Cesar Cobo | February 19, 2026 | Car Accidents
After a car accident in Georgia, you expect your vehicle’s safety features to protect you. When airbags fail to deploy, the results can be devastating—turning what might have been minor injuries into life-altering trauma. You may be wondering whether you have legal recourse, and the answer isn’t always straightforward.
Airbags don’t deploy in every collision, but when they fail to activate during a moderate or severe crash, you may have grounds for a product liability claim. Our Georgia car accident lawyers can review your case to determine whether airbag failure contributed to your injuries.
Are Airbags Supposed to Deploy in Every Crash?
No—and this is one of the most misunderstood aspects of automotive safety systems.
Airbags are designed to deploy during moderate-to-severe frontal or side collisions where the impact force reaches specific thresholds. According to the National Highway Traffic Safety Administration (NHTSA), frontal airbags typically deploy in crashes equivalent to striking a solid barrier at 8-14 mph or higher.
How airbag deployment systems work:
The system relies on crash sensors positioned throughout your vehicle that continuously monitor acceleration and deceleration forces. When sensors detect a sudden change in velocity consistent with a collision, they send signals to the airbag control module. This computer analyzes the data within milliseconds, determining whether deployment is necessary based on:
- Impact severity: The force of the collision must exceed programmed thresholds
- Impact angle: Frontal airbags deploy for front and near-front impacts, not side-swipes or rear-end collisions
- Crash duration: The system distinguishes between striking a solid object versus a glancing impact
- Vehicle speed: Some systems factor in pre-crash velocity data
- Occupant position: Advanced systems may prevent deployment if sensors detect an out-of-position occupant
When Airbags Are NOT Expected to Deploy
Your airbags likely won’t deploy during:
Minor fender-benders: Low-speed collisions under 8 mph typically don’t generate sufficient force to warrant deployment. The airbag system recognizes these as survivable impacts without supplemental restraint.
Rear-end collisions: Frontal airbags are not designed for rear impacts. Your seat and headrest provide protection by preventing your head from whipping backward.
Side-swipe accidents: If another vehicle scrapes along your car’s side without significant perpendicular force, side-curtain airbags may not deploy.
Rollover incidents (older vehicles): While newer vehicles include rollover sensors, older models may lack this technology, and airbags may not deploy.
| Collision Type | Typical Frontal Airbag Response | Side Airbag Response |
|---|---|---|
| Frontal impact (15+ mph) | ✓ Deploys | May deploy depending on force |
| Rear-end collision | ✗ Does not deploy | ✗ Does not deploy |
| Side impact (perpendicular) | ✗ Does not deploy | ✓ Deploys |
| Low-speed fender-bender | ✗ Does not deploy | ✗ Does not deploy |
| Rollover | Varies by vehicle year | ✓ Curtain airbags deploy (if equipped) |
Understanding these distinctions is important because non-deployment doesn’t automatically indicate a defect.
When Airbag Failure May Indicate a Defect
You may have grounds for a defective airbag claim if:
✓ A moderate or severe collision occurred: The impact was forceful enough that deployment should have happened based on industry standards and your vehicle’s specifications.
✓ Your vehicle sustained significant damage: Front-end damage, crushed zones, or structural deformation typically indicate sufficient force to trigger airbags.
✓ You suffered preventable injuries: Head trauma, facial injuries, chest injuries, or broken ribs—injuries that airbags are specifically designed to prevent or minimize.
✓ No mechanical explanation exists: Post-accident inspection reveals the airbag system had power, wasn’t manually disabled, and sensors were functioning.
✓ Your vehicle was subject to recall: Your make and model appears on NHTSA’s recall database for airbag defects, but you weren’t notified or repairs weren’t completed.
Common Types of Airbag Defects
When investigating airbag failure, attorneys and expert witnesses look for several categories of defects:
- Manufacturing defects: Errors during production create airbag systems that differ from design specifications. Examples include improperly installed wiring, contaminated propellant, or incorrectly assembled sensor components. Even when the design is sound, production mistakes can render individual airbags inoperable.
