Nashville Airbag Injury Lawyer
A Nashville airbag injury lawyer from our team can help you secure fair compensation for the injuries you suffered due to blunt force trauma or an improperly deployed airbag.
When Can You File an Airbag Injury Claim in Nashville?
You may have a personal injury case if your airbag-related injuries were caused by negligence, either on the part of another driver or a product or vehicle manufacturer.
Airbag injury accident claims usually fall into three categories:
- Crash negligence claims: Another driver caused the collision that triggered the airbag. In this type of case, the claim is usually against the negligent driver and their insurance company.
- Product liability claims: The airbag or vehicle safety system failed because of a design defect, faulty airbags due to a manufacturing defect, defective inflator, sensor failure, electrical issue, or inadequate warning.
- Repair or recall-related claims: A dealership, repair shop, rental company, or fleet owner failed to repair a recalled airbag, installed the system incorrectly, used faulty replacement parts, or ignored known safety problems.
While some injuries are due to airbag malfunctions, others may occur in severe crashes even with functioning airbags. Both drivers and passengers can file car accident claims.
What Are Common Airbag Injuries After a Crash?
Airbags deploy extremely fast, meaning that a properly functioning airbag can still injure someone. This is especially true if the person is not in the proper seated position, not wearing a seatbelt, or has underlying medical conditions. The most common airbag injuries include:
Broken Bones
There are several types of broken bones caused by car accidents, including:
- Shoulder and arm injuries
- Pelvic fractures
- Wrist and hand injuries
- Chest bruising or rib injuries
Facial and Eye Injuries
- Facial fractures
- Broken nose
- Dental injuries
- Eye injuries or vision damage
- Jaw injuries
Soft Tissue Injuries
- Burns from heat or chemicals
- Cuts and abrasions
- Bruises
- Sprains and strains
Brain Injuries
Our Nashville brain injury attorneys often handle cases involving:
- Concussions
- Traumatic brain injury
- Skull fractures
Spinal Cord Injuries
Our Nashville spinal injury lawyers handle cases involving:
- Neck injuries
- Whiplash
- Paralysis
- Herniated discs
- Spinal cord damage
Other Common Injuries
- Internal injuries
- Internal bleeding
- Hearing damage from deployment noise
- Psychological trauma after a violent deployment
- Chemical burns
What Causes Airbag Injuries?
Airbag injuries are caused by several factors, including the airbag force, crash dynamics, occupant positioning, and product defects.
- Speed and Force: High-speed crashes mean too much force in the system, while airbag deployment force may be miscalibrated.
- Crash Positioning: Sitting too close to the steering wheel or dashboard and not wearing a seat belt can cause injuries. Children should not sit in the front seat because they may be injured. Shorter stature or vulnerable positioning, such as crossed legs, can also increase the risk of injury.
- Defective Airbags: These can include defective sensors, faulty inflators, electrical issues, manufacturing defects, failure to repair recalled airbags, or faulty repairs. Prior crash damage can also matter.
How Do Defective Airbags Cause Injuries?
Common ways that defective airbags cause injuries include:
- Failure to Deploy: The airbag doesn’t inflate during a high-speed accident.
- Late or Faulty Deployment: The airbag deploys once the occupant has already shifted.
- Unexpected Deployment: Airbags may deploy during low-speed crashes or during normal operations.
- Excessive Force: When the airbag violently deploys, it can cause injuries.
- Sensor Failures: Crash sensors do not calibrate for the speed and force of the accident.
- Inflator Defects: The inflator ruptures, sending metal fragments or chemicals into the cabin.
- Recalls: Manufacturers failed to recall vehicles affected by defective airbags, as happened in the Takata airbag recall.
Who Can Be Liable for an Airbag Injury Accident in Tennessee?
There may be more than one liable party. Responsible parties can include:
- Negligent drivers
- Car manufacturers
- Airbag manufacturers
- Dealerships or sellers
- Repair shops
- Rental companies
- Fleet owners
Liability depends on whether the injury was caused by crash negligence, product defects, improper repairs, failure to warn, or another cause.
What Evidence Is Needed to Support Airbag Injury Cases?
