You trust your vehicle’s safety features, the frame, seatbelts, and airbags to protect you. When these systems fail, a minor accident can become a major tragedy.
If a faulty part worsened your injuries, recovery can feel more difficult, but there is hope. A product liability lawyer can help you find a path forward.
For example, a non-deploying airbag or a snapped seatbelt removed the protection you paid for in your vehicle.
Legally, this falls under the crashworthiness doctrine, which requires manufacturers to design vehicles that protect occupants in a crash. If the vehicle fails, the manufacturer can be held liable for your injuries.
If you or someone you love suffered a serious injury because a safety part did not work, you may have a valid defective airbag claim or defective seatbelt lawsuit.
Understanding your personal injury rights can help you take control and hold the responsible parties accountable.
Key Takeaways
- Your Safety Systems Are Legally Protected: You have the legal right to seek compensation for “enhanced injuries” that were made worse by a safety failure, even if the original accident was just a mistake. This ensures you aren’t left carrying the burden of a manufacturer’s error.
- Preserving the Vehicle is Your Top Priority: Because the car itself is the strongest piece of evidence we have, it is vital to prevent it from being scrapped or crushed. This allows our experts to inspect every part and prove exactly what went wrong.
- Timing is Everything for Your Recovery: Because legal deadlines in Georgia and Tennessee are very strict, and special rules like the statute of repose can protect older cars, it is so important to reach out for help as soon as you can. Acting early gives you the best chance at a full and healthy recovery.
How to Prove Defect vs. Accident Impact
One of the most important parts of your case is demonstrating the distinction between the accident itself and the safety system’s failure. This type of legal case is different from a typical car wreck claim. You aren’t just looking at who caused the initial hit. You are looking at why your injuries were so serious.
This is often called the “second collision.” The first collision is the car hitting another object. The second collision is your body hitting the interior of your own car because a safety device failed.
To win a case like this, your legal team must prove that your injuries would have been much less serious if the safety system had worked as designed.
For example, a low-speed impact might normally cause minor bruising. But if the seatbelt fails, that same impact could cause a passenger to strike the dashboard with enough force to cause a brain injury.
Attorneys work to isolate those “extra” injuries and prove they were caused by a product defect. This process requires reviewing medical records, crash data, and the physical evidence left in the vehicle.
Common Airbag and Seatbelt Defects
Safety systems are made of many small, moving parts that must work together in a split second. If one sensor fails or one wire is loose, the whole system can fall apart. Understanding these failures is key to building a strong defective airbag claim.
The Different Ways Airbag Systems Might Fail
Airbags use a mix of sensors and chemical reactions to inflate in the blink of an eye. Even a small error in the code or the hardware can lead to disaster. According to data from the Insurance Institute for Highway Safety (IIHS), in frontal crashes, front airbags reduce driver fatalities by 29%. When they fail, that protection is lost.
- Failure to Deploy: This is a common issue in defective airbag claims. This happens when the car hits something hard enough that the airbag should fire, but it stays tucked in the dashboard. This is often caused by faulty sensors or software that fails to detect the crash correctly.
- Late Deployment: Timing is everything for an airbag. The bag must be full before your body moves toward it. If the bag fires even a few milliseconds late, it is still expanding when you hit it. This can cause the bag to hit you with the force of a hammer, leading to broken necks or brain trauma.
- Inadvertent Deployment: Sometimes airbags deploy without a crash. Hitting a curb or a deep pothole might trigger a faulty sensor. This can cause the driver to lose control of the car, leading to a new accident that never should have happened.
- Exploding Inflators: The Takata recall showed the world that airbags can be deadly. If the chemicals inside the bag become unstable, the metal housing can explode. This sends metal shards flying through the cabin like shrapnel from a bomb. These cases often require a specialized automotive safety recall attorney.
Understanding How Seatbelts Can Fail During a Collision
Your seatbelt is your first line of defense. If it fails, even the best airbag in the world cannot save you from injury. A defective seatbelt lawsuit focuses on these specific mechanical breakdowns.
- Retractor Failure: The retractor is the part that pulls the belt tight and locks it during a stop. If this part is broken, the belt stays loose during a crash. This allows your body to fly forward and hit the steering wheel or the dashboard.
- False Latching: You might hear a “click” and think the buckle is locked, but it isn’t. During a crash, the buckle can pop open. This leaves you completely unrestrained as the car spins or flips.
