Airbags save lives in serious collisions, but the force of deployment can also cause significant injuries of its own. Facial fractures, chemical burns, eye damage, and traumatic brain injuries from airbag impact are more common than most people realize. If you were hurt by an airbag during an Oklahoma City car accident, those additional injuries increase the value of your claim against the driver who caused the crash. Our attorneys at Hasbrook & Hasbrook can help you recover full compensation for every injury the wreck caused, including injuries caused by the airbag itself.
Key Takeaways
- Airbag injuries are part of your car accident claim. The at-fault driver is responsible for all injuries the crash caused, including facial fractures, chemical burns, and traumatic brain injuries from airbag deployment.
- Oklahoma gives you two years to file. Under 12 O.S. § 95, the personal injury statute of limitations is two years from the date of the crash. Missing this deadline bars your claim entirely.
- Partial fault does not bar recovery. Oklahoma’s modified comparative negligence rule (23 O.S. § 13) lets you recover damages as long as you were not more than 50% at fault.
- Non-economic damages are capped at $500,000 under 23 O.S. § 61.3, but the cap is lifted entirely for severe permanent injuries such as vision loss, major organ impairment, or inability to self-care.
- Evidence degrades quickly. The vehicle’s event data recorder, airbag deployment data, and medical imaging are critical proof. Contact an attorney before the car is scrapped or repaired.
How do airbags work?
When a crash occurs, sensors throughout the vehicle detect sudden deceleration and trigger the airbag inflator within milliseconds. The inflator releases a burst of nitrogen gas that fills the nylon bag at speeds approaching 200 miles per hour. The entire sequence, from initial impact to full deployment, takes roughly 30 milliseconds.
That speed is what makes airbags effective at cushioning occupants before they strike the steering wheel or dashboard. It is also what makes them capable of causing serious injuries, particularly when a person sits too close to the deployment zone, is out of position, or is involved in a lower-speed crash where the deployment force is disproportionate to the collision severity. According to NHTSA’s airbag safety data, frontal airbags have saved more than 50,000 lives since 1987. Side curtain and thorax airbags provide additional protection in side-impact and rollover crashes.
Understanding how deployment works matters for your claim. Deployment force, angle, chemical exposure, and seating position all factor into the specific injuries you sustained. Our attorneys document each of these variables to show exactly how the airbag caused or compounded your harm.
What types of injuries can airbags cause in Oklahoma?
Airbag injuries in Oklahoma car accidents range from minor bruising to serious trauma. The force required to inflate an airbag in milliseconds is enormous, and when your face, chest, or hands are in the deployment path, the protective device itself becomes a source of harm. Understanding how airbag injuries happen helps your attorney document the full scope of damage caused by the crash.
In our practice, we frequently see cases where a seemingly straightforward car accident leaves the driver with injuries far worse than expected, including facial fractures from the force of deployment, chemical burns from the propellant gases, or chest trauma from the impact. These injuries are separate from the harm caused by the collision itself, and they can substantially increase the value of your claim.
Common airbag deployment injuries include:
- Facial fractures and lacerations from the impact force of the bag itself, particularly around the nose, cheekbones, and orbital bones. For detailed information on fracture claims, see our broken bones page.
- Chemical burns to the skin, eyes, and respiratory system from sodium azide propellant gases released during deployment. Our burn injury attorneys handle the full spectrum of thermal and chemical burn claims.
- Eye injuries, including corneal abrasions, retinal detachment, and in severe cases, partial or total vision loss.
- Traumatic brain injuries (TBI) from the impact force against the head. TBI from airbag deployment can range from concussion to severe diffuse axonal injury. Our brain injury lawyers handle airbag-related TBI cases regularly.
- Chest contusions and rib fractures from the force of deployment against the sternum and ribcage. These injuries often accompany chest injuries from car accidents more broadly.
- Wrist and hand injuries when hands are on the steering wheel and caught in the deployment path.
- Neck injuries, including cervical fractures and soft tissue damage from rapid head movement during deployment.
When airbag injuries are severe enough to cause permanent disability, disfigurement, or loss of function, they may qualify as catastrophic injuries under Oklahoma law, which carry different legal and compensation implications. In the most severe cases, airbag-related trauma can be fatal, giving surviving family members a wrongful death claim against the at-fault driver.
What compensation can you recover after an airbag injury in Oklahoma?
