When an airbag did not deploy in accident claim situation arises, victims often assume they have no recourse because the safety system simply did not work. In fact, non-deployment may be evidence of a product defect that gives rise to a separate claim — on top of any standard negligence claim against the at-fault driver. Understanding both airbag-caused injuries and non-deployment claims is essential to recovering what you are owed after a serious Illinois crash.
This article provides general legal information; consult a licensed Illinois attorney for advice specific to your situation.
Federal Standards Govern When Airbags Must Deploy
Airbag deployment is not required in every crash. Federal Motor Vehicle Safety Standard 208, codified at 49 CFR 571.208, sets the occupant crash protection requirements that vehicle manufacturers must meet. Under FMVSS 208, frontal airbags are generally designed to deploy in moderate-to-severe frontal and near-frontal impacts, typically when closing speeds and crash severity exceed specified thresholds. The standard allows manufacturers latitude in calibrating deployment algorithms, which means a crash that feels severe to an occupant may fall below the threshold at which the restraint system was engineered to deploy. However, when a crash clearly exceeds those thresholds and the airbag does not fire, the gap between what FMVSS 208 requires and what occurred in your vehicle becomes the central question in a product liability claim. Expert analysis of the event data recorder (EDR) and the restraint control module is essential to establish that gap.
Injuries Caused by Airbag Deployment
Airbags save lives, but they can also cause significant injuries, particularly when an occupant is out of position, the seat is too close to the dashboard, or when a recalled inflator is involved. Common airbag-deployment injuries include facial abrasions and lacerations from the bag surface, eye injuries from the inflation blast, hearing damage from the deployment noise, and chemical burns from the propellant gases released during inflation. Certain Takata-brand inflators — subject to the largest automotive recall in U.S. history — were found to rupture and project metal fragments, causing fatal and serious injuries. NHTSA’s recall and defect investigation database at NHTSA.dot.gov lists open and closed investigations by make, model, and model year. If your vehicle falls under an open recall and you were not notified, that failure to notify is itself relevant to your claim.
Non-Deployment Claims: Preserving the Vehicle Is Critical
If your airbag failed to deploy in a crash that should have triggered it, the vehicle is now the primary piece of evidence in your product liability case. This is the same evidence-preservation principle that applies in car fire cases and other product defect scenarios: the vehicle must not be repaired, returned to a dealership or insurer, sold, or otherwise transferred until your attorney has arranged for a qualified accident reconstruction and product liability expert to inspect it. The restraint control module and EDR in modern vehicles record pre-crash speed, braking input, and sensor data — information that can confirm whether the crash met the deployment threshold. Once the vehicle is repaired or destroyed, that data may be unrecoverable. Send a written litigation hold notice to every party with custody of the vehicle immediately after the crash.
Who Can Be Held Liable in Airbag Defect Cases
Airbag defect claims in Illinois are brought under products liability theory, which can reach multiple parties in the supply chain. The vehicle manufacturer, the airbag system supplier, and — in cases involving recalled components — potentially the dealership that performed or failed to perform the recall repair, may all bear responsibility. These car accident types in Chicago overlap with product liability law in ways that require expert testimony to establish the defect, causation, and damages. Illinois applies strict liability to product defect claims, meaning you do not need to prove the manufacturer was negligent — only that the product was unreasonably dangerous and caused your injury. That said, collecting the technical evidence to prove the defect still requires early, coordinated action.
Steps to Take After an Airbag Injury or Non-Deployment
Seek emergency medical care first. Eye injuries, hearing damage, and chemical burns from airbag propellant all require prompt evaluation. Photograph your injuries, the deployed or non-deployed airbag, the dashboard, and the full vehicle exterior before anything is moved or cleaned. Document the VIN, which your attorney will use to search the NHTSA recall database. If your vehicle is towed, confirm its location and notify your attorney immediately so a hold can be placed before the insurer or tow company moves to auction or salvage it. Under Illinois law, you generally have two years from the date of the crash to file a personal injury or product liability claim (735 ILCS 5/13-202), but preserving physical evidence is time-sensitive in ways that make waiting dangerous.
Talk to a Chicago Attorney — Free Consultation
Airbag injury and non-deployment claims require fast action to preserve vehicle evidence, expert analysis of EDR data, and a clear understanding of both FMVSS 208 standards and Illinois product liability law. Phillips Law Offices works with accident reconstruction and product liability experts to evaluate these claims throughout the Chicago area. Call us at (312) 346-4262 or visit our contact page to schedule a free consultation. Attorney review of your specific facts is required before any legal advice can be given.
