Legal Question in Product Liability in Nebraska
Air bags when should or shouldn't they deploy out
I own a 1998 Suzki Esteem. I hit a deer at 60 miles per hour. the impact damaged the entire font end of my car. there is so much damage to the Insurance compay wants to total out my car. My question is should have my air bags deployed out at that speed and hiting the front end. If so please let me know because they did not deploy out. do I have defective air bags and if so do I have gounds to sue the suzki dealer? Please let me know. Thank You
2 Answers from Attorneys
Re: Air bags when should or shouldn't they deploy out
Airbags are triggered by a system that senses rapid deceleration by the automobile. In other words, the sudden stop or slowing of the car when it strikes something like another car or a pole. Hitting a deer may not have slowed the car fast enough for the airbags to deploy. To be certain, though, you would need the advice of an automotive engingeer, a accident reconstruction specialist or a physicist etc.
Before you spend the money on hiring the expert, you need to determine one more thing. Were you injured in the crash, and would an airbag have helped? If the deer came over the hood into the passenger compartment, the bag may not have been any protection. If the deer would have colided with the bag, it would have meant that you would have been hit harder with the bag than without. If your injuries were minor, then its problably not worth the expense to pursue this. If you were injured it may be. Talk to an attorney who handles personal injury cases to decide whether its worthwhile. If the car is the only damage, the airbags don't make any difference, they wouldn't protect the car, just you.
Bill Jones
Re: Air bags when should or shouldn't they deploy out
Based upon the facts which you describe, it seems as though your air bag should have deployed. However, air bag deployment in the legal setting of the court sytem requires expert testimony as to the causes concerning malfunctions in the air bag system.
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