Legal Issue?

Question

Car accident my air bag didn't deploy. Brand new car (corolla s 2007)157miles on it. Some guy cut me off i tried to change lane lost control and crashed into the side. i was told i hit a telephone poll and maybe a sign. I don't know if i hit it straight on or not. I was also told my car had flipped, don't recall whether he said couple time or once.There is a big dent to the driver side cut into the motor where the wheel is (poll probably). The whole front is demolished and the car is totaled. I don't think you would be able to tell if it was a head on or side hit from looking at the car..thats how bad the front is. I was going 80-90mph or maybe less i don't recall exactly. The police officer was even surprise the airbag didn't go off when we talked in the hospital. i suffered a concussion, a bone fracture in the face, and minor cuts bruises. Do i have a case here?(against dealership)
I am very lucky to be alive.

Answer 1

You have a products liability case and that's the kind of attorney you should seek. You probably have a good case against the manufacturer, but not the dealer at all. I think I disagree with "ihateinternetdating" (though I love your name!). If you live in a comparative fault state, the fact that you were speeding reduces your damages--maybe--not eliminates them. Also, we don't know what the speed limit was. It's 75 in my state on the interstates. It's worth talking to a lawyer about.

Answer 2

Well, not against the dealership, it would be against the car manufacturer. (The dealer didn't build it.)

If you're found at fault, and I'm not saying you are, just speaking in hypothetical here, you won't get a nickle. If you're filing a suit against the guy who hit you because you weren't at fault, or his insurance company is paying for everything already, you would have to prove that your injuries wouldn't have been nearly as bad had the airbag deployed.

I've seen many fatalities where all the airbags went to no avail. I believe, although I can't remember exactly, they are rated to "reduce" injury up to a certain mph speed, after that it's academic. You may not have a case if you were going that fast, as the airbags wouldn't have made a difference.

Just giving you as much information as I can, I work these all the time, the law isn't as cut and dry as many people believe it to be.

Find a really good personal injury lawyer you like and he might be able to get you a settlement out of the manufacturer despite the accident circumstances.

Answer 3

Yes. Not just against the dealership, the car manufacturer, the air bag manufacturer, and any company that made components or did installation of the air bag. You would be best served by a law firm that concentrates on cases of defective consumer products and personal injury. Good luck.

Answer 4

I would contact a lawyer and follow his advice.

The evidence should be preserved and the air bags inspected. If there was a frontal impact, and they were defective, you would have a good case against the manufacturer.

Answer 5

call an attorney.
vechicles have sensors that detect impact and that's what sets off the air bags.
hope your areas posted speed limit is 80-90mph!!!
then you have to prove that the injuries you sustained are bcse the bag didn't go off... not bcse you were speeding and lost control bse of someone cut you off.

Answer 6

Yes. Your injuries could have been prevented with an airbag. I'm glad you are alive. Be careful next time.

Answer 7

Try the site below and watch the presentation. This might be what you are looking for.

Answer 8

was the airbag switch on or off if you turned it off tough bounce suffer with your mistake

Answer 9

Why sue the dealership? Toyota has more money.

Answer 10

yes