wondering if i could sue and for how much due to air bags that didn't deploy?

Question

my dad, whom was operating the vehicle, was driving along a two way block and then we noticed a car started to accelerate rather quickly burning out their tires and then veered onto oncoming traffic the last second. My dad slammed the brakes, basically came to a complete stop, but the other car collided head on with our 2005 nissan altima at appoximately 45 miles per hour. the air bags did not deploy and there wasn't any serious injuries. my dad might have injured his hand with the impact to the steering wheel but its probably just bruised up. as for servicing the vehicle, it was always serviced at a nissan dealership so that basically rules out any tampering with the airbag or its sensor. Although possibly, i would assume its highly unlikely. As for damage to the car, it isn't totaled but the front is smashed up pretty bad and i would assume that with an impact of around 45 miles per hour, the airbags should have deployed since the collision was head on

Answer 1

well, i am fairly certain (in my car atleast) that my airbag only go off if i am moving at 20 miles an hour. so since you had said that you were stopped, unfortunately, your air bags probably will not deploy. *** for suing, there is still hope. you can go after the driver of the other vehicle's car insurance company. as for how much? well...for that you would have to speak to a lawyer who specializes in that area. i know when i had a car accident, i was able to claim medical bills ($25,000), lawyer fees (33,000), and the rest was mine, out of a $100,000 settlement. please note that in most cases, the lawyer involved only gets paid if you get paid, and will be entitled to roughly 1/3 of the total settlement, and since the settlement is labelled as "damages" i am fairly certain that you do not have to cliam it on your taxes, or atleast i did not have too. hope this helps you out some. email me with any questions

Answer 2

A person can sue for just about anything these days. The real question is whether you have a valid claim. The only injury that you stated is a bruised / injured hand from the steering wheel. Had the air bag deployed, would there have still been the injury to the hand?

Air bags are designed to help protect a person's head and chest from serious injuries and not to deploy at lesser impact forces where they are not needed.

You possibly have a good case against the driver of the other car (if he / she was issued a traffic ticket), but in my opinion a lawsuit against the car maker would be a no win situation.

Answer 3

The fact is, with no one seriously injured, the airbag system probably operated normally.

In order to set off an airbag, the SDM (sensing and diagnostic module) has to recieve a signal from two separate sensors. The module determines the force and direction of the impact, and deploys airbags only if required. It will also record the event, storing the information for later review. Your dealer (or an independant with a good scan tool) can retrieve the info, which will tell you direction and force of impact, which can be used to determine the actual speed of the other car. This information is very accurate, and can be used in court.

Answer 4

The air bag system is very complicated, and depending on the hit that the vehicle took in the crash, the conditions may have not been correct for air bag deployment. Usually 2 sensors have to experince a severe impact and seat belts connected for air bags to deploy. Air bags are only designed to deploy if the crash demonstrates the possibility of severe injury, which doesn't sound like this crash was.
The next course of action would be to contact your insurance agent or a lawyer to start proceedings about a lawsuit, but proving that the system failed to deploy could be a very expensive path to follow.
If the car still has battery power, turn the ignition on and see if the air bag light comes on, then proves out. This will tell you if the system is still active and ready, or not.

Answer 5

My first question would be, did you buy the vehicle used ? Or are you the original owners. If you bought it used, your recourse might be with who sold it to you. If it was a dealership, then you need to take it back and see if the car does indeed HAVE airbags in it. If you bought it used, the airbags may very well have been deployed before, in another accident and were never replaced. If you bought the car new, and you are the original owners, the warranty may have expired on the vehicle wear airbags are concerned. Was the airbag light on when the wreck occurred ?

Answer 6

People have sued Chrysler for airbags deploying in low pace collisions, or wherein a little one used to be injured from the drive of the airbag which used to be designed to quit an grownup. Since then, the car enterprise has constructed clever airbags, which installation headquartered at the have an effect on and the burden at the seat: those are subtle tactics, and you should not reach suing Chrysler, however there were circumstances wherein vehicle makers have met each federal defense requirement, and feature had a jury uncover them dependable for accidents regardless, so who is aware of. If your mother T-boned one other vehicle, then it wasn't a head-on collision. Airbags are most effective designed to installation underneath head-on collisions. If the Chrysler got an have an effect on around the entrance bumper, then the drive could have spun the vehicle, and no longer created an have an effect on robust adequate to installation the airbags. Be grateful your mother is alive and do not attempt to blame the carmaker for the movements of alternative fool drivers. If you desire a more secure vehicle, appear at a Mercedes-Benz S-elegance, and notice how a lot more that type of defense goes to rate. Yes, defense- considering the fact that the S-elegance is made with a fine deal of top-force metal. Are you or your mother inclined to pay for that type of peace-of-brain whilst no vehicle maker on the planet can assurance a positive results?

Answer 7

you would have to check with nissan to see at what speed the air bags deploy and if it has to be a head on collision. if you can find all this out you will know wether you can sue or not, most cars air bags deploy at 25-35 miles an hour so my guess is YES you have a case, talk to some lawyers you'll probably pick one up thats willing to do it for a percent of the winnings of the case but as to how much you would have to ask them that.

Answer 8

Late model cars, if the seat belts are used, it will take a very hard hit for the bag to deploy. I've seen a car get hit, passenger air bag went out, not the driver's, note there was no passenger and the seat belt was not connected on the passenger's side
If the car was bought used, it might not have air bags at all

Answer 9

You can try to sue but don't expect to get much if anything from the nissan people especially if your dad isn't actually injured I suggest sueing the person who hit your dad its much more likely that you'll get something out of the case. I know my airbags don't go off at all unless I'm moving and come to a instant stop from my hitting something but if something hit me and I'm already stopped they don't do anything I drive a nissan Maxima

Answer 10

With no injuries as a result of the accident, and I would assume the damages to the vehicle would be covered by the at fault driver's insureance, why sue? What are you looking to collect?
Our legal system is clogged enough. Spend your time shopping for an American car.