- Design defects: Flaws in the airbag system’s engineering affect entire product lines. The system may have inadequate sensors, faulty algorithms that miscalculate deployment necessity, or components prone to premature degradation. Design defects are particularly serious because they affect thousands or millions of vehicles.
- Faulty sensors: Accelerometers and crash sensors that fail to detect impacts or send erroneous signals to the control module. Sensors can malfunction due to corrosion, manufacturing defects, or design flaws that make them susceptible to environmental conditions common in Georgia’s humid climate.
- Electrical failures: Wiring harness problems, blown fuses, corroded connections, or control module malfunctions that prevent deployment signals from reaching the airbag inflator. Some vehicles experience electrical issues after minor previous accidents that went unrepaired.
- Propellant degradation: The chemical compounds that rapidly inflate airbags can deteriorate over time, particularly in hot, humid climates. Degraded propellant may fail to generate sufficient gas or, in some cases, explode with excessive force.
The Takata Airbag Recall Crisis
The largest automotive recall in U.S. history involved Takata Corporation’s defective airbag inflators, which affected an estimated 67 million airbags in 42 million vehicles. The propellant in these airbags could degrade over time, causing inflators to explode with excessive force and spray metal fragments into the passenger compartment.
According to NHTSA’s Takata recall information, these defective airbags caused at least 28 deaths in the United States and hundreds of injuries. If your vehicle is on the recall list and you were injured in a crash, you may have claims against both the vehicle manufacturer and Takata.
⚠️ Check your vehicle: Visit NHTSA’s recall lookup tool and enter your VIN to determine whether your vehicle has open recalls.
Who Can Be Held Liable in Georgia?
Multiple parties may bear responsibility for airbag failure depending on where the defect originated.
The Vehicle Manufacturer
Automakers can be held liable under Georgia product liability law even if they didn’t manufacture the airbag components. Vehicle manufacturers may be liable for:
- Selecting inadequate airbag suppliers
- Failing to conduct sufficient safety testing
- Ignoring known defects in supplier components
- Inadequate quality control during vehicle assembly
- Failing to issue timely recalls when defects are discovered
Airbag Component Manufacturer
Suppliers like Takata, Autoliv, and ZF Friedrichshafen can be held directly liable when defects originate in their components, including:
- Design flaws in sensors, inflators, or control modules
- Manufacturing defects during production
- Inadequate testing protocols
- Using substandard materials
- Failing to warn automakers about known issues
Car Dealership (If Recall Ignored)
Dealerships may share liability if they:
- Sold a vehicle with an open safety recall without disclosure
- Failed to complete recall repairs despite customer requests
- Provided inadequate or improper recall repairs
- Delayed recall repairs without justification
Another Driver (Separate Negligence Claim)
You may have two simultaneous claims from the same accident:
- A negligence claim against the at-fault driver who caused the collision
- A product liability claim against the airbag manufacturer/vehicle manufacturer for injuries that should have been prevented
These are separate legal theories with different defendants. For example, if another driver runs a red light and causes a collision (negligence), but your injuries are worsened because defective airbags didn’t deploy (product liability), you can pursue compensation from both parties.
Georgia Product Liability Law Explained
Georgia follows a strict liability standard for product defect cases under O.C.G.A. § 51-1-11. This legal framework provides important protections for consumers injured by defective products.
What Strict Liability Means for Your Case
Unlike negligence claims where you must prove the defendant was careless, strict liability requires proving:
- The product was defective when it left the manufacturer’s control
- The defect caused your injuries
- You were using the product as intended (or in a reasonably foreseeable manner)
You don’t need to prove the manufacturer was negligent or knew about the defect—only that the defect existed and caused harm.
According to Georgia law, product liability claims can be based on:
- Manufacturing defects: The product differs from others in the same line due to production errors
- Design defects: The product’s design is inherently dangerous or unreasonably unsafe
- Failure to warn: The manufacturer didn’t provide adequate warnings about known risks
Important Time Limits for Filing
Georgia law imposes strict deadlines for filing product liability claims. Under O.C.G.A. § 51-1-11(b)(2), you generally have a ten-year statute of repose from the date of the first sale of the vehicle. However, you also must comply with the two-year statute of limitations under O.C.G.A. § 9-3-33 for personal injury claims.
