My airbags didn't deploy at my accident. How do I file a complaint or suit?

Question

My car was totalled and it was going at least 60 mph while avoiding something that fell off of a truck in front of me. The bags should have definitely deployed. I have some physical pain, including beck and back sprain. How do I file a lawsuit or complaint regarding my car's safety issue?

Based on the initial responses:
-The car was totalled, damaged massively on the front and back because I swerved uncontrollably from going like 70'sh miles/hour. A lot of airbags are made to deploy at more than 10 mph.

-The car was not used, brand spanking new when I bought it. 2003 Honda Civic (damn and I thought it was safe).

-I was wearing my seatbelt, which most likely saved my life thank God!

In addition to the next set of answers:

-I weight 130 lbs and driving with my seatbelt on, so there was no reason for the car to believe there's "no one" in seat. If it still did, then there's definitely something wrong because the car couldn't have driven itself!

-After swerving to avoid the object that was about to fly out, the front of my car hit a semi-truck close by at a high speed, then another truck hit me from behind. We were in an interstate highway, travelling at atleast 70 mph. After my car did a 180, it hit the median then eventually went to a stop. That's atleast 3 hits at high speed.

My point is, if not one of the airbags deployed at that type of high speed accident involving multiple cars for a "sound" reason, then what's the point of having them?

thanks for the responses. just to make it clear, i'm not saying, "damn, i wanted the airbags to deploy!" i'm glad my car didnt flip, i'm glad i'm alive, i'm glad none of those trucks behind fatally hit me, i'm glad my seatbelt did what it was suppose to do.

but it still sucks that when i bought it, it was brand new and i got it new for a reason. i'm not gonna spend money on something that will only work 90%. if u spent $2,000 on a computer and found out it doesn't always work right, would you not want ur money back?! except in this case, it's about people's safety. if i wasn't lucky, if my seatbelt failed, if my car flipped, it would have costed my life. u need more than one level of protection just in case the first one fails, especially if it's a matter of life or death.

i'm dont want to complain just to be a pain. i want them to improve their cars' safety. i wouldn't want someone else to be unlucky and actually pay the price.

Answer 1

You can start by filing a safety complaint with the NHTSA.
Here is the site:
http://www-odi.nhtsa.dot.gov/ivoq/

BUT READ ON FIRST !!!!!

I don't know if you have a case or not,
You need to understand how airbags work.
They will not deploy just because you swerved at high speed.
Impact has to occur at certain sensors for airbags to deploy.

If the airbag deploys, while you are still trying to avoid ( by swerving) an accident(impact) it could impair your ability to steer or control your vehicle.

Just because your vehicle was totalled & even if you sustained major or minor injuries, doesn't mean that airbags would have nessecarily needed to deploy.

I know a lady, she is actually one of my customers, that was in a major accident:
She was driving (on a vacation) on a major highway. A deer jumped over a guardrail, & in mid air hit the hood of her mini-van.
The deer then slid right through her windshield. The a-pillar actually beheaded the deer, & it's body wound up in the back seat area of the van. her husband was sleeping (seat all the way reclined) in the front passenger seat & the body of the deer kind of flew over his head, She was not so lucky. The deers front hooves & body hit her in the FACE, on its way to the back seat.

No air bags deployed. Sound amazing? It is a true story. She is alive & well. I saw her 3 weeks after the incident & she had pictures of the van inside & out, right afterwards.
She suffered MAJOR injuries (to face, eyes, mouth & teeth)

She also was able (amazingly) to steer the vehicle off the road, bring it to a stop & put it in park.
She was helicoptered to a trauma center. & they did an amazing job ! Probably saved her life!

Sorry for the graphic accident description!
But I needed to give you an example.

There are no airbag sensors on the hood or in the windshield That's where this initial impact occured.

So the moral of the story is :
Air bags do not deploy in EVERY accident.
Yours are probably not defective.
Sueing the manufacturer probably will get you nowhere.
Neck & back sprain & pain are signs that you are alive Thank GOD !
& DID YOU GET THE LISENCE # OF THAT TRUCK ??????
THAT is where you should be concentrating.



*******EDIT; AFTER READING YOUR VARIOUS EDITS;*****


It appears that yoour safety equipment did EXACTLY what it was supposed to do!
Air bags DO NOT & SHOULD NOT deploy in every accident!
Regardless of when & why you think air bags should deploy, yours did not deploy because there was no need for them to!

They are designed to deploy ONLY when needed to prevent severe or fatal head & chest injuries.

Have you ever seen one deploy?
They inflate at an extremely rapid rate & force. like about 160 mph.
That alone is enough to at least bruise you.
They inflate with a 'gas' that can also burn your skin..
The driver airbag cover can & often does scrape & cuts your skin & face.
In your particular case, the points of impact did not warrent the airbags to deply.

That does not mean that they're not working, or that they failed.
YOU apparently were not in any danger of going through the windshield or having the steering wheel crush your chest.
Points of impact as well as vehicle speed will determine if airbags should deploy.

If the airbags had deployed unnessarily, you would probably have sustained much more physical injuries because of them.

Now if you STILL feel that your airbags are defective & that they should have deployed (& burned, bruised, cut, & scraped your face) THEN BY ALL MEANS , complain to the National Highway Traffic Safety Administration.
Which is the link that I gave to you in my first post!!!!

Answer 2

1

Answer 3

You don't say if your car was purchased new or used. if it has ever been in an accident before that caused the airbags to deploy, they may not have been replaced. Many places do not require the replacement and recertification of airbags after an accident. It isn't right, and it isn't fair, but that is the way some states and provinces write the law.

Answer 4

Did you hit the steering wheel or windshield with your head in any of the collisions?
If not, then you didn't need the airbag and they are designed to deploy only when you need them.
Why would you want that thing to go off every time you hit something? Have you ever seen one deployed in person?
Its like a bomb going off!

Answer 5

wow!
i went to the site in ethols answer and did a search.
there are other complaints about airbags in 2003 honda civics.
but there are no recalls
and no investigations

so i think you should read her edit
i think she is right
you can complain to the nhtsa
but you prolly need to sue the guy that caused the accident in the 1st place cuz there doesn't seem to be any defects in your car

Answer 6

I dont know about Honda, My truck, the passenger side will not deploy if there isnt at least 110 pounds in the seat. There is a light in the dash that will read "Passenger air bag inactive" if my wife is sitting to one side of the seat.
Either way, I understand your grief, I would contact the dealer in which you bought it and if I were not satisfied, I would then contact a lawyer.
Good Luck !!!!

Answer 7

Stange but you may have to make sure first that the way you were hit in your car was your air bag suppose to deploy.

Sometime depending on the way your car was hit your air bag wasn;t suppose to come out.

Answer 8

If it is a Ford they will not deploy if the seat belts are not fastened. This was a built in item after I believe 1998 because Ford was getting sued so much for deployment injuries to people not wearing seat belts. Did you have your seat belt on?

Answer 9

My Airbags.com