Can I recover for air bag that never deployed?

Q: I was rear-ended and broke my nose on the steering wheel. The air bags never deployed. Is that normal? Do I have a possible law suit for time missed at work, medical bills, suffering, etc. Is it a possible defect by manufacturer? Is that normal when rear-ended? (Bridgeville, PA)

A: Generally, when you are hit from behind you have a good case unless your claim is devalued by your contribution such as sudden stopping or reckless maneuvering. You can obtain an award for some types of medical expenses and possibly non-economic damages such as pain, suffering, inconvenience, disfigurement, loss of life’s pleasures. Air bag cases are a bit more difficult. Do front airbags deploy in rear end collisions? Was there a recall that you were unaware of? If you pursue such a claim, you will need to have an expert, likely a forensic mechanic, examine the car to determine what caused the problem. If you go this way, you will need to preserve this car until it is examined by your expert. With serious accidents, some insurance companies and plaintiff’s attorney have the car impounded and seal it in plastic wrap to preserve the evidence. You need to see a personal injury attorney who also handles product liability.

If you feel like this issue relates to you, or a problem that you are experiencing, please contact me so that we can discuss your situation.