How Can a Driver and a Minor Passenger Recover Compensation for Airbag Deployment and Impact Trauma in North Carolina?
Detailed Answer
Under North Carolina personal-injury law, both the driver and a minor passenger may recover damages when an airbag deploys and impact trauma causes injuries. The legal roadmap generally involves:
1. Identifying All Liable Parties
At-fault motorist: A negligence claim against the driver whose careless act triggered the collision.
Vehicle or airbag manufacturer: A product-liability action for a defective airbag or inadequate warnings.
Your own insurer: Medical Payments (MedPay) coverage and, when the at-fault driver is uninsured or underinsured, a claim under N.C.G.S. § 20-279.21 (UM/UIM).
2. Proving Negligence
The injured parties must show that the other driver owed a duty, breached that duty, and caused foreseeable harm. North Carolina follows pure contributory negligence; even 1% fault bars recovery. Therefore, preserve evidence—crash reports, dash-cam video, witness statements, and medical documentation—immediately.
3. Product-Liability Considerations
If the airbag deployed too forcefully, late, or not at all, the plaintiffs may sue the manufacturer on theories of defective design, manufacture, or failure to warn. Strict liability is not recognized in North Carolina, so you must prove negligence or breach of warranty. Retain an automotive engineer early to download the airbag control module and examine the system before the vehicle is repaired or salvaged.
4. Damages Available
Economic losses: Medical bills, future treatment, lost wages, diminished earning capacity, and property damage.
Non-economic losses: Pain, suffering, emotional distress, scarring, and loss of enjoyment of life.
For minors: Claims for future medical expenses and loss of earning capacity begin at age 18; parents may claim medical expenses incurred before majority.
5. Special Rules for Minors
Statute of limitations: Adults usually have three years from the date of injury (N.C.G.S. § 1-52). Under § 1-17, a minor’s three-year period does not begin until age 18.
Court approval: Any settlement for a minor must be approved by the clerk of superior court or a judge, often with a guardian ad litem appointed. Funds typically go into a restricted account or a structured settlement supervised under N.C.G.S. § 90-21.11 and related provisions.
6. Insurance Coverages That Can Pay Quickly
MedPay: Pays medical bills regardless of fault, usually $1,000–$10,000. File promptly; no subrogation in North Carolina.
UM/UIM: If the at-fault driver lacks adequate insurance, uninsured/underinsured motorist coverage under § 20-279.21 can bridge the gap.
Health insurance: Use it to avoid liens from providers; coordinate benefits carefully.
7. Practical Steps After the Crash
Call 911 and seek medical care; document complaints immediately.
Photograph the airbag, seating positions, and visible injuries.
Request the Event Data Recorder (black-box) download before the vehicle is released.
Notify all insurers in writing; do not give recorded statements without counsel.
Track every expense in a spreadsheet or app.
Consult an attorney early to avoid missing deadlines or evidence-preservation pitfalls.
8. Time Limits Recap
Adults: 3 years to file suit.
Minors: Until age 21 (18 + 3).
Product claims: Same 3-year injury limit, but a 12-year repose runs from the date of initial purchase (§ 1-46.1).
Helpful Hints
North Carolina’s contributory negligence rule makes early investigation essential; small mistakes can destroy your case.
Save the airbag and control module; disposal can end a product-liability claim.
When a child is hurt, courts prefer structured settlements that release funds gradually after age 18.
Request medical bills coded on CMS-1500 or UB-04 forms—insurers require them for reimbursement.
Ready to protect your rights? Airbag and impact injuries involve strict deadlines, technical evidence, and minor-settlement rules. Our firm’s experienced North Carolina personal-injury attorneys build strong cases, negotiate with insurers, and, when needed, file suit to pursue full compensation. Call us today at 919-313-2737 for a free consultation.
