A car accident is always a tragic event, but when a defective safety feature—such as a seatbelt or airbag—plays a role in the death of a loved one, it can feel even more devastating. These safety systems are supposed to protect passengers, yet when they fail, the consequences can be life-altering. If your family has experienced the loss of a loved one due to a car crash in Miami, Florida, where a defective seatbelt or airbag may have contributed, you may be entitled to seek compensation for your loss.
At Dolan Dobrinsky Rosenblum Bluestein, LLP, we understand the deep pain caused by such a tragedy and are committed to helping victims’ families through the difficult process of a wrongful death claim. If you are dealing with the aftermath of a car crash that involved faulty safety features, this blog will help guide you on how to approach the legal process. It will also explain the role a wrongful death lawyer can play in securing justice and due compensation.
What Is Wrongful Death?
Wrongful death occurs when a person dies due to the negligence, carelessness, or intentional act of another party. In car crashes, this can involve various factors such as distracted driving, driving under the influence, and, in cases like the one we’re discussing, defective vehicle parts. Florida law allows surviving family members to file a wrongful death claim if they can prove that the defendant’s actions or products were directly responsible for their loved one’s death.
If the accident that resulted in your loved one’s death was due to a flaw in the airbag or seatbelt system, this may qualify as product liability. Product liability lawsuits hold manufacturers liable for the sale of defective products. To have a clearer picture of your choices in this kind of case, it’s important to consult with a Miami wrongful death attorney.
How Defective Seatbelts and Airbags Contribute to Wrongful Death
Below are some common ways that seatbelt and airbag systems can fail. Let’s start with seatbelts and then continue our discussion with airbag defects.
Seatbelt Defects
Seatbelt malfunctions are among the most common causes of injury and death in car crashes. A seatbelt that fails to properly restrain a passenger can result in severe injuries or even fatality. Some common defects include:
- Failure to Lock: In a collision, the seatbelt is supposed to lock in place and hold the passenger securely. If the seatbelt fails to lock, the passenger may be thrown forward or even ejected from the vehicle.
- Improper Buckling Mechanism: Sometimes, seatbelts do not latch or buckle properly, which can prevent the passenger from being secured in their seat during a crash.
- Defective Webbing: The fabric of the seatbelt must be strong enough to withstand the forces of a collision. In some cases, defective or subpar materials can lead to seatbelt failure during an accident.
Airbag Defects
Airbags are designed to inflate rapidly during a crash and cushion the impact for passengers. A malfunctioning airbag, however, can result in serious injuries or death. Some common airbag defects include:
- Failure to Deploy: In some cases, airbags fail to deploy at all when a crash occurs, leaving the passenger without the protection that is expected.
- Premature Deployment: An airbag that deploys too early or too forcefully can cause harm to a passenger, especially if the person is not properly seated or their seatbelt is not engaged.
- Defective Sensors or Wiring: Airbags rely on sensors to detect a crash and trigger deployment. A defect in the sensor or wiring can lead to a failure to deploy or cause an accident to be misread as non-severe.
How to Build a Strong Wrongful Death Case in Florida
If you believe that a defective seatbelt or airbag contributed to the death of your loved one, there are several important steps to take in order to build a strong wrongful death claim:
- Gather Evidence: The first and most important step is to gather evidence to support your claim. This includes: the accident report filed by law enforcement; footage of the crash scene and vehicle damage; medical records; the vehicle’s make, model, and year, as well as the specific seatbelt and airbag systems involved.
- Consult with an Experienced Wrongful Death Lawyer: A wrongful death lawyer will help you navigate the legal process. They will be able to examine the evidence and determine whether a defective seatbelt or airbag system was responsible for your loved one’s death.
- Understand the Statute of Limitations: In Florida, the statute of limitations for wrongful death claims is generally two years from the date of death. However, when dealing with a product liability claim, it’s essential to act quickly to preserve evidence and protect your rights.
- Work with Experts: In cases involving defective products, such as seatbelts or airbags, expert testimony is often needed to prove that a defect contributed to the accident and death. This can include engineers, vehicle safety experts, or accident reconstruction specialists.
Who Can File a Wrongful Death Claim in Florida?
Under Florida law, a wrongful death claim can be filed by surviving family members, such as:
- A spouse
- Children
- Parents (if no spouse or children exist)
- Any blood relatives or adoptive siblings who were financially dependent on the deceased
It’s important to note that Florida law has specific guidelines on who can bring a wrongful death lawsuit, and this is why it’s critical to consult with a Miami wrongful death attorney who can guide you through the process.
Importance of an Experienced Wrongful Death Lawyer
Filing a wrongful death claim in Florida can be complex, especially when dealing with defective products. An experienced wrongful death lawyer can help identify responsible parties and negotiate with insurance companies to seek compensation for medical bills, funeral costs, lost wages, and other damages.
At Dolan Dobrinsky Rosenblum Bluestein, LLP, we have the experience, resources, and determination to help your family get the justice you deserve. For a free consultation, call us at 305-371-2692 or visit our contact page.