If you were injured by airbag deployment during an Oklahoma car accident, you can recover compensation for all damages the crash caused, including the injuries caused by the airbag. This covers medical expenses, lost income, pain and suffering, and disfigurement. The total value depends on the severity of your injuries and the strength of the evidence against the driver who caused the crash.
| Damage Category | What It Covers | Example |
|---|---|---|
| Medical expenses | Emergency care, surgery, hospitalization, rehabilitation, medications, and future medical needs | $120,000 in reconstructive facial surgery after airbag deployment in a high-speed crash |
| Lost wages | Income lost during recovery, used sick days, missed bonuses or commissions | $32,000 in lost paychecks during an 8-month recovery from eye injury |
| Loss of earning capacity | Reduced future earnings if injuries permanently limit your ability to work | A graphic designer who lost partial vision due to airbag chemical burns |
| Pain and suffering | Physical pain, emotional distress, anxiety, PTSD, and depression caused by the injury | Chronic facial pain and disfigurement anxiety after airbag-related fracture |
| Disfigurement and scarring | Permanent scarring, burns, or physical changes from the airbag injury | Chemical burns on the face and arms from airbag propellant |
| Loss of enjoyment of life | Inability to participate in hobbies and activities you enjoyed before the injury | Musician who lost finger dexterity after his hand was pinned against the steering wheel during deployment |
| Punitive damages | Additional damages when the at-fault driver acted with reckless disregard for safety, under 23 O.S. § 9.1 | Drunk driver or driver fleeing the scene who caused the crash |
Under 23 O.S. § 61.3, Oklahoma caps noneconomic damages at $500,000 in most bodily injury cases, with no cap for certain severe permanent injuries. Economic damages (medical bills, lost wages) have no cap. Punitive damages are available when the driver acted with reckless disregard for safety and are capped under 23 O.S. § 9.1 at the greater of $100,000 or the amount of actual damages, unless the conduct involved fraud, intentional wrongdoing, or gross negligence proven by clear and convincing evidence.
Because airbag injuries often involve the face, eyes, and head, they frequently produce the kind of permanent, disfiguring harm that qualifies for the exception to Oklahoma’s noneconomic damages cap. Your attorney must present medical evidence establishing that the injury meets the statutory threshold for lifting the cap.
What does Oklahoma law say about airbag injury cases?
Oklahoma personal injury law entitles you to recover compensation for all injuries caused by a car accident, including injuries inflicted by airbag deployment during the crash. Here is how Oklahoma law applies to airbag injury claims.
Negligence: If another driver caused the accident that triggered airbag deployment, you pursue a negligence claim against that driver under Oklahoma tort law. That driver is responsible for every injury the crash caused, including injuries from the force of airbag deployment. You need to prove the other driver caused the accident that led to your injuries, including the injuries caused by deployment.
Comparative negligence (23 O.S. § 13): Oklahoma’s modified comparative negligence rule means you can recover damages as long as you were not more than 50% at fault. Your compensation is reduced by your fault percentage. In car accidents involving airbag injuries, the defense may argue you were sitting too close to the steering wheel or had the seat positioned incorrectly. Our job is to counter those arguments with evidence.
Statute of limitations (12 O.S. § 95): You have two years from the date of injury to file a personal injury lawsuit in Oklahoma. This deadline applies regardless of how severe your airbag injuries are. Miss it, and your claim is permanently barred.
Damage caps (23 O.S. § 61.3): Noneconomic damages are capped at $500,000 in most cases, with no cap for severe permanent injuries, a threshold that airbag injuries to the face, eyes, and brain frequently meet. No cap on economic damages.
How insurers handle airbag injury claims
Insurance companies handling car accident claims that involve airbag injuries use specific tactics to minimize the additional compensation those injuries justify. Recognizing these strategies helps you avoid the pitfalls that can reduce or eliminate your recovery. For a broader look at how adjusters handle claims from the start, see our guide on how insurance companies handle car accident claims.
Blaming the occupant’s position: Adjusters frequently argue that you were sitting too close to the airbag, had your seat too far forward, or were not wearing a seatbelt. While seat position can affect injury severity, the driver who caused the crash is still responsible for triggering the airbag deployment in the first place.
Claiming preexisting conditions: If you had any prior neck, back, or facial injuries, the adjuster will argue your current injuries were preexisting and unrelated to the airbag. Medical records and expert testimony from your treating physicians can counter this tactic.
Disputing the airbag’s role in your injuries: The adjuster may argue that your injuries were caused entirely by the collision itself, not by the force of airbag deployment. Medical records documenting the specific pattern of injuries caused by the airbag, including facial fractures, chemical burns, and eye trauma, counter this argument by showing harm consistent with deployment force rather than collision impact alone.
Lowball early offers: Just as in any personal injury case, the adjuster may offer a quick settlement before you understand the full extent of your injuries. Airbag injuries, particularly eye injuries, chemical burns, and TBIs, often have long-term consequences that are not apparent in the first weeks after the accident.
Statute of limitations pressure: Adjusters may delay negotiations, hoping you will miss the filing deadline. Under 12 O.S. § 95, you have two years, but waiting too long can compromise your ability to preserve critical evidence like medical imaging, vehicle damage documentation, and airbag deployment data.
