Can You Be Compensated for Airbag Burns?

July 25, 2024

More than six million motor vehicle accidents take place across the country each year, with almost a third of them resulting in injuries.  These injuries can have many causes, and some of them are ironically caused by a device that was explicitly designed to avert car accident injuries: the airbag.  Airbags are believed to have saved more than 50,000 lives over the course of three decades by cushioning the blow of certain crashes, but they can also hurt motorists when they are deployed, including through airbag burns. 

While you may have heard that you could be eligible to recover financial damages if you have been injured in a collision, can you be compensated for airbag burns?  Join us as we explore what compensation you can receive for your airbag-related injuries.

How Do Airbags Work? 

Before we delve into the value of airbag burns and other injuries brought about by airbags, it is important to understand what airbags are and how they work. 

An airbag is an automotive safety system that delivers soft cushioning and restraint to a vehicle’s occupant during a crash.  By inflating very quickly, the airbag provides an energy-absorbing surface that keeps the occupant’s head or upper body from striking blunt objects within the interior of the vehicle, such as the steering wheel, the instrument panel, the body pillar, or the windshield. 

Frontal airbags, which inflate to the front of drivers and passengers, have been standard in all passenger vehicles sold in the United States since the late 1990s, though side airbags are increasingly being offered as standard or optional equipment on newer passenger vehicles too. 

When stripped down to the basics, every airbag consists of an airbag cushion, a flexible bag, an inflator, and an impact sensor.  In the event of a moderate to severe crash, a signal is sent from the impact sensor to the inflator, which sparks a chemical reaction that produces a gas that will inflate the flexible bag, sometimes at a rate of more than 200 miles per hour.  All of this occurs in under a twentieth of a second – or even less in the case of side airbags – thereby keeping vehicle occupants from bouncing off of the hard surfaces that surround them. 

While airbags can be quite effective in curbing car accident injuries, the violence with which they are released can turn them into potential sources of injury as well, particularly when a driver or passenger is situated too close to an airbag when it begins to deploy. 

Common Types of Airbag Injuries 

There are a wide range of injuries that a vehicle occupant can suffer because of airbag deployment.  These injuries are primarily traumatic in nature, the result of encountering an airbag at high velocity.  Some of the most common types of airbag injuries include: 

• Facial contusions and lacerations 

• Fractures of the orbital and nasal bones 

• Dental fractures 

• Head, chest, and upper extremity damage 

• Concussions and post-concussion syndrome 

• Internal bleeding 

• Hearing loss and ringing in the ears 

Some populations may be more vulnerable to airbag injuries than others.  For example, pregnant women could be in danger of major fetal damage, while children under the age of 13 may be in such jeopardy of grievous bodily harm from airbag deployment that they should always ride in the back seat where no airbags are present.  Certain elderly motorists could be so frail that they should try to keep their distance from airbags too, since a deployment could be much harder on them, as should passengers with preexisting cardiovascular or musculoskeletal disorders that could make them more susceptible to the effects of trauma.  

In addition to injuries from the airbags themselves, the chemicals contained in airbags have been linked to visual impairment and respiratory issues for some drivers and passengers.  Moreover, there have been situations in which occupants have died because of airbag deployment, though technological advancements have mostly eliminated airbag fatalities in recent years. 

What have not been eliminated are airbag burns, which account for nearly eight percent of airbag-related injuries, in large part because of the immense heat leading up to and coming out of airbag deployment. 

What Are Airbag Burns? 

Under normal conditions, the chemicals sealed inside of an airbag must reach a temperature of 350 degrees before the airbag can inflate.  The generation of that much heat in such a narrow timeframe and in such close quarters could result in significant burn injuries on the hands, arms, face, and chest, even more so when coupled with the heat generated by the force with which the airbag opens. 

The three main kinds of airbag burns are friction burns, chemical burns, and ballistic burns.  An airbag friction burn is the result of abrasive contact with the surface of the airbag as it expands, with the combined kinetic and thermal energy scraping or rubbing off the skin, leaving it wounded, blistered, or burned. 

In contrast, an airbag chemical burn is typically the result of toxic substances escaping from the airbag upon deployment, such as sodium azide, sodium hydroxide, and metallic oxides.  The interaction of these substances is pivotal in producing the nitrogen gas that inflates the airbag so rapidly.  If that airbag should rupture during a car accident, a motorist could get burned by the high-temperature gases created by these chemicals, which are irritants to human beings. 

