Can I sue maker of vehicle?

avi

No.

Hey there

You would have to prove that the airbags were defective, that there weren't any recalls on it, and you impacted in a way in which they were designed to deploy. For that, your going to have to do a great deal of homework, including accident reports, photos, medical reports, schematics of the vehicle, the company test results on that model, etc. You would also have to prove that the airbags would have prevented particular injuries. From what you have stated, they couldn't have prevented ALL of them, so you can only sue what what they would have caused, or prevented - that is the hardest part to prove. You would also have to know the vehicle history (if you are not the first owner, that can be hard), if any non factory installed parts have been put in, as well as everyone who has done any work on your vehicle. With an older car, there are too many variables to have a successful lawsuit in regards to airbag deployement.

sparkiemark13

Unless there was a known problem with that model of vehicle, I don't think you have a case. The reason is that the automaker had no knowledge of the defect, and could not have prevented the failure.

Since the vehicle was not new, I assume the automaker can say that the problem was caused after the vehicle was put in your hands, that means you wouldn't have a case. Remember, you must prove everything in court with absolute certainty. Unless evidence of the defect survived the crash, and unless you can prove the defect was with the van when it rolled off the assembly line, you can't prove the auto company is responsible for your injuries.

Talk to a lawyer, they do free initial consultations sometimes. A good attorney will tell you if you can sue or not. Get more than one opinion, otherwise you may find yourself in court fighting a loosing battle because the lawyer didn't bother to tell you you could never win.

Tristan S

You're welcome to but know that not all collisions are supposed to cause the airbags to deploy, even some front impact ones. Moreover, if the van is older, or was rebuilt from a previous accident, or anything like that they can (and have previously) successfully argued that it's not their doing because it wasn't maintained or rebuilt properly.

Happy

Depends on the year of your vehicle

mousadawgs

That depends on several factors: What state you are in (some states use an If / But test on Tort cases while others use a Scale of Fault), how old the vehicle is and did the airbags actually malfunction or is that your opinion because you got hurt (airbags only deploy under very specific conditions, not for every serious wreck; also if the vehicle is old enough did you apply proper maintenance to keep the car in full working order), was there a recall out (if there was, you may not be able to sue because you were negligent in not getting the repair done after the recall notice was made public.) Finally, the biggest part is whether or not the lack of the airbag deployment led to any greater injury. If you would have been injured just as bad, you have no case, if you would have broken your left femur instead of your right tibia, you have no case. If you would have broken 1 arm instead of two, you might have a case, but it wont be worth the legal costs. Talk to an attorney and find out.

christianpmc2002

Can I sue maker of bad grammar?

Dave87gn

probably not

Ta-Zu (&Miku)

i'm sure you could, but you do realize it depends on WHERE the car was hit, right? Not all hits are going to make your air bags deploy.

mike1942f

Partly depends on the direction of the accident - did you hit or were you hit in a direction that the air bags were not intended to handle? Is the vehicle so old you should have replaced the airbags?

mary s

well it depends on how you were in an accident. I would think the airbags only deploy with a frontal crash. it so then you would have a case. I'm not sure though.. I am not a lawyer. Maybe you should just call around and find one to do a free consultation.

rrm38

You can sue anyone you want any time you want. You'll need to be able to prove that the injuries you sustained either wouldn't have happened or were significantly worse as a result of the airbags not deploying. You'll also have to be able to show that nothing on the vehicle has been tampered with or repaired that could have impacted the airbag function. If you have a really strong case, they may offer a settlement to be done with it. If you don't, you'll be out a lot of time and possibly attorney fees and they can keep it going for years.