Car Injury Lawyer in Nebraska: What to Do If an Airbag Causes Injury After a Car Accident

Introduction: When Safety Devices Cause Harm

Car accidents are traumatic events, and while airbags are designed to protect occupants during a collision, they can sometimes cause injuries themselves. In Nebraska, understanding your rights and options when an airbag malfunctions or causes injury is crucial. This article delves into the complexities of airbag-related injuries in Nebraska car accidents, providing guidance on what to do, potential compensations, and legal strategies.

Understanding Airbag Function and Malfunctions

Airbags are supplemental restraint systems designed to deploy rapidly upon impact, cushioning occupants and preventing them from hitting the vehicle's interior. However, several factors can lead to airbag malfunctions:

• 💥Defective Design: The airbag's design may be inherently flawed, causing it to deploy with excessive force or at an inappropriate time.
• 🔧Manufacturing Errors: Errors during manufacturing can lead to airbag components failing or deploying incorrectly.
• 💻Sensor Malfunctions: Sensors that trigger airbag deployment may be faulty, causing unintended or delayed deployment.
• ⏳Age and Degradation: Over time, airbag components can degrade, affecting their performance.
• 🔥Recalled Airbags: Some airbags, particularly those manufactured by Takata, have been subject to recalls due to their tendency to explode upon deployment, sending shrapnel into the vehicle's cabin.

Common Airbag-Related Injuries in Nebraska Accidents

While airbags are intended to protect, they can cause a range of injuries upon deployment. These injuries can vary in severity depending on the force of deployment, the occupant's position, and any pre-existing conditions.

• 🤕Facial Injuries: Abrasions, lacerations, fractures, and eye injuries are common due to the impact of the airbag against the face.
• 🫁Chest Injuries: Rib fractures, lung contusions, and internal bleeding can occur due to the force of the airbag against the chest.
• 👂Hearing Loss: The loud noise of airbag deployment can cause temporary or permanent hearing loss.
• 🦾Arm and Hand Injuries: Fractures, sprains, and dislocations can occur as the occupant braces for impact or is struck by the deploying airbag.
• 🔥Burns: Chemical burns can occur from the chemicals released during airbag deployment.
• ❤️‍🩹Aggravation of Existing Conditions: Airbag deployment can exacerbate pre-existing injuries or conditions, such as back pain or neck injuries.

What to Do Immediately After an Airbag Injury in Nebraska

Seeking immediate medical attention and documenting the incident are crucial first steps.

1. 🏥Seek Medical Attention: Your health is the top priority. Even if you feel fine immediately after the accident, seek medical attention as soon as possible. Some injuries may not be immediately apparent. Be sure to inform medical professionals about the airbag deployment.
2. 🚓Report the Accident: Report the accident to the appropriate law enforcement agency. Obtain a copy of the police report, as it can be valuable evidence in your claim.
3. 📸Document the Scene: If possible, take photos and videos of the accident scene, including the damage to your vehicle, the deployed airbag, and any visible injuries.
4. 📝Gather Information: Collect contact information from all parties involved, including drivers, passengers, and witnesses. Exchange insurance information with the other driver.
5. 🗣️Limit Communication: Avoid making statements to insurance companies or other parties involved until you have consulted with an attorney.
6. 💼Contact a Nebraska Car Accident Lawyer: A Nebraska car accident lawyer experienced in airbag injury cases can help you understand your rights and options and guide you through the legal process.

Establishing Liability in Nebraska Airbag Injury Cases

Establishing liability is crucial in pursuing a claim for airbag-related injuries. Several parties may be held liable, depending on the circumstances of the accident and the cause of the airbag malfunction:

• 🚗Negligent Driver: If the accident was caused by the negligence of another driver, such as speeding, drunk driving, or distracted driving, the negligent driver may be liable for your injuries.
• 🏢Vehicle Manufacturer: If the airbag malfunctioned due to a defect in its design or manufacturing, the vehicle manufacturer may be liable.
• ⚙️Airbag Component Manufacturer: If the airbag malfunctioned due to a defect in a component manufactured by a third party, the component manufacturer may be liable.
• 🛠️Repair Shop or Mechanic: If the airbag malfunctioned due to improper installation or repair, the repair shop or mechanic may be liable.

Legal Theories for Airbag Injury Claims in Nebraska

Several legal theories can be used to pursue an airbag injury claim in Nebraska:

• ⚠️Negligence: Proving that the at-fault driver, manufacturer, or other responsible party failed to exercise reasonable care, resulting in your injuries.
• ⚙️Product Liability: Establishing that the airbag was defective in design, manufacturing, or warning, and that the defect caused your injuries. This can include claims for strict liability, where negligence doesn't need to be proven.
• 🗣️Breach of Warranty: If the airbag was covered by a warranty, and the manufacturer failed to honor the warranty, you may have a claim for breach of warranty.

