Airbags are designed to save lives. Airbags deploy in milliseconds to cushion occupants during a collision. The very force and speed of an airbag deployment, while protective in one sense, can also be a significant source of injury, particularly concussions. Our office frequently encounters cases where airbag deployment, despite its intended safety function, directly leads to traumatic brain injuries (TBIs), including concussions.
It’s a common misconception that if an airbag deployed, it did its job perfectly. The reality is more nuanced. The rapid expansion of an airbag can cause a violent whipping motion of the head and neck, or a direct impact to the head, leading to a concussion. These aren’t always immediately apparent injuries. Victims often experience a delayed onset of symptoms like headaches, dizziness, confusion, memory issues, or sensitivity to light and sound days or even weeks after the accident.
Litigating a concussion case stemming from airbag deployment in California requires a deep understanding of both accident reconstruction and neurological medicine. We must first establish the other driver’s negligence in causing the initial collision, as their actions set the chain of events in motion. However, a critical second layer of litigation may involve product liability if the airbag itself was defective in its design or manufacturing, causing an injury it should have prevented or mitigated. This often necessitates expert testimony from biomechanical engineers or accident reconstructionist to demonstrate how the airbag’s deployment mechanism directly contributed to the concussion.
Proving the concussion itself is paramount. Unlike a broken bone, a concussion is an “invisible injury,” often not visible on standard imaging like X-rays or even typical MRIs. We rely heavily on thorough medical documentation, including neurological evaluations, neuropsychological testing, and the detailed observations of treating physicians. It’s crucial for clients to report all symptoms, no matter how subtle, to their doctors from the outset. Delayed reporting can lead insurance companies to unfairly dispute the injury’s connection to the accident.
In California, where insurance companies often try to downplay concussion severity, a skilled litigation attorney will vigorously advocate for your right to full compensation. This includes not only current and future medical expenses, but also lost wages, diminished earning capacity, pain and suffering, and the profound impact a concussion can have on your quality of life. If you or a loved one has suffered a concussion following an airbag deployment, don’t hesitate to seek legal counsel.
We represent people injured as a result of the careless and reckless acts of others. At the end of the day your case can only be settled one time and you need to know all of the facts beforehand. Insurance companies have paid our clients hundreds of millions of dollars in compensation because we uncover the facts. When insurance companies fail to offer full compensation, we are not intimidated at the prospect of going to trial. We help with serious injuries that require serious representation. We are the Law Offices of Guenard & Bozarth, LLP. Our attorneys have more than 60 years of experience specializing in only representing injured people. Call GB Legal 24/7/365 at 916-714-7672 or visit www.gblegal.com