This means:
- You typically have two years from the date of your injury (the accident date) to file your lawsuit
- The claim cannot be brought more than ten years after the vehicle was first sold as new
The clock for the two-year limitation typically starts running on:
- The date of the accident for immediate injuries
- The date you discovered (or reasonably should have discovered) that a defect caused your injuries for delayed-manifestation injuries
⏰ Time is critical: Evidence degrades, witnesses’ memories fade, and vehicles get repaired or destroyed. If you suspect airbag failure contributed to your injuries, consult with our attorneys immediately to preserve your legal rights.
Georgia’s Modified Comparative Negligence Rule
Georgia follows a “50% bar rule” under O.C.G.A. § 51-12-33. If you’re 50% or more at fault for causing the accident, you cannot recover damages—even if a product defect worsened your injuries.
However, if you’re less than 50% at fault, you can still recover damages reduced by your percentage of fault.
For example:
Hypothetical scenario: You’re injured in a crash where you were 20% at fault for following too closely, but defective airbags that should have deployed caused 75% of your injuries. The jury awards $500,000.
Calculation: Your recovery would be reduced by 20% = $400,000
This rule creates an additional layer of complexity in cases involving both driver negligence and product defects. Our experienced trial attorneys understand how to navigate these intersecting claims to maximize your recovery.
What Compensation Could Be Available?
When defective airbags fail and worsen your injuries, Georgia law allows you to pursue both economic and non-economic damages:
💰 Medical expenses: Emergency treatment, hospitalization, surgery, medication, physical therapy, and future medical care related to injuries that properly functioning airbags should have prevented.
💰 Lost wages: Income lost during recovery, including reduced earning capacity if injuries prevent returning to your previous work.
💰 Pain and suffering: Physical pain, emotional distress, anxiety, depression, and reduced quality of life resulting from preventable injuries.
💰 Permanent disability: Compensation for lasting impairments, scarring, disfigurement, or chronic conditions caused by the airbag failure.
💰 Punitive damages: In cases involving egregious conduct—such as manufacturers who knowingly concealed defects—Georgia courts may award punitive damages under O.C.G.A. § 51-12-5.1.
Every case is unique, and actual damages depend on the specific facts, injuries, and defendant conduct. Our attorneys work with medical experts, economists, and vocational specialists to document the full extent of your damages.
What Should You Do If Your Airbags Didn’t Deploy?
Taking the right steps immediately after discovering airbag failure can significantly strengthen your potential claim:
1. Seek immediate medical care: Document all injuries, even those that seem minor. Inform medical providers that your airbags failed to deploy—this creates a medical record connecting your injuries to the defect.
2. Preserve the vehicle: Do NOT repair or dispose of your vehicle until an attorney and expert can inspect it. The vehicle is critical evidence. If possible:
- Take photographs of all damage from multiple angles
- Photograph the undeployed airbags
- Document the odometer reading
- Keep the vehicle in a secure location
3. Do not dispose of the airbag module: Even if the vehicle is totaled, request that insurance preserve the airbag control module and related components for expert analysis.
4. Obtain the vehicle’s recall history: Check NHTSA’s database and contact the manufacturer to obtain complete recall records for your specific VIN. Request documentation of any recall repairs performed.
5. Document the accident scene: If you haven’t already, gather:
- Police accident report
- Photographs of the collision scene
- Witness contact information
- Weather and road conditions
6. Contact a Georgia product liability attorney: Time is critical for evidence preservation and meeting legal deadlines. Our team can begin investigating immediately while you focus on recovery.
⚠️ Insurance company warning: Adjusters may pressure you to settle quickly or total your vehicle before inspection. Politely decline to settle and consult with our firm before agreeing to anything.
How Our Georgia Car Accident Lawyers Can Help
At Hawk Law Group, we’ve represented injury victims throughout the Central Savannah River Area with over 71 years combined experience. Our trial attorneys have the resources to take on major automotive manufacturers.
Our Comprehensive Approach to Airbag Failure Cases
Immediate evidence preservation: We work quickly to secure your vehicle, obtain the airbag control module, and prevent spoliation of critical evidence.
