After getting into a car accident I called Barbara and it was the best decision I ever made. She is amazing! I couldn’t have asked for a better lawyer to represent me. She got me the best settlement to pay back my medi...
The fight with insurance companies is just as hard as fighting for your life after an accident. As long as you dont give up on yourself Barbara will fight for you. The staff at Kidwell and Gallagher were great as well. I...
These two are specialists in two related fields, personal injury and workmen’s comp. Both they and their staff were VERY responsive to me and my questions, and handled my case with patience and competence. I would,...
I feel like kidwell & Gallagher went above and beyond for me. Craig himself and his staff are so nice and helpful. I would highly recommend this law office for your workmans comp/injury needs. You will not be disappo...
The best place to go if you need good hometown lawyers. They are very informative and kept us updated on what was going to happen through out our case.
Was the best experience, we told them the problem and they took over everything, was such a relief. Always there to answer any questions and help is fast is possible.
I was at my job mountain crew changes there in the basement of kidwell and Gallagher
They weren’t able to help with my case, but they directed me to someone who could.
Did you know that airbags have saved approximately 50,457 lives between 1987 and 2017? Unfortunately, airbags don’t always work as intended during crashes, leading to injuries, loss, pain, and car damages. This safety technology failure begs two critical questions: Who is responsible for the injuries that occur due to an airbag failure? How do you pick the right defendant and prove liability?
The first and most obvious party that could be responsible is the carmaker. If the manufacturer designed or installed inappropriate or defective airbags, you can file a claim against them under the products liability doctrine. Carmakers are required to rigorously test their auto-parts to ensure they’re reasonably fit for their intended purpose. Additionally, if an automaker discovers that their airbags do not comply with the Federal Motor Vehicle Safety Standard 208, they are required to recall and fix them immediately. If they fail to do so, they could be held strictly liable. Strict liability means the automaker will be required to bear the expenses associated with the mishap even if you have no proof of negligence. If the automaker outsources the design, development, and assembly of their airbags, you can file lawsuits against the business or individual that supplied your airbags. Besides the automaker and the airbags supplier, you could also file a claim against the car distributor who sold you the car for the fault or failure to detect it. You can also sue the airbag specialist who repaired or reinstalled your airbags.
If you believe or suspect that you incurred injuries or property damages due to an airbag malfunction, take the following measures to identify the responsible party and prove liability.
Visit a licensed physician to find if the airbag failure caused the injuries. If the physicians confirm that the fault caused the injuries, ask them to put their opinion and medical findings in writing. You’ll use the report as evidence to prove liability.
Airbags can fail to deploy when they should do so due to several reasons. Below are some of them:
Consult with a knowledgeable airbag expert or a seasoned auto mechanic who can guide you and identify the real reason why the airbags failed to deploy.
An experienced attorney can determine which party was negligent and sue them. The lawyer will also help you determine if two or more parties were negligent. A seasoned advocate can also gather the necessary evidence to prove the defendant was at fault. You may also seek relevant legal advice from the lawyer throughout the litigation process.
Once you have reliable evidence that you may need and identify the responsible party, file your claim. Make sure you submit the claim or initiate a lawsuit before the statute of limitations runs out. Most people struggle to pick the responsible party after a car crash that involved defective airbags. The legal procedures can also be overwhelming. Luckily, the guide provided above can help you focus in the right direction. Ensure you implement the tips. If you were injured or incurred large costs due to defective vehicle safety features, our reputable and talented attorneys could help you secure compensation. We help you gather strong evidence, identify the liable party, file a formal claim, and make sure you get a reasonable settlement. Contact us right away for legal assistance, and we’ll help you get the compensation you deserve.
Craig W. Kidwell is the managing partner of Kidwell & Gallagher, Ltd., and exclusively represents injured workers in Nevada. Mr. Kidwell has been practicing workers’ compensation law in Nevada since 1999 and has acted as lead counsel on over 2,000 contested workers’ compensation claims. Mr. Kidwell represents injured workers in Nevada through all stages of Nevada’s complex worker’s compensation system. Craig regularly appears in all levels of Nevada’s administrative workers’ compensation system and has represented injured workers in Nevada’s districts and Supreme Court.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Managing Partner, Craig W. Kidwell who has more than 20 years of legal experience as a personal injury attorney.