- Inertial Unlatching: This is a design flaw in which the crash’s actual force pushes the release button. The belt opens up right when the impact is at its strongest.
- Torn Webbing: The seatbelt fabric should be strong enough to withstand thousands of pounds. If the material is cheap or has a manufacturing flaw, it can rip apart during a collision.
Manufacturer Liability in Product Claims
When you file a defective seatbelt lawsuit, you are taking on a corporation. This is different from suing another driver for being distracted. These cases usually fall under “strict liability.” This means you don’t have to prove the company was being “mean” or “careless.” You only have to prove that the product was broken and that the break caused your injury.
Liability can extend through the entire supply chain. This includes:
- The Vehicle Manufacturer: The company that designed and sold the car.
- The Parts Supplier: The third-party company that made the specific airbag or seatbelt assembly.
- The Dealership: In some cases, a dealership may be held responsible if it sold a vehicle with a known, unrepaired safety defect.
There are three main ways a product can be defective. First, design flaws mean the part’s blueprint was flawed from the start. Second, manufacturing flaws mean something went wrong at the factory, even if the design was good. Third, a failure to warn means the company knew about a risk but didn’t tell the people who bought the car. Working with an experienced product liability lawyer ensures every responsible party is identified and held accountable.
The Emotional and Financial Impact of Enhanced Injuries
Safety failures often lead to injuries far more serious than those in typical car wrecks. These “enhanced injuries” can change your life in an instant. A victim might face a long road of surgeries, physical therapy, and emotional healing.
The financial burden can be quite large. Beyond the immediate hospital bills, there is the cost of long-term care, home modifications for mobility, and the loss of income if you can’t return to work. We understand that this is more than just a legal case; it is your life. Our goal is to ensure you have the support you need to manage these costs so you can focus on getting better.
Why Minimum Safety Standards Are Not Enough
Car companies often try to hide behind government rules. They will say they complied with all minimum safety laws set by the National Highway Traffic Safety Administration (NHTSA). But just because a car meets the “minimum” doesn’t mean it is safe.
Technology moves faster than the law. A car can pass a government test and still have a dangerous design that causes injuries in real-world crashes. For example, a car might pass a frontal crash test but fail to protect passengers in a side-impact or “small overlap” crash. We work to show that there were better, safer ways to build the car that the company ignored to save a few dollars. Proving that a safer design was possible is a key part of our strategy.
Recalls and Product Safety Data
Recalls are an important part of any defective seatbelt lawsuit or airbag claim. They serve as an admission from the car maker that something is wrong. According to NHTSA data, millions of vehicles are on the road today with open safety recalls.
The Takata airbag recall is the largest in history, affecting tens of millions of vehicles. NHTSA has reported that at least 27 people in the United States have been killed by these exploding inflators. If you are injured by a part that was already under recall, it can provide very strong evidence for your case.
We encourage everyone to check their vehicle’s status regularly. You can check your VIN number on the NHTSA website. This will tell you if there are any open safety recalls on your vehicle. If you were hurt by a recalled part, you should speak with an automotive safety recall attorney immediately to discuss your options for recovery.
Common Defenses Used by Auto Manufacturers
Auto manufacturers have large legal teams and deep pockets. They will use many tactics to avoid paying for your injuries. A common defense is to blame the crash’s force, claiming that no safety system could have prevented the harm. They may also try to blame the driver for not wearing the seatbelt correctly or for making modifications to the car.
Another tactic is the “state of the art” defense. They may claim that at the time the car was built, no better safety technology existed. We counter these defenses by citing expert research showing that safer designs are not only possible but already used by other companies. Knowing how these companies think allows us to stay one step ahead in the courtroom.
Role of Expert Witnesses in Product Claims
We don’t expect a jury to just take our word for it. We use world-class experts to prove what happened inside the car. These professionals bring the science that strengthens your case.
- Biomechanical engineers study how the human body responds to force. They can show that your specific injury, such as a certain type of skull fracture, occurs only when an airbag fails to deploy. They help the jury understand the “second collision.”
- Accident Reconstructionists: These pros use math and computers to show how the crash happened. They look at the “black box” in your car. This device records your speed and whether the car tried to fire the airbags. This data is hard to argue with and provides a clear picture of the crash.
- Design Engineers: These experts review blueprints and test logs. They can find the exact spot where the car maker chose a cheap part over a safe one. They can also explain how a safer design would have prevented your injuries.
