Legally Reviewed by William Pemberton on September 22, 2026
Airbags are designed to save lives, but discovering yours didn’t deploy in a crash can leave you with serious injuries and even more serious questions. If you were hurt in a collision and your airbag failed to activate, you may have grounds for a legal claim against the vehicle manufacturer, a parts supplier, or even another driver.
At Pemberton Personal Injury Law Firm, we understand how disorienting this situation can be. Our Wisconsin car accident lawyers bring decades of combined experience helping injury victims navigate complex claims, including those involving defective safety systems. We are committed to fighting for the compensation you deserve, and we don’t get paid unless you do.
Why Airbags Sometimes Don’t Deploy
Airbags are engineered to deploy only under specific conditions, which means a non-deployment isn’t always a malfunction. That said, understanding the difference between an intentional non-deployment and a defective one is critical for your case.
When Non-Deployment Is Expected
Airbag systems use sensors that measure the speed, angle, and severity of a collision. According to the National Highway Traffic Safety Administration, airbags are typically designed to deploy in moderate to severe frontal crashes, but not in all crashes. A low-speed rear-end collision or a side impact where a side curtain airbag doesn’t exist in your vehicle may not trigger deployment, even if you were injured. In these situations, non-deployment may be functioning exactly as the manufacturer intended.
When Non-Deployment May Be a Defect
There are circumstances where an airbag should have deployed but didn’t. Faulty sensors, defective wiring, problems with the airbag control module, and manufacturing errors can all prevent a bag from activating in crashes where deployment was warranted. If you suffered significant injuries in an impact that should have triggered your airbag, a defective product claim against the manufacturer may be appropriate. Our Wisconsin product liability lawyers are experienced in handling cases like this.
The Injuries You May Have Suffered
When an airbag fails to deploy in a serious crash, the human body absorbs forces it was never meant to take. Without the cushioning effect of an airbag, occupants are far more likely to make direct contact with the steering wheel, dashboard, or windshield.
Traumatic brain injuries are among the most serious consequences of airbag non-deployment. A direct blow to the head can result in concussions, skull fractures, or more severe brain damage with long-lasting effects. Our Wisconsin brain injury lawyers work closely with medical experts to document these injuries and demonstrate their full impact on your life. Beyond head injuries, victims commonly suffer broken bones, facial lacerations, chest trauma, and spinal damage, all of which can require extensive medical care and long recovery periods.
Who May Be Liable for Your Injuries?
Determining liability in a failed airbag case involves looking at multiple parties. The vehicle manufacturer, the airbag manufacturer, and any third-party repair shops that may have serviced the vehicle’s restraint system may all bear responsibility.
If the vehicle was properly maintained and the airbag still failed, this points strongly toward a product defect. However, if a recent repair or replacement involved the airbag system, a negligent repair could shift liability to a service provider. Additionally, if another driver caused the accident, their liability for your injuries remains separate from any product defect claim. These cases often involve overlapping claims, which is why having an experienced legal team in your corner matters so much. The Pemberton Promise reflects our commitment to standing by every client with honesty, dedication, and relentless advocacy from start to finish.
Why would an airbag not deploy in a car accident?
Airbags are engineered to deploy only under specific conditions, such as moderate to severe frontal crashes. In low-speed collisions or certain side impacts, non-deployment may be intentional and functioning as designed. However, faulty sensors, defective wiring, problems with the airbag control module, and manufacturing errors can also prevent deployment in crashes where activation was warranted.
Who can be held liable if my airbag failed to deploy?
Liability in a failed airbag case can extend to multiple parties. The vehicle manufacturer, the airbag manufacturer, and any third-party repair shops that serviced the vehicle’s restraint system may all bear responsibility. If another driver caused the crash, their liability for your injuries exists separately from any product defect claim against the manufacturer.
How long do I have to file a defective airbag claim in Wisconsin?
Wisconsin generally allows three years from the date of injury to file a personal injury lawsuit, which includes claims arising from defective airbags. Product liability claims may have different considerations depending on the circumstances, so consulting with an attorney promptly helps ensure your rights are fully protected within the applicable timeframe.
What evidence is needed to prove a defective airbag claim?
Building a defective airbag case typically requires the vehicle’s event data recorder information, expert analysis of the airbag system, maintenance records, crash reconstruction data, and medical documentation of your injuries. An attorney experienced in product liability cases will work with engineers and other experts to gather and analyze this evidence on your behalf.
Contact Pemberton Personal Injury Law Firm
A failed airbag can turn a survivable crash into a life-altering event, and you shouldn’t have to face the legal aftermath alone. Whether your case involves a product defect, driver negligence, or both, our team is prepared to investigate every angle and pursue full compensation for your medical expenses, lost wages, pain and suffering, and future care needs.
Pemberton Personal Injury Law Firm serves clients across Wisconsin, including Madison, Eau Claire, Baraboo, Fitchburg, and Sun Prairie. Our attorneys work on a contingency fee basis, meaning you pay nothing out of pocket unless we recover for you. If your airbag failed and you were injured, contact our Wisconsin car accident lawyers today to schedule a free case evaluation.
ABOUT THE ATTORNEY
William Pemberton
Personal Injury Attorney, Pemberton Personal Injury Law Firm
William Pemberton is the founding attorney of Pemberton Personal Injury Law Firm, representing injured Wisconsinites across Madison, Eau Claire, Baraboo, Fitchburg, and Sun Prairie. He handles car accidents, motorcycle accidents, dog bites, brain injuries, and wrongful death cases on a contingency fee basis.
