Injured motorist sought damages for failure of airbag to deploy

This is a claim for economic and noneconomic damages for injuries that the plaintiff sustained when the airbag in her vehicle failed to deploy during a crash. The plaintiff is in her early 50’s. Before the accident, she collected social security disability benefits and worked 15 hours per week at a flower shop.

The plaintiff was driving approximately 60 MPH on an undivided highway with a posted speed limit of 35 MPH. She swerved into oncoming traffic and struck another vehicle head-on at a high rate of speed. The driver-side front airbag of her vehicle failed to deploy.

The plaintiff suffered several broken bones and a closed-head brain injury in the accident. The airbags of the other vehicle deployed and the driver of that vehicle was not seriously injured. Other incidents of airbag failure in head-on collisions had occurred involving the same make and model that the plaintiff was driving. The Plaintiff alleged that her airbag failed to deploy because of a design flaw in the crash-detection system.

The case settled for $917,000.00 without the need to file a lawsuit. The plaintiff also received full first-party benefits from her no-fault insurer, which covered her medical expenses and lost wages.

Laurence H. Margolis, counsel for plaintiff, provided case information.