Suing Auto Manufacturers for Defective Airbags and Seatbelt Failures in Tennessee
If a defective airbag or seatbelt fails during a crash in Tennessee, you can sue the auto manufacturer for product liability, separate from your claim against the at-fault driver. Filing in the Circuit Court costs about $250, but you must preserve the totaled vehicle immediately as crucial evidence.
Modern vehicles are equipped with sophisticated safety systems designed to save your life during a violent collision. We trust that when the worst happens, our seatbelts will lock tightly and our airbags will deploy perfectly to cushion the impact. But what happens when the very devices meant to protect you end up causing catastrophic injuries or death? Unfortunately, automotive defects are startlingly common. Massive nationwide recalls involving companies like Takata have exposed just how dangerous poorly manufactured airbags and safety restraints can be.
If you are severely injured in a car crash in Tennessee, it is natural to blame the driver who hit you. However, if your injuries were vastly worsened because your seatbelt unlatched or your airbag shot metal shrapnel into your face, you have a completely separate, high-value legal claim against the multi-billion-dollar automaker that designed the vehicle. Navigating an auto defect claim under the Tenn. Code Ann. § 29-28-101 requires specialized legal maneuvers and a race against time to stop insurance companies from destroying the physical evidence. This guide details how to hold automakers accountable for safety failures. If you believe your car failed you during a crash, use our directory to find a highly specialized product liability attorney in Tennessee immediately.
Step-by-Step Process in Tennessee
Taking on massive automakers like Ford, GM, or Honda requires a sophisticated legal team. Whether your crash happened in Memphis, Nashville, or Chattanooga, these lawsuits demand meticulous preparation in the state civil courts.
Step 1: Secure the Vehicle Immediately
This is the most critical step. Do not let your auto insurance company sell the wrecked car to a salvage yard or auction. Your attorney must immediately issue a legal hold, purchase the salvage title if necessary, and move the car to a secure, climate-controlled storage facility. The car is the entire foundation of your lawsuit.
Step 2: Expert Engineering Inspection
Your lawyer will fly in specialized automotive engineers and crash reconstructionists. These experts will download the car's 'black box' (Event Data Recorder) to see exact braking speeds, and they will physically dismantle the seatbelt retractors and airbag modules to document the exact mechanical failure.
Step 3: Filing the Lawsuit Against the Automaker
Your legal team will draft a complex civil complaint against the vehicle manufacturer and the specific parts supplier (e.g., Takata or Autoliv). This is typically filed in a major venue like the Shelby County Circuit Court, Memphis or the Hamilton County Circuit Court, Chattanooga.
Step 4: The 'Crashworthiness' Discovery Phase
In auto defect cases, you are arguing a 'crashworthiness' claim-meaning the car was not reasonably safe to endure a foreseeable crash. During discovery, your attorney will demand the automaker's internal safety test videos and engineering memos to prove they knew the safety system was prone to failure.
Step 5: High-Stakes Litigation and Settlement
Automakers fight fiercely to protect their brand reputations. They will try to blame the severity of the crash itself. Your attorney will rely on strong legal precedents, similar to the landmark Tennessee supreme court concepts in Flax v. DaimlerChrysler Corp., 272 S.W.3d 521 (TN Supreme Court 2008), to prove the defect directly amplified your injuries, eventually forcing a settlement or presenting the case to a jury.
Product Failure vs. At-Fault Driver Claims
In an auto defect case, there are often two separate lawsuits running simultaneously. First, you have a standard negligence claim against the drunk or distracted driver who caused the accident, handled through their auto insurance. Second, you have a product liability claim against the automaker under Tenn. Code Ann. § 29-28-105. You are not arguing that the automaker caused the accident; you are arguing that the automaker caused your 'enhanced injuries.' For example, the other driver caused the fender bender, but the defective airbag is what caused your traumatic brain injury. A skilled lawyer maximizes your compensation by pursuing both avenues.
Airbag Failures: Non-Deployment and Shrapnel Explosions
Airbags rely on precise chemical propellants to inflate in milliseconds. When they fail, the results are devastating. The most common defect is 'non-deployment,' where faulty crash sensors fail to signal the airbag to deploy during a severe frontal impact, allowing the driver to strike the steering wheel. Even more terrifying is the Takata airbag crisis, where unstable chemicals caused the inflator to violently rupture upon deployment, shooting metal shrapnel into the cabin like a grenade. If you suffered lacerations or blindness from airbag deployment, the manufacturer is highly liable for your catastrophic injuries.
Seatbelt Failures: Unlatching and Tensioner Defects
A seatbelt is only effective if it keeps you pinned to the seat. A phenomenon known as 'inertial unlatching' occurs when the violent force of a crash tricks the seatbelt buckle into releasing, sending the occupant flying through the windshield. Additionally, modern seatbelts use 'pretensioners' that instantly pull the belt tight right before impact. If the pretensioner fails or the fabric webbing rips under pressure, the occupant will violently strike the dashboard. Proving this requires experts to examine the microscopic stress marks on the buckle's internal latch components.
Preserving Evidence: The Danger of Spoliation
If your car is totaled, your insurance company will quickly try to pay you the market value and tow the car to a scrap yard to be crushed or sold for parts. If this happens, your product liability case dies immediately. This is known as 'spoliation of evidence.' Without the physical vehicle, the automaker's defense lawyers will easily argue that there is no proof the seatbelt or airbag actually failed. You must contact a lawyer within days of your crash so they can issue a legal preservation letter to the tow yard and insurance company to halt the destruction of your vehicle.
How Much Does it Cost in Tennessee?
Litigating against giant automakers is an expensive endeavor, but the financial risk is carried by the law firm:
- Contingency Fees: Elite auto defect attorneys operate entirely on contingency. You pay zero hourly fees. The firm only collects a percentage (usually 33% to 40%) if they successfully win a verdict or settlement.
- Court Filing Fees: Initiating the lawsuit in a Tennessee Circuit Court requires a standard fee of around $250 to $300.
- Massive Expert Costs: Properly preserving a vehicle, downloading crash data, and hiring biomechanical experts can cost $20,000 to $100,000. Your law firm advances these vast expenses and recovers them from the final settlement.
How Long Does the Process Take?
Do not expect a quick payout. While a standard car accident claim against a driver might settle in 6 months, suing an auto manufacturer is a marathon. Automakers use aggressive defense tactics to drag out the discovery phase. A complex crashworthiness case involving defective airbags or seatbelts in Tennessee typically takes 2 to 4 years to navigate the courts and reach a final jury trial or large corporate settlement.
Frequently Asked Questions (FAQ)
What if my car was recalled but I didn't get it fixed yet?
The automaker will try to use this against you, claiming you ignored the warning. However, if they failed to notify you properly, or if the dealership did not have the replacement parts available when you called, you still have a strong legal claim.
Can I sue if the airbag didn't go off in a minor fender bender?
Airbags are designed to deploy only during moderate to severe impacts to avoid unnecessary injury from the deployment itself. Your attorney will use the car's black box to determine if the crash forces were high enough that the airbag should have legally deployed.
Who pays my medical bills while this long lawsuit is happening?
While waiting for the product liability case to resolve, you will generally rely on your own health insurance or reach a quicker settlement with the at-fault driver's auto insurance to cover your immediate medical bills.
Does the 10-year Statute of Repose apply to cars?
Yes. In Tennessee, if your vehicle is more than 10 years old from the date it was originally purchased new, you are generally barred from suing the manufacturer, even if a defective airbag explodes and injures you today.
No reviews yet. Be the first to share your experience!