Your airbag injury claim: step by step
A car accident claim involving airbag injuries follows the same general process as other personal injury cases, but the additional injuries often mean longer medical treatment and a higher case value. Here is the general timeline and process you can expect.
Step 1: Initial consultation. We review the facts of your accident, the nature of your injuries, and the circumstances of the airbag deployment. This is free and carries no obligation.
Step 2: Evidence preservation. We immediately work to preserve the vehicle’s event data recorder (EDR), crash scene documentation, and medical imaging that documents the specific pattern of injuries caused by the airbag. Photographs of airbag deployment marks, chemical burns, and facial trauma are critical for proving the full scope of harm caused by the crash. See our guide on documenting injuries for a personal injury claim for practical steps.
Step 3: Demand and negotiation. Once your medical condition stabilizes, we send a demand letter to the other driver’s insurer that documents both the collision injuries and the airbag injuries separately. This approach maximizes the total claim value. We handle all communication with insurance adjusters so you can focus on recovery.
Step 4: Filing suit if necessary. If the insurer rejects a fair settlement, we file a personal injury lawsuit in Oklahoma district court. Filing also formally preserves your rights and prevents the statute of limitations from becoming a barrier. Many cases still settle after suit is filed, often once the insurer recognizes we are prepared to try the case.
Step 5: Discovery and litigation. Both sides exchange evidence, take depositions, and retain expert witnesses. In airbag injury cases, this often includes biomechanical engineers, ophthalmologists, neurologists, and vocational rehabilitation experts who can quantify the long-term impact of your injuries. This phase typically takes several months to over a year depending on case complexity.
Step 6: Settlement or trial. Most cases resolve through negotiated settlement before or during trial. If the insurer will not offer fair value, we take the case to a jury. Oklahoma juries can award the full range of economic and noneconomic damages, and punitive damages where the facts support them under 23 O.S. § 9.1.
What to do after an airbag injury
If you were injured by an airbag in an Oklahoma car accident, the steps you take in the first days and weeks can make or break your legal claim. Follow these actions to protect your health and preserve your right to compensation.
- Seek immediate medical attention. Airbag injuries often involve the head, face, eyes, neck, and chest. Some injuries, like retinal detachment, mild TBI, or internal bleeding, may not produce obvious symptoms right away. Get a thorough medical evaluation the same day as the accident.
- Do not dispose of the vehicle. The event data recorder and vehicle damage pattern are critical evidence for proving how the crash happened and documenting the forces involved. Do not scrap the vehicle or authorize repairs before your attorney has preserved the evidence.
- Document your injuries. Take photographs of all visible injuries, including facial bruising, chemical burns, lacerations, and eye redness, every day for the first two weeks. Document how the injuries affect your daily life.
- Do not give recorded statements to any insurance adjuster. The other driver’s insurer will call quickly, often before you leave the hospital. Anything you say can be used to minimize your claim. Politely decline and tell them your attorney will be in contact.
- Contact an Oklahoma City airbag injury lawyer. These cases are urgent. Evidence degrades, vehicles get scrapped, and the two-year statute of limitations (12 O.S. § 95) begins running immediately. The sooner you have a lawyer, the better your chances of preserving the proof you need.
Why choose Hasbrook & Hasbrook for your airbag injury case?
Hasbrook & Hasbrook is an Oklahoma personal injury law firm that understands the medical and legal complexities of car accident cases involving airbag injuries. Clayton T. Hasbrook focuses on helping injured Oklahomans recover compensation after serious wrecks.
Airbag injury cases require attorneys who understand the distinct medical documentation these injuries demand, from facial reconstruction records to ophthalmology reports to neurological evaluations. We work with medical experts who can clearly connect the injuries caused by the airbag to the crash and quantify the long-term impact on your life. That level of documentation is what separates a fair settlement from an inadequate one.
Our attorneys have handled airbag injury cases across the full spectrum of harm, from facial fractures and chemical burns to traumatic brain injuries and permanent vision loss. We know what insurers look for, how they challenge airbag injury claims, and what it takes to counter those tactics with the evidence needed to recover the compensation you deserve.
How our fees work
You pay nothing to hire Hasbrook & Hasbrook for your airbag injury case. We work on a contingency fee basis. Our fee is a percentage of the compensation we recover for you, and if we do not win, you owe us nothing. There is no upfront retainer, no hourly billing, and no hidden charges.
Our contingency fee for settlements reached before filing suit is 25%, compared to the 33% industry standard at most Oklahoma personal injury firms. We advance all case expenses, including engineering experts, medical records, court filings, and deposition costs, and only recover those expenses from your settlement or verdict. This fee structure means you can access experienced legal representation for your airbag injury case regardless of your financial situation.
