Anyone would be shocked if their airbags didn’t deploy in a collision. After all, the NHTSA says airbags prevented the deaths of more than 50,000 people over 30 years.
That means that sometimes the only thing separating a survivable injury from a fatality is an airbag. So, what legal options do people in Kissimmee, FL, have if airbags didn’t deploy in an accident?
Suing the Airbag Manufacturer Isn’t the First Step
The first thought for most people is to sue the airbag manufacturer. That’s certainly possible, but it shouldn’t be the first step.
Suing a manufacturer requires massive investigation, research, and time. But for a car accident victim, it’s critical to receive compensation as quickly as possible to care for basic needs.
So, a lawsuit against the manufacturer is not the quickest way to receive compensation. There are other steps to take.
File a Claim With Your Own Insurance Company
First, car accident victims should file a claim with their insurance company. Why? Shouldn’t they file a claim against the other driver?
Florida is a no-fault state. That means that drivers are responsible for maintaining enough insurance coverage to pay for typical accident damage they suffer. If damage to the automobile is minimal and injuries are minor, a person’s insurance may cover all damages.
File a Claim With the At-Fault Driver’s Insurer
But this is not the case with severe accidents. A person’s insurance would probably only partially cover expenses. How does a victim receive money to pay for the remaining damages?
The accident victim would then file a claim against the at-fault driver. But to be clear, in Florida, victims can only take this second step once their insurance has paid its maximum amount according to the policy.
Be aware that the at-fault driver’s insurer is likely to be reluctant to pay a fair amount. That’s why it’s necessary to have a competent accident attorney help with insurance claims.
Lawsuits Against the Manufacturer When Airbags Didn’t Deploy in an Accident
It’s only after the first two steps that a person might consider a lawsuit against the airbag manufacturer. But suing the maker of the airbag is not as simple as filing insurance claims.
Victims would have to prove that injuries from the accident were worse because the airbag did not deploy.
A skilled product defects lawyer would also have to show negligence on the part of the manufacturer. Is the design faulty, giving the airbag a defect?
Or was it built with inferior materials or in a shoddy manner? Or do the manufacturer’s claims about how well the airbags work not live up to reality?
The manufacturer will counterattack with the full weight of its legal department. So an accident victim must be prepared to fight the legal battle for an extended time.
There May Be Other Responsible Parties
But the airbag manufacturer may not always be at fault. There may be more evidence that the automobile maker installed the airbags incorrectly. Or a dealership or independent mechanic adjusted or altered the airbag in such a way that it no longer functioned properly.
Suing an automaker is even more daunting than taking on the airbag manufacturer. But a car dealership or independent mechanic is likely to offer quicker compensation.
Selecting a Kissimmee Accident Lawyer
Car accident victims in Kissimmee, FL, turn to the Newsome Melton Law Firm to handle their car accident lawsuits. They know that Newsome Law will pursue all options to get the compensation they need and deserve. And that includes any damages from cases where airbags didn’t deploy in an accident.
So don’t delay. Contact us today, and we’ll begin getting you your fair compensation.