Airbags didn't deploy in truck accident...

by Katie
(Minneapolis, MN)

I was driving with my girlfriend as a passenger in my truck when a bigger truck ran a red light through a intersection and t-boned us. I hit the windshield due to the impact, but the airbags did not deploy. I was rushed to the hospital in an ambulance. My medical bills were nearly $15,000, and my truck was totaled and towed.

I had 30 stitches to my face, and after 6 months I think there might be a couple of glass fragments still under my skin. I went home with 1 black eye and woke up with 2 black eyes. I spent my Easter looking like the walking dead.

My face still has scars and 3D scars. I get headaches, pains and sores. My head sometimes feels like it is burning, itching and irritated, but because of the glass it is impossible to scratch the area. I get whiplash-like pain if I move my head to wrap a towel over it, and the pain remains for nearly 20 min.

I have to drive by the accident scene everyday, and it haunts me. They already gave me money to buy a new car. How much do you think I should receive for an injury settlement? Should I even try to file a suit against the car manufacturer for the airbags not opening, or just focus on the at-fault driver's insurance company? Thanks.

Visitor Question:
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ANSWER for "Airbags didn't deploy in truck accident...":

Katie (Minneapolis, MN):

You appear to have a strong negligence claim against the driver who crashed into you and your girlfriend. Whether or not the airbag’s failure to deploy can be considered as a product liability (defective product) claim is certainly at issue.

In that regard, to pursue the car manufacturer for your injuries and related damages will require legal representation. A product liability personal injury claim is not one which can be handled without an attorney.

Gigantic corporations rarely, if ever admit to having created a defective part. In most cases, unless the defective part resulted in a wrongful death, most personal injury attorneys just aren't financially equipped to handle such a case. A large company can keep a case like yours in court for years, outspending even the most successful law firms.

Instead, look for a class action against the manufacturer. Class actions normally include hundreds, sometimes thousands of people similarly injured. You can "opt-in" to the class action to be represented at no initial cost to you. You would only be obligated to pay a contingency fee if and when the case is settled or won at trial.

Check out TopClassActions.com or other sites which list different types of class actions pending, and law firms which represent injured parties.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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Comments for Airbags didn't deploy in truck accident...

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Airbags...
by: Pam

Yeah, the same thing happened to me recently. I was driving a 2002 Pontiac grand am, and the airbags didn't deploy. I was seriously injured. I had a head, arm and hand injury.

I tried to file a complaint against GM and did they care? NO. I hope they rot.

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TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION