Find a car defect lawyer in Austin after an airbag or seat belt failure

If an airbag or seat belt failed in an Austin crash, keep the car and its crash data before anyone repairs or sells it. A tow yard only has to mail you a notice by the fifth day. Texas gives you 2 years to sue, and a seller that did not make the part is usually protected.

Last checked November 9, 2026 · Official sources (40)

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Road map of Austin showing Interstate 35, US 183 and Ben White Boulevard, the high-speed roads Austin Police names for serious crashes
Texas generally ends defect claims 15 years after the car was sold. Map data © OpenStreetMap contributors.

Who writes the report when an airbag fails in an Austin crash?

Usually Austin Police inside the city and the Travis County Sheriff outside it. Austin Police investigated 10,312 crashes in 2025, and the Sheriff investigated 3,138. Police do not come when cars are drivable and no one is hurt. A failed airbag or belt often means someone is hurt, so say so when you call 911.

WhereWhat it costs and how longNote
Austin PoliceSold through LexisNexis BuyCrashOnly people directly concerned can buy it
Travis County Sheriff$6 plain, $8 certified, 2 to 10 daysRecords office at 5555 Airport Blvd.
TxDOT CR-3 copy$6 online, $8 certifiedPolice send it within 10 days

Why keep the car after a seat belt or airbag failure in Austin?

The car is the main proof. A tow yard in Texas must mail the registered owner a notice by the fifth day, and a car that sits in a lot can be sold or crushed after that. Texas also expects both sides to save evidence once a claim is substantially likely.

  1. Photograph the airbag, belt, dashboard warning lights and the damage before the car leaves the Austin scene.
  2. Ask the Austin tow yard in writing to hold the car and not sell it, repair it or release it to the insurer.
  3. Do not let anyone download the event data recorder yet. A download needs special equipment and access to the car.
  4. Know what the recorder can show: seat belt use, speed and pedal use, in a window of about 30 seconds or less.
  5. Remember that others generally need your consent or a court order to read it.

Is there a recall on your car?

Check the VIN on the federal recall site. It shows open recalls for your exact car, but not repairs already done. The maker must fix a recalled defect free. A recall notice does not cancel your right to sue.

Airbags are a known problem area. Recalled Takata inflators may explode, so do not keep driving a car with an open airbag recall. You can report a problem to the Vehicle Safety Hotline at 888-327-4236.

Who can you sue in Texas over a defective airbag or seat belt?

WhoWhat Texas requires
Carmaker or part makerYou must prove a safer alternative design existed
Maker that met federal standardsA court presumes no liability unless you rebut it
Dealer or seller that did not make the partUsually not liable, unless it knew of the defect
Anyone, for an old carClaims generally end 15 years after the sale

The crash itself may also have a driver at fault. If you carry more than 50 percent of the blame for the crash, Texas bars recovery. A defect claim often sits beside a regular crash claim.

What insurance pays first while the defect claim is pending?

Your own policy and the other driver's, not the carmaker. The Texas minimum is $30,000 per person and $60,000 per crash for the other driver's policy. Your policy must include uninsured motorist coverage unless you rejected it in writing, and personal injury protection pays reasonable expenses to you and your household.

Serious injuries from an Austin crash go to Dell Seton, a Level I trauma center. Hospital bills from a crash can raise a lien, which Texas allows only if you were admitted within 72 hours.

What if a City of Austin vehicle was in the crash?

Your deadline shrinks. Austin says a claim letter is due within 45 days of the incident, sent to the Law Department at P.O. Box 1546 or [email protected]. The state rule is 6 months, but the charter says missing the city notice excuses the city.

Questions

How long do I have to sue over an airbag defect in Austin?

Generally 2 years in Texas. A claim against the city needs a letter in 45 days.

Can I get the crash report if Austin Police did not come?

You can still report the crash, and TxDOT no longer keeps driver-filed CR-2 forms, so keep your own copy.

Does a recall mean I win?

No. A recall is a notice and a free repair, and it does not decide who is at fault.

Can I file a complaint about my car?

Yes. Complaints go into a public database without personal identifiers, and a pattern can point to a defect.

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Sources (40)

  1. Texas Occupations Code, Section 2303.151, checked 2026-11-09. “shall send a written notice to the registered owner and the primary lienholder of the vehicle not later than the fifth day”
  2. Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
  3. Tex. Civ. Prac. & Rem. Code § 82.003, checked 2026-11-09. “A seller that did not manufacture a product is not liable for harm caused to the claimant by that product unless the claimant proves”
  4. 49 CFR 563.11, checked 2026-11-09. “typically 30 seconds or less”
  5. 49 CFR 563.11, checked 2026-11-09. “special equipment is required, and access to the vehicle or the EDR is needed”
  6. Tex. Civ. Prac. & Rem. Code § 82.005, checked 2026-11-09. “there was a safer alternative design”
  7. Tex. Civ. Prac. & Rem. Code § 16.012, checked 2026-11-09. “a claimant must commence a products liability action against a manufacturer or seller of a product before the end of 15 years after the date of the sale of the product by the defendant”
  8. TxDOT, 2025 Crashes and Injuries by Investigating Agency, checked 2026-11-08. “AUSTIN PD 94 98 256 287 2,631 3,609 2,229 3,785 4,792 17,586 310 1,223 10,312”
  9. TxDOT, 2025 Crashes and Injuries by Investigating Agency, checked 2026-11-08. “TRAVIS COUNTY SO 2 2 78 86 613 805 404 630 1,918 5,524 123 279 3,138”
  10. Austin Police, Traffic Enforcement presentation (April 2023), checked 2026-11-08. “Vehicles are drivable and there are no injuries”
  11. City of Austin, Purchase an APD online crash report, checked 2026-11-08. “Purchase online crash reports for the Austin Police Department jurisdiction with LexisNexis”
  12. TxDOT, Crash reports and records, checked 2026-11-08. “Any person involved in the accident”
  13. Travis County Sheriff, Vehicle Accident Report, checked 2026-11-08. “Certified Report $8.00 Non-Certified Report $6.00”
  14. Travis County Sheriff, Vehicle Accident Report, checked 2026-11-08. “Reports can take 2 - 10 days to become available.”
  15. Travis County Sheriff, Vehicle Accident Report, checked 2026-11-08. “5555 Airport Blvd. Austin, TX, 78751 Monday - Friday 8:00 am-4:00 pm”
  16. TxDOT, Crash reports and records, checked 2026-11-08. “$6 for a regular copy.”
  17. TxDOT, Crash reports and records, checked 2026-11-08. “not later than the tenth day after the date of the crash”
  18. Brookshire Bros. v. Aldridge (Tex. 2014), checked 2026-11-09. “a party knows or reasonably should know that there is a substantial chance that a claim will be filed”
  19. 49 CFR 563.11, checked 2026-11-09. “Whether or not the driver and passenger safety belts were buckled/fastened”
  20. Driver Privacy Act of 2015, checked 2026-11-09. “may not be accessed by a person other than an owner or a lessee”
  21. NHTSA, checked 2026-11-09. “you'll learn if a specific vehicle needs to be repaired as part of a recall”
  22. NHTSA, checked 2026-11-09. “A safety recall that has already been repaired.”
  23. 49 U.S.C. § 30120, checked 2026-11-09. “shall remedy the defect or noncompliance without charge when the vehicle or equipment is presented for remedy”
  24. NHTSA, Motor Vehicle Safety Defects and Recalls, checked 2026-11-09. “the recall remedies are in addition to other available legal remedies”
  25. NHTSA, checked 2026-11-09. “subject to recall due to a safety defect that may cause them to explode and result in serious injury or death”
  26. NHTSA, Motor Vehicle Safety Defects and Recalls, checked 2026-11-09. “Call 888-327-4236”
  27. Tex. Civ. Prac. & Rem. Code § 82.008, checked 2026-11-09. “complied with mandatory safety standards or regulations adopted and promulgated by the federal government”
  28. Tex. Civ. Prac. & Rem. Code § 82.003, checked 2026-11-09. “the seller actually knew of a defect to the product at the time the seller supplied the product”
  29. Tex. Civ. Prac. & Rem. Code 33.001, checked 2026-11-09. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”
  30. Tex. Transp. Code § 601.072(a-1), checked 2026-11-08. “(1) $30,000 for bodily injury to or death of one person in one collision; (2) $60,000 for bodily injury to or death of two or more persons in one collision, subject to the amount provided by Subdivision (1) for bodily injury to or death of one of the persons; and (3) $25,000 for damage to or destruction of property of others in one collision.”
  31. Tex. Ins. Code § 1952.101(b)-(c), checked 2026-11-08. “unless the insurer provides uninsured or underinsured motorist coverage in the policy or supplemental to the policy. (c) The coverage required by this subchapter does not apply if any insured named in the insurance policy rejects the coverage in writing.”
  32. Texas Insurance Code 1952.151, checked 2026-11-09. “provide for payment to the named insured in the policy, members of the insured's household”
  33. Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “DELL SETON MEDICAL CENTER AT THE UNIVERSITY OF TEXAS 10/1/2028 O AUSTIN 78701”
  34. Tex. Prop. Code § 55.002, checked 2026-11-09. “For the lien to attach, the individual must be admitted to a hospital not later than 72 hours after the accident.”
  35. City of Austin, File a Claim, checked 2026-11-08. “You must send this letter within 45 days of the incident.”
  36. City of Austin, File a Claim, checked 2026-11-08. “City of Austin Law Department - Claims P.O. Box 1546 Austin, TX 78767-1546”
  37. Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-08. “not later than six months after the day that the incident giving rise to the claim occurred”
  38. City of Austin, Staff charter recommendations with charter text (May 2026), checked 2026-11-08. “shall exonerate, excuse and exempt the city from any liability whatsoever”
  39. TxDOT, Crash reports and records, checked 2026-11-08. “Drivers involved in a crash not investigated by a police officer who were provided a CR-2 or similar local agency form should retain this information for their records.”
  40. NHTSA, checked 2026-11-09. “Your complaint will be added to a public NHTSA database after personally identifying information is removed.”

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