Seeking Fair Compensation for Your Injuries
Because safety failures often lead to very serious trauma, the settlements in these cases can be large. We fight to get you money for:
- Medical Bills: This includes your hospital stay, surgeries, and any care you will need for the rest of your life.
- Lost Wages: If you can’t go back to work because of your injury, the car company should pay for the money you would have earned.
- Pain and Suffering: This covers the physical pain and emotional stress the accident caused you.
- Punitive Damages: In rare cases, if the company knew the car was deadly and did nothing, the court might impose additional fines to deter such conduct in the future.
Knowing Your State’s Deadlines and Legal Time Limits
You do not have forever to file a claim. Every state has a “statute of limitations” that sets a clock on your case.
- Georgia: You usually have two years from the date of the crash to file. But Georgia also has a “Statute of Repose.” This means you usually cannot sue if the car is more than 10 years old, though there are some exceptions for very reckless behavior by the company. This is found under O.C.G.A. § 51-1-11.
- Tennessee: The clock is much faster here. You generally only have within six (6) years of the date of injury, in any event, the action must be brought within ten (10) years from the date on which the product was first purchased for use or consumption, or within one (1) year after the expiration of the anticipated life of the product, whichever is the shorter, except in the case of injury to minors whose action must be brought within a period of one (1) year after attaining the age of majority, whichever occurs sooner. If you wait any longer, you lose your right to sue.
Given these tight deadlines, it is vital to consult a product liability lawyer as soon as possible to protect your future. We can help you understand the specific rules in your location and ensure your paperwork is filed on time.
Insurance Claims vs. Product Liability Lawsuits
It is helpful to know that a product liability case is very different from a standard insurance claim. While an insurance company might offer a quick settlement to cover your car’s repairs, they often does not account for the long-term impact of a safety failure.
Insurance companies focus on the “first collision, “the accident itself. A defective seatbelt lawsuit focuses on the manufacturer’s failure to protect you. These lawsuits often result in much higher compensation because they address catastrophic, preventable injuries that insurance adjusters might overlook. By pursuing a product claim, you are looking out for your long-term health and financial stability rather than just accepting a quick check.
Preparing for Your Consultation: What You Need to Bring
When you meet with a product liability lawyer for the first time, having the right information can help us start your case quickly. Even if you don’t have everything yet, don’t worry, we can help you find what you’re missing.
If you can, try to bring:
- Photos of the Scene and the Car: Pictures showing the inside of the car, specifically the airbags and seatbelts, are very valuable.
- Medical Records: Any documents from the hospital that describe your injuries.
- The Police Report: This helps us understand the official version of the accident.
- Recall Notices: If you have ever received a letter about a recall for your car, keep it.
- The Location of the Car: Knowing exactly where the car is being held (like a specific tow yard) allows us to send our experts to inspect it before it is moved.
Common Questions: Vehicle Safety Defects, Product Liability, and Car Accidents
Can I sue if the accident was my fault?
Yes. Even if you made a mistake and caused the crash, the car is still supposed to protect you. If a defect made your injuries worse, you can sue for those “extra” injuries. This is a core part of the crashworthiness doctrine.
What if my car was bought “used”?
You can still file a claim. The company that built the car is still responsible for the vehicle’s safety, regardless of how many people have owned it. The car’s age is more important than the number of owners.
How do I know if my car has a recall?
You can check your VIN number on the NHTSA website. This will tell you if there are any open safety recalls on your vehicle. It is a good idea to check this at least twice a year.
Does a recall prove the company is guilty?
It is a huge piece of evidence. It shows the company admitted the part was dangerous. We use that admission to help build your case and show that the company knew about the risk.
What should I do with my car after the crash?
You must keep the car. It is the most important piece of evidence. Tell your insurance company and the tow yard that the car cannot be sold or crushed. We can help you secure the vehicle for expert inspection.
The Roth Firm Stands By Your Side To Help You Recover
If you are feeling overwhelmed after an accident where your safety features failed you, please know that you do not have to carry this burden alone.
Contact The Roth Firm today for a free virtual consultation in Tennessee or Georgia.
You deserve a team that cares about your future and has the experience to take on big corporations.
About The Roth Firm
We are a leading personal injury law firm serving clients throughout Georgia and Tennessee. With offices in Atlanta, Nashville, and Marietta, we focus on helping victims of serious accidents and defective products. Our practice areas are designed to provide specialized support for catastrophic injuries. We believe in providing strong, honest, and compassionate legal help to every person who walks through our doors. Our team is dedicated to your recovery and helping you move forward with confidence.