In an airbag ballistic burn, the skin of a driver or passenger is damaged by physical pressure or abrasions from small particles and fragments flying out of the airbag, which essentially transform into projectiles rocketing through the air. 

While airbag burns could arise even with proper airbag deployment, it should be noted that problems with the airbags or their components could make these injuries more probable.  For instance, an airbag that deploys too quickly could reach speeds or temperatures that are much more dangerous.  Similarly, an airbag system that has been negligently installed could deploy in an “off-center” fashion that could heighten the injury to an unsuspecting vehicle occupant’s skin. 

Airbag Burn Treatment Methods 

Regardless of the origin of your airbag burn, the damage inflicted will depend heavily upon its seriousness, which could range from a so-called minor or superficial burn on one end of the spectrum to a third-degree burn on the other end.  Burn injuries of all sorts could end in scarring and disfigurement, and harsher burns might lead to infections that could develop into catastrophic complications and illnesses. 

Just as the seriousness of airbag burns can vary, so too can the airbag burn treatment methods that victims should undergo.  Most airbag burns are second-degree or “partial thickness,” meaning that they involve the outermost layer of skin (the epidermis) and the layer immediately below it (the dermis).  As such, they will generally demand medical attention at an emergency room or clinic, where the burn will be inspected, flushed, covered with antibacterial ointment, and dressed with sterile gauze or non-adhesive bandages.  If the skin has been ruptured, stitches may be needed as well.   

Before discharge, patients will be advised on the appropriate wound care regimen, the schedule according to which the dressings should be changed, ointments that should be applied, and the oral pain relievers and follow-up appointments that may be necessary.  Strict adherence to wound care instructions is crucial to minimizing the likelihood of permanent damage.  

While relatively rare, a third-degree airbag burn may require a skin graft, which is a surgical procedure in which healthy skin is removed from an unaffected area of the body and used to cover lost or damaged skin in an area affected by a burn.  Based on how visible the airbag burn is, cosmetic or “plastic” surgery may be recommended as well. 

How to Prevent Airbag Burns and Other Airbag-Related Injuries 

The benefits of airbags far outweigh their costs, so it is preferable to travel in motor vehicles that have functioning airbag systems installed.  That being said, there are a number of steps that you should take to prevent airbag burns and other airbag-related injuries, many of which have to do with maximizing your distance from the airbag when it deploys.  Specifically, you should: 

• Wear a seatbelt.  Airbags ultimately work best as a supplemental restraint system used in coordination with seatbelts, which are the chief means of keeping motorists firmly secured during auto accidents.  If you are not restrained prior to a crash, you could end up skidding in the direction of the airbag as it is opening in your direction, which could double the intensity of the impact and increase the extremity of your injuries, including the extremity of your airbag burns. 

• Make sure that your seatbelt is fastened correctly.  This means that the shoulder belt should be positioned over your shoulder, not behind your back or under your arm, while the lap belt should be fitted snugly over your hips, never over your stomach. 

• Position yourself ten or more inches away from the steering wheel when you are driving.  You can tilt the steering wheel down or recline your seat to achieve this margin if need be. 

• Drive with your hands on the sides of the steering wheel rather than on top of it, as poor hand placement could expose more of your body to the airbag.  

• Sit as far away from the dashboard as you can when you are a front seat passenger. 

• Keep a lookout for recalls and bulletin notices.  If there is a manufacturer-related concern with your airbag system, you will want to have it addressed before you sustain an injury that could have been avoided with a simple fix. 

Observing these guidelines could go a long way towards reducing the occurrence of airbag burns and injuries while further improving your overall chances of walking away from a motor vehicle accident in one piece. 

Who Can Be Pursued for Your Airbag Burns? 

Even if you follow every precaution, the sad truth is that you may still be subjected to airbag burns if you get into a car accident, and the consequences could be detrimental to your well-being.  Nonetheless, monetary damages may be available if you pursue a personal injury case against the ones responsible.  But who exactly would that be?  

The answer will depend upon the circumstances leading up to your airbag burns.  In most cases, you will be pursuing the individuals and entities who caused the car accident in which you were injured, a list that could be far more substantial than you might initially believe.  Possible airbag burn defendants could include (among others): 

• The driver who hit you 

• The owner of his or her vehicle (if separate from the driver) 

• Any company making commercial use of that vehicle (if separate from the owner) 

• The mechanic whose inadequate maintenance led to a breakdown-related crash in which your airbag deployed 

• The government agency whose failure to repair a road hazard contributed to the car accident in question 

• The contractors or subcontractors employed by the government agency to carry out work on that road 

Any of these parties could be culpable for the auto accident in which you sustained airbag burns or other injuries secondary to airbag deployment, and sometimes more than one party could be culpable at the same time. 

