Legal Question in Personal Injury in California

I was in a front end collision in my '02 Toyota Camery. My air bags did not inflate and my car cought fire and burned up very fast. I have since seen my doctor about an injury to my shoulder from the crash and he determined that i have torn the muscles around my neck and shoulder. Everyone i tell my story to tells me to talk to a lawyer. Do I have a case?


Asked on 2/03/11, 12:04 pm

1 Answer from Attorneys

Jonathan Reed Reed & Mansfield

Your question raises a number of issues:

1) Did you receive compensation for personal injury from any auto insurance policy? If so, there are issue of whether you were fully compensated or whether you reserved your rights to go after anyone responsible for the airbag issue.

2) Are you within the California statute of limitations?

3) Airbags are not designed to go off in all collisions. Whether it improperly failed to go off is a complex fact issue that will require examination of the incident vehicle by experts.

4) You will need medical testimony that if the bag should have gone off, its failure to do so was a substantial cause of your injury.

5) Is there an airbag in your car where it is supposed to be? Sometimes, a car is repaired by a shop that cuts corners by not replacing a previously deployed airbag.

By all means take advantage of a free consultation with a local personal injury attorney. But for general educational purposes, airbag cases are not easy cases.

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Answered on 2/03/11, 10:53 pm


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