Potential Compensation in Nebraska Airbag Injury Cases

If you have been injured by an airbag in a Nebraska car accident, you may be entitled to compensation for your losses. The amount of compensation you may receive will depend on the severity of your injuries, the extent of your damages, and the strength of your case. Common types of compensation include:

• 🏥Medical Expenses: Compensation for all medical expenses related to your injuries, including hospital bills, doctor's visits, physical therapy, and prescription medications.
• 💸Lost Wages: Compensation for lost wages and income due to your inability to work as a result of your injuries.
• 🤕Pain and Suffering: Compensation for the physical and emotional pain and suffering you have experienced as a result of your injuries.
• 😥Emotional Distress: Compensation for emotional distress, such as anxiety, depression, and post-traumatic stress disorder (PTSD).
• 🛠️Property Damage: Compensation for damage to your vehicle and other property.
• 🚑Future Medical Expenses: Compensation for future medical expenses that you are likely to incur as a result of your injuries.
• 🦽Permanent Impairment: Compensation for any permanent impairment or disability resulting from your injuries.
• 💔Loss of Consortium: In some cases, a spouse may be able to recover compensation for loss of consortium, which refers to the loss of companionship, affection, and sexual relations.
• 💀Wrongful Death: In the event of a fatality, the deceased's family can pursue damages.

The Importance of Expert Witnesses in Airbag Injury Cases

Expert witnesses play a crucial role in airbag injury cases, particularly when establishing liability based on a defect in design or manufacturing. Expert witnesses can provide testimony on the following:

• 👨‍🔬Airbag Design and Function: Experts can explain how airbags are designed to function and how they are supposed to protect occupants.
• 👨‍🔧Airbag Defects: Experts can identify defects in the airbag's design, manufacturing, or warning.
• 💥Cause of Injuries: Experts can determine whether the airbag malfunction was the cause of the occupant's injuries.
• 🧑‍⚕️Medical Causation: Medical experts can establish the link between the airbag deployment and the specific injuries sustained.
• 📊Accident Reconstruction: Accident reconstruction experts can analyze the accident scene and determine how the accident occurred.

Strategies for Building a Strong Airbag Injury Case in Nebraska

Building a strong airbag injury case requires careful planning and execution. Here are some strategies that can help:

• 📑Gather Evidence: Collect all available evidence, including police reports, medical records, witness statements, and photos and videos of the accident scene.
• 🧑‍⚕️Obtain Expert Testimony: Retain qualified expert witnesses to provide testimony on the airbag's design and function, the cause of the malfunction, and the cause of your injuries.
• 👩‍⚖️Understand Nebraska Law: Familiarize yourself with Nebraska's laws regarding negligence, product liability, and damages.
• 🤝Negotiate with the Insurance Company: Be prepared to negotiate with the insurance company to reach a fair settlement.
• ⚖️File a Lawsuit: If you are unable to reach a settlement, file a lawsuit to protect your rights and pursue your claim in court.

Nebraska's Statute of Limitations for Personal Injury Claims

In Nebraska, the statute of limitations for personal injury claims is four years from the date of the accident. This means that you must file a lawsuit within four years of the accident to preserve your right to recover compensation. Failure to file a lawsuit within the statute of limitations will bar your claim.

Choosing the Right Nebraska Car Accident Lawyer

Choosing the right Nebraska car accident lawyer is essential to the success of your airbag injury case. Look for a lawyer who has:

• ✅Experience: Experience handling airbag injury cases in Nebraska.
• ✅Knowledge: A thorough understanding of Nebraska's laws regarding negligence, product liability, and damages.
• ✅Resources: The resources necessary to investigate your case, gather evidence, and retain expert witnesses.
• ✅Communication: Excellent communication skills and a willingness to keep you informed about the progress of your case.
• ✅Reputation: A strong reputation for success in personal injury cases.

Alternative Dispute Resolution (ADR) in Nebraska

In some cases, airbag injury claims can be resolved through alternative dispute resolution (ADR) methods, such as mediation or arbitration. Mediation involves a neutral third party who helps the parties reach a settlement. Arbitration involves a neutral third party who makes a binding decision on the claim.

Frequently Asked Questions (FAQs)

1. What if the airbag deployed but I wasn't wearing a seatbelt?
   Nebraska is a comparative negligence state. Your compensation may be reduced based on your percentage of fault. However, you may still be able to recover damages.
2. Can I sue if the airbag caused only minor injuries?
   Yes, you can sue for minor injuries. The amount of compensation you may receive will depend on the extent of your damages.
3. How much does it cost to hire a car accident lawyer in Nebraska?
   Most car accident lawyers in Nebraska work on a contingency fee basis, which means that you only pay a fee if they recover compensation for you. The fee is typically a percentage of the settlement or judgment.
4. What if the other driver was uninsured?
   If the other driver was uninsured, you may be able to recover compensation under your own uninsured motorist coverage.

Conclusion: Protecting Your Rights After an Airbag Injury

Airbag injuries can be serious and life-altering. If you have been injured by an airbag in a Nebraska car accident, it is essential to understand your rights and options. By seeking medical attention, gathering evidence, and consulting with an experienced Nebraska car accident lawyer, you can protect your rights and pursue the compensation you deserve.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.