Injured by a defective airbag in Bakersfield, CA? Contact the top Bakersfield airbag injury lawyer to seek justice and compensation.
An airbag is built to protect you in the instant between a crash and the steering column, but when an inflator ruptures, deploys with excessive force, or fails to fire at all, that same device becomes the source of severe burns, shrapnel wounds, or facial fractures. A nationwide recall of 67 million defective inflators followed years of ruptures that killed 28 drivers and injured hundreds more, and many vehicles across Kern County are still on the road carrying an inflator that was never replaced. While you deal with pain, medical bills, and a totaled vehicle, insurance companies and manufacturers move quickly to scrap the evidence and close your claim before the full picture emerges.
At Kuzyk Personal Injury & Car Accident Lawyers, our Bakersfield airbag injury lawyers treat a defective airbag case as the product liability claim it is, not a routine car accident file. Different defendants, different insurance coverage, and a different legal strategy come into play from the first phone call, and we move immediately to preserve your vehicle, its Airbag Control Module data, and the physical evidence before an insurer can make it disappear. With decades of experience representing injury victims throughout Bakersfield and Kern County, we hold automakers, parts manufacturers, dealerships, and repair shops accountable for the harm a defective airbag causes.
Get a free consultation today and discover how our airbag injury attorneys in Bakersfield can help you seek the compensation and justice you deserve.
Do You Have an Airbag Injury Case?
Airbags have one job: protect you at the exact moment of impact. When they fail that job, or cause harm instead of preventing it, the legal responsibility shifts to the manufacturer, not you.
You likely have a claim if the airbag:
- Failed to deploy in a significant collision
- Deployed in a low-speed impact that did not call for it
- Fired without any crash at all
- Ruptured and sent metal shrapnel into the cabin
- Caused chemical or thermal burns to your face or hands
- Resulted in eye damage, fractured facial bones, or permanent scarring
Who Is Liable for a Defective Airbag?
Airbag cases rarely stop at one defendant. Multiple parties across the design, manufacturing, and distribution chain can share responsibility, each carrying separate insurance, which expands the total coverage available to compensate you.
- The At-Fault Driver: Their auto policy covers the collision-related portion of your injuries.
- The Automaker: Car companies are responsible for vehicle safety design and for warning consumers about known defects.
- The Parts Manufacturer: The company that builds the inflator, the mechanism inside the airbag that triggers deployment, faces direct liability when it fails.
- The Dealership: A dealer who sold a vehicle without completing a required recall repair shares liability for resulting injuries.
- The Repair Shop: A mechanic who improperly reinstalled an airbag module can be held accountable if it fails as a result.
Does California Strict Liability Apply If You Are Partly at Fault?
Strict product liability means you do not have to prove the manufacturer was negligent or careless. You only need to show the product was defective and that the defect caused your injury. California law places that burden on the companies that designed, built, and distributed it.
California also follows pure comparative fault. Your recovery is reduced by your share of blame for the collision, but you can still collect damages even if you were mostly at fault for the crash. The collision may have been your fault. The airbag’s failure was not.
One pattern we consistently see in Bakersfield airbag claims is an insurer trying to use a partial-fault argument to distract from a defective product claim entirely. Clients treated at Bakersfield Memorial Hospital after a low-speed collision are often told by an adjuster that their own driving caused the crash, when the real dispute is why the airbag deployed with enough force to cause the injuries on their chart. California’s comparative fault rule allows an adjuster to reduce a payout for shared fault in the collision, but it does not excuse a manufacturer whose defective inflator caused separate, additional harm. We keep those two questions, fault for the crash and fault for the airbag failure, on separate tracks from the start.
โInsurance companies put their most experienced adjusters on the cases of people who arenโt represented by attorneys โ because theyโre slick, theyโre likable, theyโre conversational.โ โ Mark Anderson
Preserve Your Vehicle Before It Is Scrapped
The Airbag Control Module, the vehicle’s onboard computer that records crash data and controls deployment timing, along with the physical inflator canister, is the foundation of your case. Once the insurer totals your car and sends it to a salvage auction, that evidence is typically gone within weeks.
