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Looking for advise. I got into t- bone accident. Got in fault and did not let other car pass and hit car coming 40mph straight with driving 15-20mph cross. However my car got badly affected with accident and air bag didn’t deployed. Car that I was driving purchased seven month ago(Toyota Camry 22 XSE) . Car bumper came off, frame got bent and hood bent and passenger side fender bent as well. Hit head to steering wheel but air bag didn’t deployed. I and my passenger (father ) currently in process of evaluating pain(minor) with chiropractor. May I know what can can be done in such case? Is is better to go after car manufacturer and what consequences will be facing ? Car Damage Car Damage Frame Car Damage Car Damage Car Damage
So, your not at fault?Airbag deployment MPH varies with car maker and type of impact as in a tree, wall, side impact, head on, etc. Say 9 to 17 MPH if head on but depends on type of impact. The car may have a data logger (EDR) which records MPH, braking action, airbag deployment or not, etc thus if needed this data can be downloaded.
If me my first stop would be my insurance company as they deal with this every day. They might tell you the airbag not deploying is SOP and here is why or your wasting your time going after the car maker.
The EDR should tell all as in if the bag should have deployed.
I would get all facts I could before even considering suing the car maker. Maybe the airbag system worked as designed, who knows. Here consulting a good lawyer first who would be willing to take the case on consignment and as such had confidence they could prevail.
From a settlement standpoint might settle the property damage first and keep the medical open until the extent of injuries is known. People have felt normal after an accident then over time had issues related to the accident, thus don't settle on the medical too quick.
The point is find someone who deals with accidents every day. Even 15 minutes with a competent insurance adjuster or accident lawyer can be an eye opener.
I don't have an insurance to cover this cost. Also, they won't be able to provide adjuster to find out weather or not Air bag go off or not. There is only way I get to know why this happen is by going through attorney to see if toyota can take action and evaluate this vehicle. I don't think so I can go directly to toyota to get al those answer. So far I have shown this to all collison people, according to them it should go off as frame got bent and impact for from other moving object not just speed I had. It came as my fault though.
If you are going to go after Toyota get one of those free consults from an accident lawyer. There are attorneys that specialize in cases where the airbag was suspected of not deploying as it should. A lawyer may be able to compel Toyota to provide info as to when the airbag will deploy. The legal costs to do all this may start to add up so try to find a lawyer that will work on a contingency basis fee as in taking a percentage of any monies received..
The owner of the car owns the EDR unit and the data stored. The owner can access the data. There are third party tools which can download the data. One does not need Toyota to do this. Someone can download the data other then Toyota but don't know the cost to do so.
Can we assume the car was totaled? If your serious about pursuing this secure the car as you will need the EDR unit plus airbag computer, sensors, etc for examination.
Should it be a better option going to have checked through toyota engineer by making complain? Or I should go with Attorney first and go with what they do?
I've scheduled Toyota to inspect the car and and signed EDR consent form. What should be aware of during the time when technician come for inspection? Thing is Car i was driving is only 17mph but the impact (40-45mph) is coming from other car caused this excessive damage. So, how that will be shown in the EDR result? What other things I'll be concerned of during the time inspector comes for inspection?
Your getting into an area I have limited experience in.
The car may have an Event Data Recorder and a Vehicle Control History recorder. See videos below for EDR and VCH info and output. If possible get date from both recorders on a flash drive or such. It should be just data and as such subject to interpretation. Would assume the tech just retrieves the data and gives it to you on media. From here you would need to find someone to interpret the data.
Find out from the tech if the car has both recorders and if tech can access both and download the info on media. Plus what is required to view said media as in how is the information stored.
The vehicle may have both an Event Data Recorder and a Vehicle Control History recorder which records driver inputs.
Youtube has videos on both types of recorders and what data they output.
Find out of the tech is going to output information from both recorders. Here to be stored for you on say a flash drive plus what it takes to view the data. .
It's data and as such will need someone to be interpreted which assume you will need to do. There are companies that do this for a fee. if your looking for a judgement in your favor an attorney familiar with these types of issues may be the best route. They can find someone to interpret the data.
2022 Camry XSE Airbag Din't deployed
