Airbags and serious motoring offences

Airbag deployment and its relevance to serious motoring offences

Most modern vehicles are fitted with airbags as standard these days. If the airbags deploy following an accident, the collision was likely at a fairly high velocity with a significant risk of injury to those involved. This should always raise a question mark with paramedics or police about whether you should be taken to hospital for a proper examination and treatment.

Although airbags are intended to save the motorist or passenger from serious injury, the airbag deployment could cause injury in itself. Any head injury is to be treated with immediate caution. The most common signs of a head injury are:

  • Headache or “pressure” in head.
  • Nausea or vomiting.
  • Balance problems or dizziness, or double or blurry vision.
  • Bothered by light or noise.
  • Feeling sluggish, hazy, foggy, or groggy.
  • Confusion, or concentration or memory problems.
  • Just not “feeling right,” or “feeling down”.

If you were involved in a road traffic accident where airbags deployed and you were not taken to hospital, this could feature as a possible defence to any subsequent charge brought against you. This is an issue we commonly explore in dangerous driving cases where adrenalin may kick in and mask the symptoms of a head injury. You may have waived off the need for medical attention but when you have suffered a head injury, you are not the most reliable person to assess the need for treatment.

Not only could a head injury present a serious risk to life, it could also mean you have impaired understanding of the police questions and procedures you may be required to follow if arrested following the collision. This could be a highly relevant issue if you are facing a serious prosecution such as dangerous driving, or causing death or serious injury by dangerous or careless driving.

“What are airbags?”

Airbags are a car safety feature that rapidly inflates and immediately deflates to provide cushioning and protection to the car interior such as the steering wheel and dashboard. Airbags must inflate quickly to fully inflate by the time the body moves in reaction to a collision. Rear-end shunts should not activate the airbag to deploy. Airbags should be used in conjunction with seatbelts and reduce the overall risk of injury for vehicle occupants. The National Highway Traffic Administration in the United States estimates that from 1987 to 2015, frontal airbags saved 44,869 lives.

“Can airbags cause harm?”

Although airbags can provide further protection to vehicle occupants, they can also cause harm in the following situations:

During pregnancy

pregnancy motoring offenceConcerns have been voiced regarding the impact airbag deployment can have on unborn children. When pregnant, the car seat should be positioned as far back as possible to avoid the deployment zone.

Hearing loss

hearing loss motoring offenceAirbag inflation in low-speed crashes can cause hearing loss. Whilst infrequent, hearing loss can be caused due to the increased pressure within the vehicle and the noise of the airbag firing.

Driver position

driver position motoring offenceAirbags are designed to operate with drivers and passengers in the optimum position and should they not be, there is a risk of injury if the occupant gets in the way of the deployment path.

Short and light drivers

short and tall drivers motoring offenceLinked with driver position, research indicates that lighter drivers under 55kg, and shorter drivers of under 160cms are at a greater risk of airbag injury. This may be due to the positioning of the driver’s seat being closer to the steering wheel and peddles, which means that these drivers are also closer to the airbag deployment zone.

Drivers with disabilities

disabled drivers motoring offenceSteering devices with a fixing bar that crosses the center of the steering wheel should not be used with an airbag. If a driver’s disability or positioning requires them to sit within the deployment zone, or they need to place their arm across the wheel to steer, the use of an airbag may be inadvisable. However, manufacturers have developed smart airbags which can alter the performance of the airbag in relation to a driver’s position and so only on very rare occasions should it be considered necessary to disable a driver’s airbag and only when all other adaptions have been considered.

Child seats

rear facing child seat motoring offenceRearward-facing child seats

If an airbag is triggered and the child seat is rearward-facing, it will hit the child seat and accelerate the seat and the child towards the rear of the vehicle.

forward facing child seat motoring offenceForward-facing child seats

Even with forward-facing child seats, airbags can impinge on the restrained child if the car seat is positioned too far forwards or if the child is not securely fitted.

“How can I aim to avoid problems caused by airbags?”

  1. Always wear a seatbelt and adjust this to fit tightly.
  2. Do not put rearward-facing child seats on the front passenger seat where there is an airbag fitted.
  3. Only place a forward-facing child seat on the front passenger seat if it can be positioned to avoid the airbag deployment zone.
  4. Position the driver’s seat as far back as possible whilst ensuring the safe and secure operation of vehicle controls.
  5. Drivers should use the ten-to-two or quarter-to-three hand position on the wheel whilst driving.
  6. If a disabled driver needs to sit within the airbag deployment zone or to drive with their arm across the wheel, consideration should be given as to whether they are safe to drive with an airbag.
  7. If airbags are deployed, they should be replaced.
  8. Where airbags have not been deployed, they should be replaced in accordance with the manufacturer’s recommendation (usually after 10 years).

DNA evidence

DNA evidence motoring offenceAirbag deployment could be a signal that there may be a valid defence to a charge due to a potential issue with your fitness to be detained by police. However, in collisions where there were no witnesses and the police lack evidence to prove you were the driver of the vehicle, airbag deployment could work against you. In cases where the police lack evidence to place you behind the wheel at the point of impact, the police may retain the airbag for DNA testing in an effort to close this hole in the evidence.

If you were involved in a collision where the police are investigating possible dangerous driving or more serious charges, we strongly recommend you make contact with us at the earliest stages.

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JS Miller Solicitors specialise in serious motoring prosecutions and high value personal injury claims. Call our team of serious motoring prosecution solicitors for some free initial advice.

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