asked on October 16, 2014 under Personal Injury, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You may have a case, IF an airbag is supposed to deploy when hit from behind at that speed; the question is, did it not live up to its design specs or standards? If an airbag should have deployed under these circumstances but did not, and that failure contributed (as it seems it would have) to your injuries, you may well have a viable case. Do some preliminary researc on the subject: speak with your automechanic, go to car manufacturer and safety or government organization websites, and see if it appears that an airbag should have deployed in such a collision. If there's reason to think it should have, then speak with a personal injury attorney.


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