Car Accident?

A car cut me off and i lost control crashing my car.I suffered a concussion and face bone fracture. I have filed a claim with my ins. company. I was told i hit a telephone pole and flipped my car. i don’t remember much from the incident. My airbags did not
deploy even though the front is demolished and the engine is ruined, the car is totaled. Should i consult a personal lawyer or let the insurance company know about this to see if they want to pursued the lawsuit? Airbag cases are hard to win and can be expensive/time waste. Most lawyers won’t go against a auto manufacturer unless the injury is severed and worth millions. I have little hope in this matter. My car is a 2007 new corolla S. I don’t think i have a strong case even if the airbags are found defective(probably are). My injuries aren’t significant head concussion (lost in memory so the doc had me stay over night) don’t think i had one, fracture bone in the face (no surgery required) cuts and bruises. hopeless lawsuit?

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9 Responses to “Car Accident?”

  1. italy_coolfun Says:

    There is no lawsuits for airbags not deploying. You would lose. Airbags are just a precaution that may or may not help in an accident, just as seatbelts are. No manufacturer can be held liable as they can never predict an exact accident, and airbags cannot be designed for every impact that can happen. Airbags are there as an added safety benefit, not a cure all.

  2. christian b Says:

    No take the hit and walk on

  3. done wrenching Says:

    Maybe you were sideways when you hit the pole, that would not deploy the bags.

  4. r b Says:

    you probably don’t have the money to sue toyota yourself. if this was a common defect you might be able to join a class action suit. But even with a class action the only ones that get rich are the lawyers.

  5. Eric S Says:

    Unfortunately, you will have to provide sufficient evidence to support a theory that airbag deployment could have minimized your injuries. This is hard to do. Second, if you didn’t strike the front bumper, there was not enough inertia to release the airbags. Hope you feel better.

  6. Coastcowboy Says:

    I just answered this on another site — SRS= Supplemental Restraint System, or airbags. Even if the thing deployed there’s no way you can say you would’ve walked away without injuries. Nowhere will you find that Totota (or any other car maker) states that the airbag will deploy in any collision and you will never get hurt. Just give it a rest and be thankful you didn’t get killed.
    Sheeze…

  7. bungee Says:

    you need a lawyer. and yes the air bags should have deployed

  8. hequiroga Says:

    You do have a cause of action. The theory of recovery will be products liability. A car is a product and if the air bags did not deployed causing injury, then the manufacture can be held liable for the accident. There is ways to show that your injuries would be diminished if the air bags would have deployed, contrary to what some other’s have argued. It could be difficult but it happens all the time.

    In a an action for Products Liability, you will have to show that the product did not do what it was supposed to (deployment of the air bag) in a collision that would should have deploy it.

    You do have some injuries and you could seek compensation for your pain and suffering, mental distress, etc. An attorney will be able to tell you if the potential for recovery would make it worth your while. Your defendant will be a deep pocket manufacture, they might just settle out of court.

    I would consult an attorney in your area.

    Good luck.

  9. UCANTCME Says:

    Despite all these advances, experts say there are still a few, rare cases, when airbags fail to deploy when they should.

    Car and safety experts say consumers involved in those types of accidents — ones that meet all the deployment criteria and the airbags still don’t inflate — should contact NHTSA.

    NHTSA has recalled some vehicles specifically because of problems that could prevent the airbags from deploying in an accident.

    Consumers can file complaints about possible safety defects with their vehicles on NHTSA’s Web site: http://www.nhtsa.dot.gov. They can also call the agency’s Auto Safety Hotline at 1-888-327-4236 to report any problems. NHTSA says consumers need to have their vehicle’s VIN (vehicle information number) handy when they contact the agency.

    Consumers should also report their experience to ConsumerAffairs.Com, which investigates consumer grievances and shares its complaint database with class-actiion attorneys, law enforcement agencies and media outlets.

    Consumers can also check for any recalls or safety defects with their vehicles — or find out its crash and rollover ratings — on NHTSA’s Web site.