Frequently asked questions about Oklahoma airbag injuries
How much is an airbag injury case worth in Oklahoma?
The value of an Oklahoma airbag injury case depends on the severity of your injuries, the extent of medical treatment required, and the strength of the evidence establishing the other driver’s liability. Cases involving serious facial injuries, traumatic brain injury, or blindness can result in six or seven-figure settlements. Under Oklahoma law, you can recover economic damages (medical bills, lost wages) with no cap, and noneconomic damages (pain, suffering, disfigurement) subject to the $500,000 cap under 23 O.S. § 61.3, with no cap for certain severe permanent injuries.
How long do I have to file an airbag injury lawsuit in Oklahoma?
Under 12 O.S. § 95, the statute of limitations for personal injury in Oklahoma is two years from the date of injury. This applies to all car accident claims, including those involving airbag injuries. Two years may sound like plenty of time, but building a strong case, especially one that documents the full extent of injuries caused by the airbag, requires months of medical treatment, expert evaluation, and evidence gathering. Contact an attorney as soon as possible after a crash that caused airbag injuries.
What does it cost to hire an airbag injury lawyer in Oklahoma City?
Nothing upfront. Hasbrook & Hasbrook handles airbag injury cases on a contingency fee basis. Our fee is 25% for settlements reached before filing suit, lower than the 33% industry standard. We advance all case costs, including engineering experts and medical records. If we do not recover compensation for you, you owe us nothing. This arrangement ensures you can get experienced legal help regardless of your financial situation.
What should I do if I am injured by an airbag?
Get medical attention immediately because airbag injuries to the face, eyes, neck, and chest can have delayed symptoms, including retinal detachment and mild traumatic brain injury. Do not dispose of the vehicle, as the event data recorder is critical evidence. Do not give recorded statements to the other driver’s insurer. Contact an Oklahoma City airbag injury attorney as quickly as possible to preserve evidence and protect your claim under the two-year statute of limitations (12 O.S. § 95).
What types of injuries can airbags cause in a car accident?
Airbag deployment during a car accident can cause a wide range of injuries depending on the speed and angle of impact, your seating position, and the force of deployment. The most common injuries include facial fractures and lacerations from deployment force, chemical burns from airbag propellant gases (sodium azide), traumatic brain injuries from the impact force, eye injuries including corneal abrasions and retinal detachment, neck injuries including cervical fractures, and broken ribs and chest contusions. These injuries are separate from the collision injuries themselves and increase the total value of your car accident claim. Learn more about the most common car accident injuries our team handles.
Can I still recover compensation if I was partly at fault for the accident?
Yes. Under Oklahoma’s modified comparative negligence rule (23 O.S. § 13), you can recover compensation as long as you were not more than 50% at fault. Your damages are reduced by your percentage of fault. In car accident cases involving airbag injuries, the defense may argue you were sitting too close to the steering wheel or were not wearing a seatbelt. Your attorney counters these arguments with medical evidence showing the specific pattern of injuries caused by both the collision and the airbag deployment.
Can I sue the airbag manufacturer for my injuries?
Potentially, but that is a separate legal theory called products liability, which Hasbrook & Hasbrook does not handle. This page, and the firm’s practice, focuses on airbag injuries as part of a negligence claim against the at-fault driver. If the airbag was defective (for example, due to a design or manufacturing flaw such as the Takata recall, which you can read about at the NHTSA Takata recall spotlight), a products liability attorney would handle that claim separately. For most crash-related airbag injuries caused by a normally functioning airbag, the at-fault driver, not the manufacturer, is the responsible party.
What if the airbag did not deploy during my accident?
Non-deployment may be relevant to your car accident claim in two ways. First, if the airbag should have deployed and did not, the absence of airbag protection may have increased your injuries, which can be factored into damages. Second, if non-deployment resulted from a manufacturing or design defect, a products liability claim against the manufacturer may exist (separate from this firm’s practice). Document non-deployment carefully: note it in your accident report, photograph the steering wheel and dash, and preserve the vehicle so an expert can examine the system. Discuss the specifics with an attorney who can assess how non-deployment affects your particular claim.
Ready to talk to an Oklahoma City airbag injury lawyer?
Every airbag injury case starts with a question: how did the crash happen, and how severe are your injuries? Tell us what happened, and we will tell you what you deserve and what your legal options are. Call (405) 605-2426 today for a free consultation with Clayton Hasbrook. There is no obligation, no pressure, and no fee unless we win your case.
Evidence in car accident cases degrades quickly. Vehicles get scrapped, surveillance footage gets overwritten, and data recorder information can be lost. The two-year statute of limitations under 12 O.S. § 95 is already running. Call now or contact us online to protect your claim.
