Airbags have been a critical motor vehicle safety feature for many years, and are required in all modern vehicles sold in the U.S. One of the primary functions of an airbag is to prevent head, skull and traumatic brain injuries in an automobile accident.
Unfortunately, due to airbag defects and high-velocity deployments, airbags have been known to actually cause brain injuries rather than prevent them. Victims of these malfunctioning safety systems often turn to an Orange County brain injury lawyer to seek compensation for medical expenses and long-term care.
Defective Airbags and Brain Injuries
If an airbag contains a product defect, the odds of it causing a serious injury dramatically increase. Defects can cause an airbag to deploy at random, experience delayed deployment or even explode, such as the airbags involved in the major Takata airbag recall of 2019. Defective airbags may cause brain injuries through any of the following means:
- A blow or jolt to the skull from excessive force
- Penetrating injuries from shrapnel
- The head striking the dashboard or steering wheel due to failure to deploy
- Unexpected deployment, causing blunt-force trauma
Defective airbags have the potential to cause serious brain injuries such as concussions, contusions, hematomas (bruising), swelling, bleeding, diffuse-axonal injuries and coup-contrecoup injuries.
If the evidence shows that an airbag contained a manufacturing, marketing or design defect, the victim can recover financial compensation from the manufacturer even without proof of negligence. This is known as a strict product liability claim.
Blunt-Force Injuries From Regular Airbag Deployment
Even if an airbag functions as the manufacturer intended, with the proper deployment speed and timing, a vehicle occupant who gets struck by the rapidly-inflating bag could suffer a head or brain injury from the force of the impact. This is more common in high-velocity impacts, such as high-speed and head-on collisions.
If the impact from the airbag itself isn’t enough to cause a concussion, the “whiplike” back-and-forth motion of the head and neck could cause a brain injury, such as the tearing of nerve fibers (diffuse-axonal injury). This type of traumatic brain injury is a possibility when the brain rotates inside the skull, damaging the delicate brain fibers. Small children are especially at risk of suffering traumatic brain damage from the explosive force of an airbag, which is why California law requires children under the age of 12 to ride in the back seat, safely away from deploying airbags. Being positioned too close to an airbag also increases the risk of concussion.
How to Seek Financial Compensation for Airbag-Related Brain Injuries
It is critical to always seek professional medical care after a car accident or the deployment of an airbag – especially if the incident results in the airbag or another object striking your face, head or skull. Traumatic brain injuries can have hidden or delayed symptoms, and may only be diagnosed by a medical professional. Prompt treatment is crucial for the best odds of making a full recovery from a brain injury.
When you’re ready to seek financial compensation for your medical bills and other losses, start the claims process by contacting an Orange County injury attorney. An attorney can guide you toward the correct type of legal claim for your situation and case goals. Hiring a lawyer could help you achieve the financial recovery you deserve for a serious brain injury.