Introduction
An airbag’s main purpose is to be a cushion for passengers alongside seatbelts during an automobile collision. But it can potentially injure someone as well. Understanding the concerns surrounding airbags is imperative for both victims and legal representatives. This article focuses on how airbags cause injuries, the various possible injuries, and how a review of medical records aids lawyers in crafting compelling cases for the damages sought.
The Role of Airbags in Vehicle Safety
What Is An Airbag?
• Definition: Airbags are inflatable safety devices that are integrated into a vehicle’s interior and designed to deploy during a collision to safeguard passengers.
• Types: Different categories include frontal airbags, side airbags, and curtain airbags, all of which have different parts of the body they are designated to protect.
Statistics on Airbags Usage during A Crash
• Effectiveness: Over 50,000 lives were saved from the years 1987 to 2016 solely because of airbags by NHTSA.
• Deployment Speed: Airbags deploy at an average speed of about 100 miles per hour, which poses injurious risks for occupants who are seated unreasonably close to the airbag.
How Can Airbags Cause Injuries?
Mechanisms of Injury
- Force of Deployment: The rapid inflation of an airbag can cause blunt force injuries, particularly to the face, chest, and neck.
- Chemical Burns: The chemicals used in airbag deployment can cause burns or respiratory issues, especially for individuals with pre-existing conditions.
Common Types of Airbag-Related Injuries
Facial Injuries
• Impact: Facial structures such as the larynx, teeth, and nose are often at risk from violent impact that results in fractures or lacerations.
• Statistics: Research shows that there are a significant number of airbag associated injuries due to facial injuries.
Chest Injuries
• Blunt Force Trauma: Due to the power of the airbag, contusions, broken ribs, and organs within the body can be damaged.
• Soft Tissue Damage: Chest injuries can also include soft tissue damages to chest muscles and other connective tissues.
Burns and Abrasions
• Thermal Burns: The skin suffers burns because the high-temperature gases released during the deployment of the airbags.
• Chemical Burns: Exposure to chemicals such as sodium hydroxide can lead to serious, even permanent, skin injuries.
Neck and Back Injuries
• Whiplash: Severe pain and other long term ailments can stem from the sudden force causing whiplash.
• Spinal Injuries: Critical conditions may lead to herniated discs or other spinal issues which have high treatment costs.
Preventing Airbag Injuries
Precautionary Steps
• Seatbelt Use: Buckling of the seat belt is a must, as it places the body in the right position which minimizes injuries from an airbag opening.
• Correct Distance from Wheel: A safe distance must be kept from the steering wheel and dashboard which is from 10 – 12 inches.
• Children Protection: Children should always use the rear seat and buckle them up in child restraint seats.
How to Protect People in the Car
• Frequent Check-ups: There should be inspections to check if the airbags and other safety components are in good condition and need any repairs.
• Recall Information: Regular updates should be checked regarding other airbag recalls, like the Takata airbag recall for millions of vehicles.
The Legal Implications of Airbag Injuries
Understanding Liability
- Manufacturer Liability: If an airbag is defective, the manufacturer may be held liable for injuries caused by its failure to deploy correctly or for causing additional harm.
- Driver Responsibility: Drivers may also bear responsibility if they fail to ensure that passengers are properly restrained.
The Role of Medical Records Review
- Importance in Legal Cases: Medical records provide critical evidence of the injuries sustained and the treatment received, which is essential for establishing causation and damages.
- How Attorneys Use Medical Records: Attorneys can leverage medical records to demonstrate the severity of injuries and the impact on the victim’s life.
Case Studies
Case Study 1: Airbag Burn Injury
Overview of the case: An individual sustained burns to the face and arms from an airbag which deployed during an accident, which was an automobile collision.
Challenges: The insurance provider rejected the claim on the grounds that the burns were not as severe to deserve the compensatory claim.
Solutions: Detailed analysis of the patients’ medical records and treatment notes revealed the necessary burden of treatment to burn areas with skin grafts.
Case Study 2: Whiplash from Airbag Deployment
Overview of the case: A woman suffered considerable whiplash injuries from an automobile collision at moderate speeds because an airbag deployed on collision.
Challenges: The defense claimed that the patient suffered such injuries before the event and hence the case was not substantial.
Solutions: Focused medical records analysis provided a complete treatment timeline showing that the head injury was indeed due to whiplash from the rapidly deployed airbag.
Conclusion
Airbags, a common feature available in modern cars, can cause injuries in some situations. A legal practitioner representing victims of accidents should recognize the risks posed by airbags for their clients. As with any case, an orthopedic expert can create an injury assessment that demonstrates the magnitude of injury sustained and justifies the amount of compensation claimed. Being aware and understanding such information enables victims, as well as the lawyers working for them, to manage the intricacies involved in making an airbag claim or claim for any other feature in a vehicle.
