Most drivers expect an airbag to save their life during a crash, not leave them with painful burns, permanent scarring, or nerve damage. While airbags are one of the most effective vehicle safety features ever developed, they deploy with tremendous force in a fraction of a second. That rapid deployment can cause injuries ranging from minor skin irritation to significant burns that require ongoing medical treatment.
If you suffered airbag burn injuries after a car accident in New Jersey, you may have the right to pursue compensation. Whether your claim is paid through insurance or pursued against another driver or manufacturer depends on how the crash occurred, the severity of your injuries, and whether another party's negligence contributed to your losses. Understanding how these claims are evaluated can make a meaningful difference in protecting both your health and your financial recovery.
Can You Recover Compensation for Airbag Burn Injuries in New Jersey?
- Airbag burns can qualify for compensation when they result from another party's negligence or a defective airbag system.
- New Jersey's no-fault insurance laws may initially require you to seek benefits through your own Personal Injury Protection (PIP) coverage.
- If you are subject to New Jersey's Limitation on Lawsuit option, recovering noneconomic damages such as pain and suffering generally requires an injury that satisfies one of the statutory categories, such as significant disfigurement or significant scarring, a displaced fracture, or a qualifying permanent injury.
- Medical documentation and photographs taken soon after the injury often become critical evidence.
- Liability may extend beyond another driver if a defective airbag or vehicle component contributed to the injuries.
What Causes Airbag Burn Injuries in a Car Accident?
Airbags deploy at speeds that can exceed 150 miles per hour, inflating in milliseconds to protect occupants from striking the steering wheel, dashboard, or windshield. That explosive deployment relies on chemical reactions and rapidly expanding gases, both of which can expose occupants to heat, friction, and airborne particles. Although these systems are engineered to reduce fatal injuries, they can also create secondary injuries that become the focus of a personal injury claim.
Attorneys evaluating these cases look beyond the fact that an airbag deployed. They examine whether the burns resulted from the normal force of deployment, whether the airbag functioned as intended, whether the occupant was properly restrained, and whether the collision itself would likely have caused the same injuries regardless of the airbag. These distinctions often influence both liability and the potential value of a claim.
What Types of Burns and Injuries Can Airbags Cause?
Not every airbag burn looks the same. Some injuries heal within a few weeks, while others leave lasting scars or require reconstructive treatment. Medical records often become important because burns may worsen over the first several days after the accident.
Common airbag-related injuries include:
- Friction burns from rapid contact with the airbag fabric
- Thermal burns caused by hot gases released during deployment
- Chemical burns from alkaline substances produced during inflation
- Facial burns affecting the cheeks, nose, chin, or forehead
- Burns to the hands, wrists, forearms, or chest
- Permanent scarring, skin discoloration, or nerve damage accompanying burn injuries
Insurance companies frequently argue that these injuries are relatively minor because airbags prevented more severe trauma. That argument overlooks the reality that many burn injuries involve painful treatment, permanent cosmetic changes, emotional distress, and lengthy recovery periods.
Can You File a Claim for Airbag Burn Injuries in New Jersey?
Many people assume that because an airbag performed its intended function, any resulting injuries are simply unavoidable. New Jersey law does not automatically reach that conclusion. If another driver's negligence caused the collision, the injuries resulting from that crash, including airbag burns, may be compensable.
The path to recovery often depends on New Jersey's no-fault insurance system. Your Personal Injury Protection coverage generally pays eligible medical expenses regardless of who caused the accident. A claim against an at-fault party may also be available for legally recoverable losses not compensated through PIP. If you are subject to New Jersey's Limitation on Lawsuit option (also known as the verbal threshold), however, recovering noneconomic damages such as pain and suffering generally requires an injury that satisfies one of the categories listed in N.J.S.A. 39:6A-8(a).
Attorneys also evaluate whether the airbag itself performed properly. If evidence indicates that the airbag was not reasonably fit, suitable, or safe for its intended purpose because of a manufacturing defect, inadequate warnings or instructions, or a defective design, a product liability claim may exist under New Jersey law. Evidence of improper deployment, delayed deployment, or excessive force may be relevant to determining whether such a defect caused the injury.
Who May Be Liable for Airbag-Related Injuries?
Determining liability requires a careful investigation because multiple parties may share responsibility. The answer depends less on the existence of the burn itself and more on why the injury occurred.
An attorney may investigate liability in the following order:
- Whether another driver's negligence caused the collision that triggered the airbag deployment.
- Whether a vehicle manufacturer produced a defective airbag or failed to design a reasonably safe restraint system.
- Whether an airbag component supplier manufactured a defective part.
- Whether improper vehicle repairs or maintenance affected the airbag system before the crash.
These investigations often require accident reconstruction, vehicle inspections, electronic crash data, and engineering analysis. Identifying the correct defendant early helps preserve critical evidence before damaged vehicles are repaired, salvaged, or destroyed.
