Question: Can I sue the manufacture for my airbags not inflating?
During the crash I sustained skull, neck and back injuries when I impacted the dashboard and windshield?
Question Detail: I sustained skull back and neck injuries when I crashed into a pole trying to avoid hitting a vehicle that chose to go around the city bus without looking to see if ongoing traffic was coming. My cars speed was at least 40mph on impact. The car hood was bent in, the radiator busted and God knows what else to say the worst with my seat belt on my head manage to crack. My head hit the windshield, my chest hit the stirring wheel pretty hard and for some reason the airbags didn't inflate to protect me. I have made a claim against Ford and checked for recalls on my vehicle and there was none. I'm now seeking legal advice since the wreck my neck and back has got worst and my headaches are constant.
Answer: Why the car manufacturer? Why not the guy coming around the bus illegally? He's your likely target. Those airbag claims are tough to prove. You are going to have a difficult time proving why the airbags didn't deploy. Without the car your claim will fail because you'll never be able to prove what caused the airbags not to work properly. Several things can interfer with proving causation in an airbag case. Here in Iowa I've been asked several times to handle airbag cases but have yet to be able to prove causation - mostly because of intervening problems. Let's discuss two problems that seem all too common.
Theft and Fraud are Two AirBag Problems
Has the car ever been in an accident? Had the car ever been worked on by a body shop or garage? How do you know that at the time of the collision there was an airbag in the car? Some garages steal them and some charge to put them back in after a wreck but don’t and pocket the money. Did you save the car or has it been scrapped? You need evidence, hard evidence to prove this claim. No car? No claim. It's really that simple.