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What to do when injured by an airbag

Known airbag defects

 

Free initial consultation with airbag injury attorneys experienced in representing consumers who have suffered airbag injuries due to defective airbag design and inadequate airbag warnings.

Contact Us: office 480.368.0002 or 1-800-421-1293, cell 480.363.6897 email lshumway@extremezone.com

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Lynn Shumway and Stephen E. Van Gaasbeck are experienced in successfully representing victims of poorly designed airbag systems in several states. Working for individual clients or with local attorneys, they utilize extensive knowledge of airbag technology and of the unique tactical demands of air bag litigation to obtain compensation for the unnecessary injuries caused by defective air bag designs.

Air Bag Induced Injuries
When properly designed, air bags can be useful safety devices. Unfortunately, many air bag systems were poorly designed, resulting in numerous known air bag defects which in turn have resulted in thousands of serious air bag injuries. Defectively designed air bags are known to cause brain hemorrhages, burst hearts, severed brain stems, spinal injury, broken necks, blindings, TMJ syndrome, facial bone fractures, upper extremity injuries and disfigurement. These injuries have killed and paralyzed unsuspecting adults and children in collisions in which no one would have been injured in if the air bag didn't deploy.

Injuries can also be caused by air bag systems when they fail to deploy in situations in which they were needed.

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Known Air Bag Defects
Automobile manufacturers have produced air bag systems which are plagued by a wide range of dangerous defects. These defects have been identified by lawyers engaged in representing injured consumers and their survivors through diligent research and litigation. These defects include;
Aggressively overpowered air bags: Many auto manufacturers rushed to install air bags to obtain a marketing advantage over their competitors. For this reason a decade of air bags were put on the road with inadequate testing. The majority of the resulting air bag systems utilized dangerously over powerful air bag inflators, which cause serious injury and death when they strike occupants while deploying. Some airbags still meet Federal standards after being depowered by 70%.

Air Bags Without Tethers: Tethers are straps sewn inside the air bag which physically prevent the air bag from extending all the way to the occupant's face and eyes. These cost $1 or $2 a piece. Untethered air bags are quite capable of causing serious injury, since they are able to extend further toward the occupant. Eye injuries, including blinding injuries are the often the result of air bags slapping the face due to lack of tethers.Inadequate Sensor Numbers and Locations: Attempts to save money by using fewer sensors have led to defects which cause the remaining sensors to be overly sensitive or to be unable to timely detect a collision or to fail to detect a collision. Failure to test the numbers, calibration and location of sensors in foreseeable crash scenarios also results in dangerously defective sensors systems.

Inferior Algorithms: Newer air bag systems use electronic sensors which rely on their software to analyze deceleration data to determine if and when to deploy the air bag. These software sub-routines are referred to as algorithms. Inadequate algorithms can cause air bags to fire too late, fail to fire or deploy or to even fire for no reason at all.

Venting and Folding Defect: Injuries can be caused by mistakes in the number, size and location of gas vents and in the pattern used to fold the air bag. These can cause injuries from serious burns to brain damage.

Failure to Incorporate Technology: Many air bag systems are deficient because they fail to incorporate available technology. Examples are systems which fail to use systems which can identify the severity of the crash and then deploy the air bag with different power levels depending upon the energy produced in the crash. Other examples are the failure to incorporate pretension devices. The failure to use hear curtain side air bags is a serious safety flaw.

Failure to Warn of Known Dangers: Many car manufacturers foresaw that when braking proceeds a collision that passengers would raise their hands to brace themselves. Many thousands of arm injuries are suffered each year because people were not warned about the danger of trying to brace themselves during pre-crash braking.

Many cars are equipped with horns that require applying pressure on the surface of the steering wheel airbag module to actuate the horn. During a collision serious injuries to the hand, wrist and arm from honking the horn on these cars.

Use of Cheap Sensors: Sensors designed for other uses have been used by some manufacturers to reduce cost.

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What you should do when injured by an air bag
Preserve the Vehicle: Do not repair the vehicle. Collision damage to the exterior, damage, marks, blood, component deformation, glass breakage, air bag markings and seat belts can constitute useful evidence in preparing the case. If possible, the vehicle should be stored in a secure location until our experts can examine it. Cover any opening to prevent rain damage to the interior. Car company lawyers will ask courts to dismiss any legal action you might file or ask for you to be sanctioned for destroying evidence if they can find any reason to suggest that you failed to preserve evidence related to the vehicle and the accident.

Photograph the Vehicles: Photograph and video tape the entire exterior and interior of the vehicles involved. This includes the instrument panel, the seats, air bag and air bag door. Do not change the position of seats or seat belts. Whenever possible, photograph and video tape the objects struck, including the other vehicle, poles, trees, guardrails, curbs, fences, animals, walls etc. This is critical in cases in which the vehicle has been repaired or taken by insurance companies or when you have no means of getting and keeping . Shumway and Van Gaasbeck can arrange for professional preservation and documentation of the vehcile condition.

Prevent tampering by Auto Company Agents: Do NOT allow auto company or dealership representatives to inspect the car or download data from the car's black box. Valuable evidence can be lost. Allow your attorney to arrange for the examination and downloading of the onboard computer or Ablack box. Allowing the auto company to Ainspect your vehicle without legal representation will not help your case and could very well endanger it.

Photograph All Injuries: It is important to obtain immediate photographs of ALL injuries sustained in the accident. Inconsequential bruises must be documented with photographs because they provide valuable evidence on the manner in which the air bag failed and on the positioning of the injured party in the accident and seat belt use. This includes bruises on the face, chest, arms, hands, shoulder and waist.

Compile Records: Gather EMS reports, emergency room reports, autopsies and accident reports. Secure your owner's manual and vehicle purchase documents. If the vehicle has been repaired or totaled, obtain a detailed damage appraisal report or itemized invoice. These will be needed and will
facilitate the handling of your case.

Call Shumway and Van Gaasbeck Immediately: office 480.368.0002 cell 480.363.6897 email lshumway@extremezone.com Only attorneys who have experience in air bag cases will have the knowledge necessary to evaluate, prepare and litigate these very complex and difficult cases. Lynn Shumway and Stephen E. Van Gaasbeck have the experience and knowledge to help you.

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