Evidence we will use includes:
- Accident reports
- Photos of the crash scene, vehicle damage, and deployed airbags
- Photos of injuries like burns, bruising, cuts, or facial injuries
- Medical and emergency room records
- Imaging results
- Eye doctor or dental records, if necessary
- Airbag control module data
- Event data record data
- Seat belt evidence
- Vehicle repair, maintenance, and inspection reports
- Recall records
- Manufacturer records and notices
- Witness statements
To pursue maximum compensation, you must have clear proof that the airbag caused injuries. Our Nashville airbag injury lawyers can ensure all evidence, including the vehicle and airbags, is preserved before repairs, salvage, or destruction. We can also secure expert analysis from crash reconstruction or product defect specialists to support your claim.
What Should Car Accident Victims Do After an Airbag Injury in Tennessee?
Follow these steps right away:
- Photograph injuries, airbag system, vehicle interiors, and the crash scene.
- Preserve the vehicle and the airbags.
- Save recall notices, repair invoices, and vehicle records.
- Request the crash report
- Do not give recorded statements before seeking legal advice.
- Contact a lawyer as soon as possible.
Always monitor your symptoms, such as serious injuries like eye pain, headaches, neck pain, burns, or chest pain, as symptoms can worsen after the crash.
What Damages Can Be Recovered for Airbag Injuries?
The damages awarded in Tennessee car accident claims can include economic and non-economic damages for medical bills and emotional distress, such as:
- Emergency treatment
- Surgery
- Burn care
- Eye treatment
- Dental repair
- Scar revision
- Physical therapy
- Prescriptions
- Future medical expenses
- Lost wages
- Reduced earning capacity
- Property damage and repair
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Scarring and disfigurement
- Wrongful death damages in fatal car accident cases
The value of an airbag injury case depends on several important factors, including the seriousness of the injuries, the duration of medical care required, and the ability to return to work.
Can You Recover Compensation if You Were Partly at Fault?
Tennessee follows comparative fault laws (McIntyre v. Balentine), allowing victims to recover damages even if they are partially at fault for the accident, although their compensation will be reduced by their percentage of fault.
For example, if your damages are $150,000 and you are found to be 40% at fault, you would receive $90,000.
Common arguments against injured victims include sitting too close to the airbag, not wearing a seatbelt, not repairing recalls, or having pre-existing conditions. They may also claim the crash caused the injury, not the airbag, or that another driver or defect caused the injuries.
How Long Do You Have to File an Airbag Injury Lawsuit in Tennessee?
The statute of limitations for Tennessee car accident claims is typically one year from the date of injury (Tennessee Code § 28-3-104). These cases often require investigations, expert review, and the preservation of evidence, such as the vehicle. Acting quickly ensures you have time to pursue a claim.
How Grissim & Waterman Can Help With an Airbag Injury Case
At Grissim & Waterman, we can help you seek compensation by:
- Preserving the vehicle before the car is repaired, salvaged, sold, or destroyed.
- Documenting the airbag failure evidence, including the deployed airbag, steering wheel, dashboard, passenger-side airbag area, seat belts, sensors, and airbag control module.
- Reviewing crash evidence, including police reports, crash-scene photos, medical records, vehicle damage, witness statements, surveillance footage, dashcam footage, and event data recorder information.
- Identifying all liable parties by investigation prior repairs and checking recall history.
- Working with experts when needed, including accident reconstruction specialists, product defect experts, biomechanical experts, and medical experts.
- Proving medical causation by connecting the airbag deployment to your severe injuries.
- Responding to defense arguments that you were sitting too close, not wearing a seat belt, ignored a recall, had a pre-existing condition, or were injured by the crash rather than the airbag.
- Calculating damages, including medical bills, future treatment, lost wages, reduced earning capacity, pain and suffering, scarring, disfigurement, and long-term impairment.
- Filing a personal injury lawsuit before Tennessee’s deadline if the insurer, manufacturer, or other responsible party refuses to resolve the claim fairly.
We have a strong track record of helping victims successfully recover compensation for injuries caused by airbags. We provide free consultations and work on a contingency fee basis, meaning no attorneys’ fees unless we win. Call us today at 615-255-9999 to secure legal help in Nashville, TN.
