In motor vehicle accidents, airbags will act as soft cushions between your body and the hard interior of the car. However, airbags only deploy when there is significant force. In other words, if the airbags have been deployed, it’s a sign that the car accident is serious. While they save your life, the deployment of airbags also has significant legal implications that can impact how your injury case is evaluated and how much compensation you may receive. At Alex Yadgarov & Associates, we understand how details can influence your claim. As your accident lawyer in New York, we’ll break down what airbag deployment means for your injury claim and how you can use it to gain the compensation you deserve.
What Causes Airbags to Deploy?
In a motor vehicle, there are multiple crash sensors that detect impact, pressures, and rapid deceleration. These sensors can pass on the data received to the vehicle’s Airbag Control Unit (ACU), which then calculates whether the deployment is warranted. As such, airbags are deployed in moderate and severe collisions, not when minor bumps occur.
How Does Airbag Deployment Affect Your NYC Injury Claim?
When filing a compensation claim, your accident lawyer in NYC can use the airbag deployment as a meaningful piece of evidence. Combined with other evidence like medical records, witness accounts, and accident reports, it can help show the severity of the incident. At the same time, it can also help establish a connection between the accident and the injuries.
In terms of compensation, the airbag deployment can also help claimants overcome New York’s serious injury threshold. If successful, it will allow a claimant to step outside New York’s no-fault system and claim compensation for non-economic losses.
But the bottom line is, although airbag deployment is significant evidence, liability and compensation still depend on the full picture.
Common Injuries Associated with Airbag Deployment
While airbags cushion the blow and save your life, they do not prevent injuries. Here are some of the most common injuries associated with airbag deployment:
- Facial injuries
- Burns and abrasions
- Chest injuries
- Wrist and hand injuries
- Eye injuries
- Neck injuries
- Traumatic Brain Injuries (TBI)
- Fractures and broken bones
What Compensation May Be Available After an Airbag Deployment in an Accident?
When you’re injured in an accident, you may be entitled to compensation under New York’s insurance system. In fact, under standard Personal Injury Protection (PIP) coverage, you can claim compensation, up to $50,000, for economic losses such as medical expenses, lost wages, and other relevant expenses. Since New York is a no-fault state, this compensation is awarded, regardless of fault.
However, if you want to step outside the no-fault system, you need to file a personal injury lawsuit. However, you can only file such a lawsuit if you can show that your basic economic loss exceeded $50,000 or that you have passed New York’s serious injury threshold.
You can overcome this threshold if you can show that the accident caused a “serious injury” as defined in Section 5102 (d) of New York Insurance Law. If successful, you can claim compensation for non-economic losses like pain and suffering and emotional distress. However, keep in mind that under the statute of limitations, the lawsuit must be filed within three (03) years of the accident’s date.
However, it is worth pointing out that any compensation received via a lawsuit is subject to New York’s pure comparative negligence rule. Under this rule, if a person is partially responsible for the accident, their compensation will be reduced by the extent of their fault in the accident. For example, if the claimant is 45% responsible for the accident, their compensation will be reduced by 45%.
Common Misconceptions About Airbag Deployment and Injury Claims
When airbags are deployed in an accident, there are a number of assumptions. If you’re not careful, these assumptions can work against you. Some of the most common myths are the following:
- “If my airbag is deployed, I automatically have a winning case.” – While the deployment is significant, it is not necessarily an indication of a winning case. The final outcome will depend on many factors.
- “If my airbag didn’t deploy, I can’t recover compensation.” – Absolutely not. Non-deployment does not undermine your case. Your accident lawyer in New York can use other evidence to establish your case.
- “Airbag deployment alone proves the other driver was at fault.” – Deployment shows the force of the collision, not necessarily who caused it. At the same time, if you were negligent, the comparative negligence rule will work against you.
Conclusion
Evidence of an airbag deployment can be a major turning point in an injury claim. When handled correctly, it can strengthen your claim. If misunderstood, it can work against you. If you’re injured in a car accident, don’t leave the success of your claim to chance. Contact the best car accident lawyer in NYC at Alex Yadgarov & Associates. We will take every detail into account and build a case that will help you get the compensation you deserve.