Here is what to do immediately:
- Call the tow yard. Tell them the vehicle is part of an ongoing legal matter and cannot be moved or sold.
- Notify your insurer in writing. A text or email to your adjuster stating the car contains evidence is enough to put them on formal notice.
- Do not sign repair authorizations or return the airbag module. Allowing a dealer to swap the defective part eliminates your most critical physical evidence.
- Photograph the entire interior. Capture the deployed or undeployed airbag, burn marks, visible shrapnel, the steering wheel, and the VIN plate.
- See a doctor the same day. Every gap between your accident and your first medical visit becomes a tool the insurer uses to challenge how serious your injuries are.
The same day you call us, we send a formal spoliation letter, a legal notice that obligates the insurer to preserve the vehicle. We then dispatch an inspector to download the Airbag Control Module data before it can be erased.
Vehicle still at the tow yard? Call (661) 945-6969 now. We’ll place a hold today.
A tactic we see repeatedly from adjusters handling airbag claims in Kern County is pushing for a fast total-loss payout before the vehicle can be inspected. Clients discharged from Mercy Hospital Bakersfield or Adventist Health Bakersfield with burns or shrapnel wounds are often contacted about the vehicle within days, well before they are in any condition to think about tow yards or spoliation letters. Once the car reaches a salvage auction, the Airbag Control Module and the inflator itself are typically gone for good. A same-day preservation letter is usually the only thing standing between a client and a case with no physical evidence left to examine.
How to Check for an Airbag Recall
Enter your 17-digit Vehicle Identification Number (VIN) at nhtsa.gov/recalls to see if your vehicle has an open safety campaign. Airbag inflator systems across dozens of makes and models have been subject to major recalls for mechanisms capable of rupturing during deployment.
A recall is not required to build a strong case, though. California strict liability independently covers design defects, manufacturing flaws, and failure-to-warn claims. We trace both the federal recall history and the underlying product defect on every file we handle.
What Injuries from a Defective Airbag Drive Case Value?
A defective airbag often causes more severe injuries than the crash itself, because the safety device designed to protect you either failed entirely or struck you with far too much force. The type of failure shapes the injury pattern, and the injury pattern drives what your case is worth.
| Failure Mode | Typical Injury |
| Ruptured inflator | Shrapnel wounds to the face, neck, and chest, with risk of permanent disfigurement |
| Over-inflation or harsh deployment | Traumatic brain injury, facial fractures, vision loss |
| Chemical or thermal burns | Second- and third-degree burns from propellant gases released on deployment |
| Non-deployment | Head trauma, spinal cord damage, and internal organ injuries the airbag was designed to prevent |
| Late deployment | Cervical spine injuries, broken wrists and forearms from striking the bag mid-motion |
In our experience representing Bakersfield clients with airbag-related injuries, we regularly see patients treated at Kern Medical Center for facial fractures and corneal abrasions that were not apparent on the day of the crash. The swelling from an over-inflated airbag often masks the underlying fracture for several days, and emergency room discharge notes rarely capture the eventual severity of the injury. Insurance adjusters then point to that discharge paperwork to argue the injury was minor or unrelated to the airbag deployment. We routinely request the follow-up imaging and specialist referrals that fill in what the initial ER visit missed.
What Is Your Airbag Case Worth and What Do You Keep?
Your claim can recover all past and future medical expenses, lost income, reduced earning capacity, pain and suffering, and compensation for permanent disfigurement. In cases where a manufacturer knew about a defect and concealed it, we also pursue punitive damages, an additional award the court uses to punish deliberate corporate misconduct.
A large gross settlement means very little if it quietly drains away before you see a dollar. Medical providers, health insurers, and third-party lenders all file payment demands against your settlement at the close of a case. We audit and negotiate every one of those balances so more of your recovery stays with you, not them.
