Short Answer

Yes. In North Carolina, you may have a claim against the driver who caused the crash, and the airbag issue may also raise a separate vehicle defect question if it helped cause or worsen your injuries. Airbags do not deploy in every collision, so nondeployment alone does not prove a defect. The most important first step is preserving the vehicle and electronic data before repairs, storage, salvage, or disposal.

What the Airbag Question Really Means

After a serious Durham crash, it is understandable to wonder why the airbags did not deploy. Many people assume airbags should go off in any major collision. In reality, airbag systems are designed to deploy only when sensors detect certain crash forces, angles, and conditions. A severe-looking crash can sometimes fall outside the deployment threshold, while a less visible impact can trigger deployment if the sensor data meets the system criteria.

That means the question is not simply, "Did the airbags deploy?" The more useful questions are:

• What was the direction and force of the impact?
• Which parts of the vehicle were damaged?
• Was the vehicle equipped with airbags for the seating positions involved?
• Did any warning lights, prior repairs, recalls, or electrical problems exist before the crash?
• Did the lack of deployment cause additional injury beyond the harm caused by the collision itself?

Those details matter because a personal injury claim and a vehicle defect claim are not the same thing. They may overlap, but they require different proof.

Two Possible Claims May Be Involved

1. A negligence claim against the driver who caused the crash

If another driver allegedly ran a red light and caused the collision, the main claim will usually focus on that driver's conduct. In a North Carolina car accident claim, the injured person generally must show that the other driver failed to use reasonable care, that the failure caused the crash, and that the crash caused injuries and losses.

Evidence may include the crash report, witness names, traffic signal timing, photographs, vehicle damage, medical records, and statements from the drivers and passengers. The fact that airbags did not deploy does not usually excuse the driver who caused the wreck. It may, however, become relevant to how the injuries happened and whether another party may share responsibility.

2. A possible product liability claim involving the vehicle or airbag system

A separate product liability claim may be possible if the evidence shows that the airbag system, vehicle design, manufacturing process, or related warnings were legally defective and that the defect caused injury or made the injuries worse. Under N.C. Gen. Stat. § 99B-6, a design-based product claim generally requires proof that the manufacturer acted unreasonably in the design and that the design issue caused the harm, often involving whether a safer practical design was reasonably available at the time.

That is a different question from whether the crash was frightening or the damage looked severe. A vehicle defect claim usually requires close review of the vehicle, the airbag control module, sensor data, repair history, recall information, and the specific injury mechanism.

North Carolina Fault Rules Still Matter

North Carolina's contributory negligence rule can create serious problems in disputed crash cases. If the party defending the claim proves that the injured person was also negligent and that this negligence helped cause the injury, that defense may bar the claim. Under N.C. Gen. Stat. § 1-139, the party raising contributory negligence generally has the burden of proving it.

In a red-light crash, the insurer may still look for arguments about speed, lookout, distraction, vehicle maintenance, or whether the injured driver could have avoided the collision. The passenger's claim should be evaluated separately because a passenger is often in a different position than the driver, but the facts still matter.

Good evidence should address both sides of the issue: what the other driver did wrong and why you or your passenger acted reasonably under the circumstances.

Preserve the Vehicle Before It Is Repaired or Salvaged

If airbag nondeployment is a concern, preserving the vehicle is critical. Once a vehicle is repaired, dismantled, sold for salvage, or moved through storage lots, important evidence can be lost. Electronic data may also be overwritten or become harder to retrieve.

Consider preserving or gathering the following as soon as possible:

• Photographs and videos of all vehicle damage before repairs begin.
• Photos of the interior, steering wheel, dashboard, seat belts, airbags, and warning lights.
• The vehicle itself, if it can be kept from repair, auction, or destruction.
• Event data recorder information, sometimes called black box data.
• Airbag control module data and any related diagnostic information.
• Repair, maintenance, and inspection records for the vehicle.
• Recall notices or manufacturer communications if available.
• Towing, storage, and salvage paperwork.
• The crash report and any witness information.
• Hospital records, medical bills, discharge paperwork, and follow-up visit summaries.
• All insurance letters, claim numbers, adjuster emails, and recorded-statement requests.

If the vehicle is in a tow yard, repair shop, or insurer-controlled storage location, ask in writing that it not be destroyed, sold, repaired, altered, or moved without notice. This does not prove a defect, but it helps protect the evidence needed to evaluate the issue.

Deadlines Can Apply Even While Insurance Is Still Talking

For many North Carolina injury and property-damage claims, N.C. Gen. Stat. § 1-52 provides a three-year deadline for many actions involving personal injury or damage to property. Product-related claims can also have additional timing rules, including limits tied to when the product was first purchased for use.

Insurance discussions do not automatically extend the deadline to file a lawsuit. If the crash involved serious injuries, a totaled vehicle, or a possible airbag defect, it is wise to review timing early rather than waiting until negotiations stall.

How This Applies to the Crash Described

Based on the facts provided, the driver and passenger were evaluated at a hospital after another driver allegedly ran a red light and caused a serious crash. They are still dealing with neck, back, leg, and knee pain, and the driver is concerned that the airbags did not deploy.

In that situation, the first claim to evaluate is usually the injury claim against the red-light driver and that driver's insurance carrier. The airbag issue should not be ignored, but it should be investigated carefully. The key question is whether the airbags should have deployed under the crash conditions and, if so, whether the failure to deploy caused additional injury.

The most practical step is to keep the vehicle available for inspection if possible. If the vehicle has already been towed, declared a total loss, or moved to a salvage facility, the owner should act quickly to find out where it is and whether it can be placed on hold.

Common Mistakes to Avoid

• Assuming nondeployment proves a defect. Airbags are not designed to deploy in every crash.
• Letting the vehicle go to salvage too soon. Once the vehicle is gone, key physical and electronic evidence may be difficult or impossible to recover.
• Giving detailed recorded statements before understanding the issues. Statements about speed, injuries, prior vehicle problems, or airbag expectations may later be used in the claim.
• Focusing only on the airbag and not the red-light crash. The at-fault driver claim may still be the primary claim.
• Waiting too long because the insurer is communicating. Claim handling does not, by itself, protect lawsuit deadlines.

When Wallace Pierce Law May Be Able to Help

Wallace Pierce Law may be able to help evaluate both parts of the situation: the North Carolina personal injury claim against the driver who allegedly caused the crash and the separate question of whether the airbag system needs further investigation.

That process may include reviewing crash facts, insurance coverage, medical documentation, vehicle photos, repair or total-loss paperwork, and communications from adjusters. When the airbag issue is important, the firm may help identify what vehicle evidence should be preserved and whether additional technical review is appropriate.

No law firm can promise that an airbag nondeployment claim exists. The answer depends on the crash data, the vehicle, the injury evidence, and North Carolina law. A careful review can help you avoid losing evidence before the claim is fully understood.

Talk to a Personal Injury Attorney in Durham

If your question involves injuries, insurance, fault, medical documentation, settlement paperwork, or a possible deadline, speaking with a licensed North Carolina attorney can help clarify your options. Call 919-313-2737 to discuss what happened and what steps may make sense next.

Disclaimer: This article provides general information about North Carolina personal injury law based on the single question stated above. It is not legal advice and does not create an attorney-client relationship. It is not medical advice, tax advice, or insurance policy interpretation. Laws, procedures, and local practice can change and may vary by county. If there may be a deadline, act promptly and speak with a licensed North Carolina attorney.