You might even qualify for damages for airbag burns from a single-vehicle car accident if you can demonstrate that those burns were the result of a defective airbag.  While a motorist could be burned by an airbag even when it is functioning exactly as it should be, various design or manufacturing flaws could make the burns more likely to happen or more disastrous when they do, usually when the airbag burns are precipitated by chemicals that should not have been released or particles that should not have been contained inside of the airbag.  In situations like these, you may be able to take civil action against the manufacturer, distributor, or retailer of the unsafe airbag or component part. 

Given how many defendants there might be for one airbag burn injury, it is critical that you identify and go after all of them within the time allotted by law, known as the Statute of Limitations.  Neglecting to file suit or otherwise resolve your claim before the Statute expires could forever bar you from full recovery, leaving you stuck handling the costs of your airbag burns entirely on your own. 

What a Skilled Car Accident Lawyer Can Do for You 

Given the stakes involved and the challenges that must be overcome in order to get justice, many injured plaintiffs choose to seek out legal assistance for their airbag burn injury cases.  But what can a skilled car accident attorney do for you? 

Once retained, your lawyer can launch a comprehensive investigation into the causes of your airbag burns and everyone who may be liable for them within the time permitted by law, acting swiftly to amass the evidentiary materials to support your claim, such as: 

• Police reports 

• Traffic citations and dispositions 

• Dash cam, streetlight, and surveillance footage 

• Black box data 

• Witness statements 

• Phone records 

• Driving histories 

• Vehicle inspection logs 

• Manufacturer documentation and internal communications 

• Accident reconstruction, forensic analysis, and scientific testimony 

Your attorney will then enter into negotiations with the insurance companies for the defendants, working tirelessly to reach a settlement that reflects the totality of your damages, including your: 

• Past, present, and future medical bills 

• Lost wages 

• Diminished earning capacity 

• Pain and suffering 

• Mental and emotional anguish 

• Reduced quality of living 

• Mobility restrictions 

• Loss of consortium 

• Punitive and wrongful death damages (if applicable) 

When confronted with a rock-solid case that comprehensively conveys both the extent of your losses and the depth of the insured’s liability, a reasonable insurance adjuster can be motivated to tender a fair settlement rather than risk a worse verdict at trial, which is why you are statistically likelier to get what you are owed with the help of a legal practitioner.  In fact, one study by the Insurance Research Council found that personal injury plaintiffs with lawyers obtain verdicts or settlements that are 3.5 times higher than the ones obtained by plaintiffs without lawyers, while another study found that 85 percent of the funds paid out by insurance companies go to claimants with professional representation.  

Though car accident cases are typically settled outside of the courtroom, a trial may be inevitable when you are squaring off against an obstinate adjuster who refuses to negotiate in good faith, at which point a seasoned litigator will become indispensable.  Research has shown that plaintiffs who represent themselves in court lose about 96 percent of their cases, while plaintiffs who are represented by attorneys win their cases more often than not, which could allow them to acquire the resources to become whole again. 

What Does It Cost to Hire a Lawyer for Airbag Burns? 

If you are concerned about spending more money when you can least afford it, you should know that most car accident attorneys work on a contingency basis.  This means that it should cost you nothing up front to hire a lawyer for your airbag burns, and he or she may even cover the preliminary fees associated with your case, such as ordering a police report or filing a lawsuit. 

Only after bringing the matter to a favorable conclusion will your attorney ask for reimbursement for out-of-pocket expenses and payment for services rendered, typically as a percentage of your final verdict or settlement – which will be much greater on average with that attorney in your corner.  It is a mutually beneficial arrangement that can enhance the viability of your case while sparing you added stress so you can focus on healing from your airbag burns. 

Standing Up for Hardworking Hoosiers 

If you are reeling from airbag burns or other injuries you have incurred through no fault of your own, get in touch with the dedicated Indiana car accident lawyers at Hensley Legal Group, who have been standing up for hardworking Hoosiers just like you for more than 25 years. 

You can schedule a free case review with an accomplished Indiana car accident attorney by calling or texting us at (317) 472-3333, chatting with us online, or filling out our contact form at your earliest convenience.