Possibly, but not automatically. Airbags are not designed to deploy in every collision, so the first question is whether your crash was one where the system should have fired. If it was, and the airbag stayed silent, you may have a product liability claim against the manufacturer in addition to your claim against the at-fault driver.
Airbags Are Not Supposed to Deploy in Every Crash
That’s a question that comes to our office with some frequency and I always advise clients that the airbags are not designed to go off in every collision under all circumstances one would have to look at the specific make model and year of the vehicle to determine what types of impacts should trigger the airbags to go off.
Deployment depends on the speed, angle, and type of impact, and on the specific make, model, and year of your vehicle. Low-speed collisions and some rear-end or side impacts may not meet the deployment threshold by design. That is why non-deployment alone does not prove a defect.
When Non-Deployment May Be a Defect
The picture changes when the crash forces were clearly severe enough that the system should have activated. Defective crash sensors, faulty control modules, wiring problems, and manufacturing errors have all caused airbags to fail when they were needed. Some of these failures have led to major recalls. If your injuries were made worse because the airbag did not deploy, the manufacturer may be liable for that added harm.
Preserve the Vehicle. This Cannot Wait.
The single most important step in an airbag case is keeping the vehicle exactly as it was after the crash. The car itself is the evidence: engineers need to inspect the sensors, the control module, and its recorded data. If the car is repaired, sold, or scrapped, the case usually goes with it. Tell your insurer in writing not to dispose of the vehicle before an inspection.
Two Claims Can Run at the Same Time
An airbag claim does not replace your claim against the driver who caused the crash; the two can proceed together. Product liability cases are technical and expert-driven, and Illinois law allows claims against manufacturers for defective design, manufacturing defects, and failure to warn. Learn more about how our product liability lawyers handle defect cases.
Frequently Asked Questions
What if the airbag deployed but I was still seriously hurt?
Deployment does not end the question. Airbags that fire late, with excessive force, or send debris into the cabin have all been the subject of defect claims and recalls. If the airbag itself caused or worsened your injuries, that is worth investigating.
How long do I have to bring a defect claim?
Illinois generally allows two years for injury claims, but in practice the real deadline is much shorter: the vehicle must be preserved and inspected before it is repaired or scrapped. Contact a lawyer before you settle anything with the insurance company about the car.
Get Your Case Reviewed Early
The Illinois personal injury law firm of Phillips Law Offices has represented injured people and their families for decades. Talk to a Chicago car accident lawyer on our team for free, and pay nothing unless we win.
