Can You Sue a Car Company for Airbags Not Deploying?
Yes, you can sue a car company for airbags not deploying under the legal doctrine of automotive product liability and crashworthiness. If an automobile experienced a severe front or side collision that met factory threshold deceleration parameters and the Supplemental Restraint System (SRS) failed to deploy due to a design or manufacturing defect, the manufacturer is strictly liable for resulting injuries.
The Crashworthiness Doctrine and Automotive Product Liability
When an automobile experiences a violent collision, drivers and passengers rely on advanced engineering restraint systems to shield them from catastrophic bodily harm. Seatbelt pretensioners lock occupants tight, while pyrotechnic airbag modules explode in milliseconds to form protective cushions between human heads and the rigid steering wheel, dashboard, windshield, or side door pillars. When a high-speed collision occurs and the airbags inexplicably fail to deploy, vehicle occupants often suffer horrific head trauma, facial fractures, and spinal fractures.
In American civil jurisprudence, filing a lawsuit against an automobile manufacturer (such as General Motors, Ford, Toyota, Honda, or Stellantis) is governed by the Crashworthiness Doctrine and Strict Product Liability law. Under the crashworthiness doctrine, courts recognize that while an automobile manufacturer did not cause the initial traffic accident, the vehicle manufacturer is legally responsible for manufacturing a crashworthy vehicle that protects human life during foreseeable collisions.
If an automobile’s safety systems fail to operate properly during a crash, causing enhanced or aggravated bodily injuries beyond what the occupant would have suffered had the airbags deployed correctly, the auto manufacturer is held strictly liable. The injured victim does not need to prove that company executives were evil or careless; they need only prove that the airbag system was defective in design, manufacturing, or failure to warn. The table below delineates the three foundational product liability claims asserted in airbag non-deployment lawsuits.
| Product Liability Legal Theory | Engineering Failure Classification | Specific Mechanical Defect Example | Evidentiary Burden on Plaintiff |
|---|---|---|---|
| Design Defect | Flawed system-wide engineering or software logic | Airbag control module (ACU) algorithm fails to recognize angled crashes | Must prove safer, feasible alternative design existed |
| Manufacturing Defect | Isolated error during factory assembly line build | Pinched wiring harness, corroded sensor, bad propellant seal | Must prove specific unit deviated from factory blueprints |
| Failure to Warn | Inadequate owner manual instructions or warnings | Failing to warn that child seats or seating position disables sensors | Must prove lack of adequate warning caused injury |
| Breach of Warranty | Failure to satisfy implied warranty of merchantability | Vehicle advertised as 5-star safety rating fails basic restraint | Must prove vehicle was unfit for safe transportation |
Deceleration Thresholds: When Are Airbags Supposed to Deploy?
A vital engineering and legal reality that every crash victim must understand is that airbags are not designed to deploy in every single automobile accident. Automobile manufacturers equip vehicles with sophisticated electronic crash sensors and microprocessors calibrated to strict Deceleration Thresholds.
Under Federal Motor Vehicle Safety Standards (FMVSS 208), front frontal airbags are engineered to deploy only in moderate-to-severe frontal or near-frontal collisions—typically equivalent to striking a rigid, fixed barrier at a minimum speed of 12 to 16 miles per hour, or striking an identical parked vehicle at 24 to 28 miles per hour. If a collision involves a low-speed parking lot tap, an under-ride collision beneath a high semi-trailer bed where the bumper sensors are missed, or a pure rear-end collision where seatbelts provide primary protection, the airbag computer is programmed to suppress deployment to prevent secondary airbag blast injuries.
Proving that your crash satisfied deployment thresholds requires downloading the vehicle’s Event Data Recorder (EDR or ‘black box’). The EDR records critical pre-crash telemetry: vehicle speed, throttle position, brake application, seatbelt buckle status, and Delta-V (the exact change in velocity in meters per second squared). If the EDR data proves that the crash generated a Delta-V exceeding factory deployment parameters and the computer failed to fire the squib pyrotechnic charges, you have an airtight product defect lawsuit. The table below illustrates when airbag deployment is mandated versus suppressed.