What Do You Need To Prove in an Airbag Injury Claim?
A successful claim involves more than showing that burns occurred after a collision. Insurance adjusters often question whether the injuries resulted directly from the airbag, whether they were severe enough to justify compensation, and whether the treatment received was medically necessary.
Strong claims typically establish several important facts. Medical records should connect the burns directly to the collision and document the progression of treatment. Photographs taken immediately after the accident often provide compelling evidence because burns may fade or change appearance over time. Physicians, dermatologists, plastic surgeons, or burn specialists may also explain whether permanent scarring or future treatment is likely.
When product defects are suspected, attorneys frequently work with engineering experts who can evaluate deployment data, airbag components, and manufacturer specifications. Their findings may determine whether the injury resulted from normal deployment forces or from an avoidable defect.
How Does New Jersey's No-Fault Insurance System Affect Your Claim?
One aspect of New Jersey law that surprises many accident victims is that fault does not immediately determine who pays medical bills. Instead, most injured drivers first rely on personal injury protection benefits under their own automobile insurance policy.
That does not mean fault becomes irrelevant. An injured person may be able to pursue an at-fault party for legally recoverable losses that are not compensated through PIP. If the injured person is subject to New Jersey's Limitation on Lawsuit option, recovery of noneconomic damages, such as pain and suffering, generally requires an injury satisfying N.J.S.A. 39:6A-8(a), which includes significant disfigurement or significant scarring and certain permanent injuries. Economic losses, including otherwise recoverable medical expenses and lost wages, are not governed by that threshold in the same manner.
Because policy elections, injury severity, and insurance coverage vary from case to case, attorneys spend considerable time reviewing insurance policies before advising clients about available legal options.
What Evidence Helps Prove an Airbag Injury Case?
Evidence gathered during the first days and weeks after a crash often shapes the entire case. Waiting too long can make it harder to document the condition of the injuries or preserve important physical evidence.
Medical documentation is the starting point, but experienced personal injury attorneys rarely stop there. They also seek emergency room records, photographs taken throughout the healing process, witness statements, crash reports, vehicle inspection records, and repair estimates. In more complex cases, they may obtain electronic event data from the vehicle showing deployment timing, crash severity, and restraint system performance.
Insurance companies frequently compare photographs, medical records, and repair damage to argue that an injury was less serious than claimed. Consistent documentation from the beginning helps reduce those disputes.
What Should You Do After Suffering an Airbag Burn Injury?
The decisions made immediately after a collision can affect both your physical recovery and any future legal claim. Even burns that initially appear minor should be evaluated because chemical exposure, blistering, and infection may develop over time.
Seeking prompt medical care creates an objective record linking the injuries to the crash. Following treatment recommendations, attending follow-up appointments, and documenting visible changes with photographs all strengthen the medical evidence supporting your claim. If possible, avoid repairing or disposing of the vehicle until it has been inspected when questions exist about the airbag's performance.
Many people also underestimate the importance of preserving receipts, prescription costs, mileage to medical appointments, and records showing missed work. These financial losses frequently become part of the damages sought during settlement negotiations.
How Long Do You Have To File an Airbag Injury Claim in New Jersey?
Personal injury claims are subject to filing deadlines, and missing an applicable deadline can eliminate the right to recover compensation. In most personal injury cases arising from motor vehicle accidents, New Jersey law generally requires a lawsuit to be filed within two years after the cause of action accrues under Section 2A:14-2. For an ordinary car accident claim, that generally means two years from the date of the accident, although rules governing accrual and tolling can affect the deadline in some circumstances. Claims against New Jersey public entities or public employees may also be subject to the New Jersey Tort Claims Act, which generally requires notice of a claim within 90 days after accrual, subject to statutory exceptions and procedures for seeking permission to file a late notice.
Although two years may seem like ample time, investigations involving defective airbags, multiple defendants, or complex medical treatment often require substantial preparation. Witness memories fade, vehicles are repaired or salvaged, and important electronic evidence may become unavailable if action is delayed.
Speaking with an attorney early allows critical evidence to be preserved while also ensuring that insurance deadlines and statutory filing requirements are satisfied.
Need Legal Help? Brandon J. Broderick, Attorney at Law, Is Just One Phone Call Away
Airbag burn injuries are often dismissed as an unavoidable consequence of a collision, but that assumption is not always accurate. Whether your injuries resulted from another driver's negligence, a defective airbag system, or a combination of factors, a careful legal investigation may uncover compensation that extends beyond basic insurance benefits.
Every airbag injury case presents unique medical, insurance, and liability questions. The legal team at Brandon J. Broderick, Attorney at Law, can evaluate how New Jersey's no-fault laws apply, determine who may be legally responsible, preserve critical evidence, and pursue the full compensation available under the law.
Contact us today for a free legal consultation.