Expert witness network: We collaborate with automotive engineers, accident reconstructionists, and product safety experts who can analyze your vehicle’s airbag system, determine why it failed, and testify about how properly functioning airbags would have reduced your injuries.
Thorough investigation: Our team examines vehicle service records, recall history, NHTSA complaint database, technical service bulletins, engineering specifications, and industry standards for airbag deployment.
Multi-defendant litigation: We identify all potentially liable parties and pursue maximum compensation. Our trial experience means manufacturers know we won’t accept lowball settlements.
No upfront costs: We handle product liability cases on a contingency fee basis. You pay nothing unless we recover compensation for you.
Local Representation Throughout the CSRA
Our firm maintains fully-staffed offices in Augusta, Evans, Thomson, Waynesboro, and Aiken, providing convenient access to experienced legal representation throughout the region.
If you were injured in a car accident in the Augusta area and your airbags failed to deploy, contact our Augusta car accident lawyer team for a detailed case evaluation. We serve clients throughout Richmond County and surrounding Georgia communities.
For South Carolina residents injured in Aiken County accidents involving airbag failure, our Aiken car accident attorney team is ready to help. We’re familiar with both Georgia and South Carolina product liability law and can handle cases in either jurisdiction.
Schedule your free consultation by calling (706) 539-5191—we’re available 24/7 to take your call.
Speak With a Georgia Attorney About Your Airbag Failure Case
When airbags fail and you suffer preventable injuries, you face not just physical recovery but mounting medical bills, lost income, and an uncertain future. Meanwhile, automotive manufacturers have teams working to minimize their liability.
You need experienced trial attorneys who understand product liability law and aren’t intimidated by major corporations. At Hawk Law Group, we’ve recovered hundreds of millions of dollars for injury victims throughout Georgia and South Carolina.
Time-sensitive considerations:
⏰ Evidence preservation: Vehicles get repaired, totaled, or crushed. Critical evidence disappears quickly.
⏰ Legal deadlines: Georgia’s two-year statute of limitations and ten-year statute of repose are strictly enforced.
⏰ Manufacturer defense: Companies begin building their defense immediately—you should too.
Don’t let defective airbags rob you of the compensation you deserve. Contact our lawyers today for a free consultation. Call (706) 707-2950 or reach out online—we’re available 24/7/365 to discuss your case.
We serve injury victims throughout Augusta, Evans, Thomson, Waynesboro, Aiken, and the entire Central Savannah River Area. Your initial consultation is always free, and we work on a contingency fee basis—you pay nothing unless we win.
Frequently Asked Questions
Can I sue if my airbags didn’t deploy?
Yes, if your airbags failed during a moderate or severe crash where deployment should have occurred, you may have grounds for a product liability lawsuit. The key is demonstrating that the airbags were defective and their failure caused or worsened your injuries. Our Georgia product liability lawyers can evaluate your case during a free consultation.
How do I prove airbag failure?
Proving airbag failure requires expert testimony from automotive engineers and accident reconstructionists who analyze your vehicle’s system, crash data, and collision dynamics. Experts examine the control module’s event data recorder, test sensors and electrical components, and compare crash severity against deployment thresholds. This is why preserving your vehicle immediately is critical—physical evidence is essential for expert analysis.
What if my car was recalled?
If your vehicle was subject to an airbag recall but you weren’t notified or repairs weren’t completed, this significantly strengthens your product liability claim. Manufacturers have a legal duty to identify defects, issue timely recalls, and notify vehicle owners. Failure to do so can support claims for compensatory and punitive damages. Bring all recall notices and repair records to your initial consultation.
How long do I have to file a claim in Georgia?
Georgia has two important time limits for product liability claims. First, you have two years from the date of injury under O.C.G.A. § 9-3-33 to file your personal injury lawsuit. Second, there’s a ten-year statute of repose under O.C.G.A. § 51-1-11(b)(2), meaning claims generally cannot be brought more than ten years after the vehicle was first sold as new. Missing either deadline means losing your right to pursue compensation, regardless of how strong your case may be. Given the time needed to inspect vehicles, retain experts, and build a comprehensive case, contact our attorneys as soon as possible after discovering that airbag failure contributed to your injuries.