Winning matters. What you keep matters more.
โInsurance companies want to hold onto their money as long as they can, and as much of it as they can.โ โ Mark Anderson
What Deadlines Apply to Airbag Claims in California?
California Code of Civil Procedure ยง335.1 gives you two years from the date of injury to file a personal injury lawsuit. If a government vehicle, such as a city bus or a county fleet truck, was involved, you have only six months to file a formal administrative notice.
The practical deadline arrives well before either of those dates. Your car can be scrapped before the legal clock reaches its midpoint, and evidence lost in weeks cannot be recovered in years. Do not wait.
What Kuzyk Does in the First 14 Days
We begin working the day you call, not after a waiting period, not after paperwork clears. Our front-loaded preparation sends a clear signal to insurers and manufacturers that this case is ready for court if they do not respond fairly.
In the first two weeks, we:
- Serve formal preservation letters on the insurer, tow yard, and any facility holding your vehicle
- Schedule a vehicle inspection with a forensic airbag and engineering expert
- Secure the Airbag Control Module data before it can be overwritten
- Run a complete VIN history and federal recall trace
- Collect your medical records, accident report, and initial billing
- Put every potentially liable party on written notice of your claim
Why the First Offer Is Rarely the Real Number
Insurers and manufacturers open low to find out whether your attorney will actually take them to court. The answer they need to see is preparation. When a file signals trial-readiness from the very first demand, their numbers change.
A low initial offer was rejected, and we filed suit and later secured a much larger settlement. In another matter, an initial offer was rejected, and we demanded arbitration and secured a favorable resolution.
We have secured significant recoveries for many clients over the years, not by settling fast, but by preparing thoroughly. Many of our new clients come through referrals from past clients, physicians, and fellow attorneys. Results earn trust. Billboards do not.
See what your case is actually worth. Call (661) 945-6969 for a free review.
โOne of the worst things somebody not represented by an attorney can do is give a statement to the insurance company. They’re professionals at asking questions in order to trap you and make your case look bad.โ โ Mark Anderson
Free Case Review in Bakersfield 24/7
Our Bakersfield office serves injury victims throughout Kern County, including communities along Highway 99 and Interstate 5. Your consultation is free, there is no obligation to hire us, and all cases are handled on a contingency fee. You pay nothing unless we recover money for you.
We also serve Spanish-speaking families throughout Kern County. Hablamos espaรฑol. Llame al (661) 945-6969 o visite espanol.kuzyklaw.com.
Call (661) 945-6969 or contact us online for a free consultation and discover how our airbag injury attorneys can help with your case.
Airbag Injury FAQ
Can I Sue If the Airbag Deployed but Still Injured Me?
Yes. An airbag that deploys with excessive force, ruptures its inflator, or releases hot propellant gases is still a defective product, and the burns, shrapnel wounds, or hearing damage it causes are fully compensable injuries.
What If My VIN Shows No Active Airbag Recall?
You still have a case. California strict liability covers design and manufacturing defects regardless of whether a federal recall was ever issued, and we build those claims independently of recall status.
Should I Let the Insurer Total My Car Before an Inspection?
No, call us first. Once the car enters the salvage process, the airbag module and its recorded crash data are almost always permanently destroyed.
Who Covers My Medical Bills While My Airbag Case Is Pending?
Your health insurance, MedPay coverage, or treatment arranged on a medical lien can carry you through, and we negotiate all outstanding balances at settlement to protect as much of your recovery as possible.
Can I File an Airbag Defect Claim If the Crash Was Partly My Fault?
Yes. Under California’s comparative fault rule, the manufacturer remains liable for the harm their defective product caused, regardless of your share of fault for the underlying collision.
What Does Hiring Kuzyk Cost Out of Pocket?
Nothing. We advance all case costs and collect a fee only if we recover money for you, never upfront and never out of your own pocket.