| Crash Scenario & Impact Profile | Delta-V Force / Speed Parameter | Expected Airbag System Response | Defect Viability If Airbag Fails |
|---|---|---|---|
| Direct Head-On Collision (>25 mph) | Delta-V exceeds 15-20 mph instantaneous drop | Front steering wheel & passenger airbags must deploy | Extreme: Clear actionable product liability lawsuit |
| Severe T-Bone Side Broadside Crash | Lateral accelerometer detects rapid door intrusion | Side curtain and seat-mounted torso airbags deploy | High: Failure of side sensors indicates defect |
| Direct Rear-End Collision Impact | Occupants pushed backward into seatbacks | Airbags intentionally suppressed (Seatbelts lock) | Non-actionable; airbags programmed not to fire |
| Low-Speed Bumper Tap (<10 mph) | Delta-V below factory threshold | Airbags intentionally suppressed | Non-actionable; deploying would cause facial burns |
The Fatal Mistake: Preserving the Physical Wrecked Vehicle
The single most catastrophic mistake an injured victim can make in an automotive product liability case is allowing the wrecked vehicle to be crushed, sold, or destroyed by insurance salvage yards before forensic engineers can inspect it.
In a lawsuit against a multi-billion-dollar automaker, your physical wrecked car is the primary physical evidence. If your auto insurance company declares the car a total loss, tows it to a Copart or IAA salvage auction yard, and an auto dismantler crushes it into scrap metal, the auto manufacturer’s defense team will file an immediate Motion to Dismiss based on the legal doctrine of Spoliation of Evidence. The court will dismiss your case because the automaker was deprived of the opportunity to physically inspect the wiring, sensors, and computer modules.
The moment an airbag failure to deploy is suspected, you or your attorney must purchase the wrecked car back from the insurance company under an owner-retained salvage settlement or issue a formal legal preservation hold to the storage facility, transporting the vehicle to a secure, climate-controlled indoor storage facility where specialized metallurgical and electrical forensic engineers can perform non-destructive microscopic inspections.
How to Build a Lawsuit for Defective Airbag Non-Deployment
Step-by-step roadmap to preserve physical vehicle evidence and prosecute an automotive product defect claim.
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Preserve the Physical Wrecked Vehicle Immediately
Never allow the insurance company to sell or scrap the car; purchase it back as owner-retained salvage and store it in a secure indoor facility.
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Download the Event Data Recorder (EDR) Black Box Data
Retain an accredited crash reconstructionist with specialized Bosch CDR hardware to download and image the vehicle’s crash telematics.
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Document Enhanced Injuries Caused by Non-Deployment
Collect emergency room CT scans proving facial fractures, traumatic brain injuries, or steering wheel chest trauma that deployed bags would have prevented.
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Hire an Experienced Automotive Product Defect Law Firm
Retain a nationally recognized product liability trial firm capable of fronting $50,000+ in forensic engineering testing against auto manufacturers.
Frequently Asked Questions (7 Questions Answered)
Q1: Are airbags supposed to deploy in every car accident?
No. Airbags are engineered to deploy only in moderate-to-severe collisions exceeding calibrated deceleration thresholds (typically 12 to 16 mph barrier impact).
Q2: What is the crashworthiness doctrine in product liability?
A legal rule holding car manufacturers strictly liable for enhanced bodily injuries caused by defective vehicle safety systems during a crash.
Q3: What is an EDR black box in an automobile?
The Event Data Recorder is an onboard computer that records vehicle speed, brake application, seatbelt usage, and deceleration forces during a crash.
Q4: Can I sue if the car was totaled but airbags didn’t deploy?
Yes, provided the impact forces met deployment thresholds and the lack of airbag deployment directly caused or worsened your physical bodily injuries.
Q5: What happens if the insurance company crushes my car before an inspection?
If the vehicle is destroyed, the court will likely dismiss your lawsuit for spoliation of evidence; you must preserve the physical car immediately.
Q6: How much does it cost to sue an auto manufacturer for airbag failure?
Attorneys handle product defect cases on contingency (zero upfront cost), advancing tens of thousands of dollars in expert engineering testing fees.
Q7: How long do I have to sue a car company for an airbag defect?
Product liability statutes of limitations typically range from two to four years from the date of the crash, governed by state products liability codes.
Final Thoughts & Key Takeaways
You can sue an automobile manufacturer for airbags not deploying if the collision generated sufficient impact force to trigger factory deployment thresholds and the failure caused severe, aggravated physical trauma. Automobile product liability litigation requires deep capital resources, forensic black box telemetry downloads, and expert mechanical engineering testimony. Securing and preserving the physical wrecked automobile immediately is the single most critical step to holding auto conglomerates accountable for defective safety systems.