The car accident happened fast.
You braced for impact. Then—nothing. Your airbag never deployed.
Now you’re hurt. Your face hit the steering wheel. Your chest slammed into the dashboard. You might have broken bones, head trauma, or internal injuries.
Airbags are supposed to protect you. When they don’t work, the results can be catastrophic.
So can you sue? Yes. But who you sue depends on why your airbag failed.
Airbags deploy when sensors detect a sudden deceleration caused by a collision. This typically happens in moderate-to-severe frontal crashes at speeds above 10-12 mph.
They’re designed to:
But airbags don’t deploy in every car accident. Minor fender benders or rear-end collisions may not trigger them. That’s normal.
What’s not normal? When airbags fail to deploy in serious car accidents where they should have.
Airbag failure can happen for several reasons:
If your airbag didn’t deploy, the reason matters—because it determines who’s liable.
Multiple parties could be responsible when an airbag fails:
The vehicle manufacturer: If the airbag system was defectively designed or manufactured.
The airbag manufacturer: If the airbag itself was defective (many automakers use third-party airbag suppliers like Takata).
Auto repair shops: If improper repairs disabled the airbag system.
Previous vehicle owners: If they tampered with or disabled the airbag system before selling the car.
The at-fault driver: You can still sue them for causing the car accident—even if your airbag failure made your injuries worse.
In California, product liability law allows you to hold manufacturers accountable when defective products cause harm.
Product liability claims are based on the idea that manufacturers have a duty to make safe products. When they fail—and you get hurt—they’re liable.
California recognizes three types of product defects:
Airbag failure cases usually involve design or manufacturing defects.
The good news? You don’t have to prove the manufacturer was negligent. You only need to prove the airbag was defective and caused your injuries.
If you can prove your airbag failure caused or worsened your injuries, you may recover compensation for:
Product liability cases often result in higher settlements and verdicts because manufacturers have deep pockets and fear bad publicity.
Yes.
You can pursue claims against both:
This is important because the at-fault driver’s insurance might not cover all your damages—especially if your injuries are severe. A product liability claim gives you another avenue for recovery.
California law allows you to seek compensation from all parties whose actions (or products) contributed to your harm.
Product liability cases require evidence. Lots of it.
To prove your airbag was defective, you’ll need:
Manufacturers have teams of lawyers and investigators working to deny liability. You need someone on your side who can match their resources.
In California, you have two years from the date of your car accident to file a personal injury lawsuit. This applies to both negligence claims (against the at-fault driver) and product liability claims (against the manufacturer).
But don’t wait.
Evidence disappears. Witnesses forget. Manufacturers destroy records. The sooner you act, the stronger your case.
Sometimes airbags deploy—but they deploy with too much force, at the wrong time, or in a way that causes additional injuries.
Examples include:
If this happened to you, you may still have a product liability claim. Airbags are supposed to protect—not harm.
The infamous Takata airbag recall is a prime example. Millions of vehicles were recalled because defective airbags exploded, killing and injuring dozens of people.
Taking on car manufacturers is not easy.
These companies have legal teams, engineers, and investigators working to protect their bottom line. They’ll argue your injuries weren’t that bad. They’ll claim the airbag worked as designed. They’ll try to shift blame onto you or the other driver.
You need a lawyer who knows how to fight back.
At DP Injury Attorneys, we’ve handled complex product liability cases. We work with automotive engineers and car accident reconstruction professionals to prove defects. We know how to gather evidence, negotiate with manufacturers, and take cases to trial when necessary.
We don’t settle for less than you deserve. And we don’t charge you a dime unless we win.
No fees unless we win.
If your airbag failed to deploy—or deployed and injured you—contact DP Injury Car Accident Attorneys for a free consultation.
We’ll review your case, explain your legal options, and fight to hold the responsible parties accountable.
Your safety mattered. Your injuries matter. Let us fight for the compensation you deserve.
Contact DP Injury Attorneys today.
Arthur Paul D’Egidio is the Managing Partner of DP Injury Attorneys, a San Diego personal injury law firm. With more than 12 years of experience in California injury law, he has dedicated his practice to representing clients in a wide range of personal injury matters, including car accidents, workers’ compensation, slip and falls, catastrophic injury, and wrongful death cases.
Arthur received his Juris Doctor from the Thomas Jefferson School of Law and is a member of the State Bar of California as well as the San Diego County Bar Association. He has received numerous accolades for his work, including being named a Super Lawyer for seven straight years by Thomson Reuters and a “Top 40 Under 40” by the National Trial Lawyers.
