Car accidents involving burn injuries are some of the most traumatic cases we see. When a vehicle fire or airbag malfunction causes severe burns, the physical, emotional, and financial toll for accident survivors can be massive. If you or a loved one is suffering from a car accident burn injury, you may be dealing with painful medical treatments, unexpected time away from work, and costly rehabilitation for who knows how long.
Managing the physical and financial path to recovery can be incredibly overwhelming and isolating. However, you are not alone.
At Greenspan & Greenspan Injury Lawyers, we understand how devastating the aftermath of these accidents can be. Our team is here to help you understand your legal options and fight for the justice you deserve.
Understanding Car Accident Burn Injuries
Car accidents can result in serious burns in several ways. Fires, hot engine parts, chemical exposure, or even faulty airbags can cause significant and life-changing skin damage. A car accident burn injury may fall into one or more of the following categories:
- Thermal burns—caused by contact with flames, hot surfaces, or steam from ruptured engine components;
- Chemical burns—resulting from battery acid, leaking fuel, or other hazardous substances involved in the crash;
- Friction burns—often from seatbelts, airbags, or sliding across vehicle interior surfaces during high-speed collisions; and
- Electrical burns—caused by damaged vehicle wiring or short circuits, often occurring in rollover accidents or severe rear-end collisions.
Medical professionals measure the severity of these injuries in degrees. While first-degree burns only affect the outer skin layer, second-degree burns penetrate deeper into the dermis, and third-degree burns destroy tissue and nerve endings entirely. Depending on severity, these injuries could require skin grafts, long-term hospitalization, or even permanent disability accommodations.
Legal Options After a Burn Injury from a Car Accident
New York is a no-fault insurance state, meaning that after most car accidents, your personal injury protection (PIP) insurance covers your basic medical expenses and lost wages, regardless of who was at fault.
However, if your car accident burn injury is deemed “serious” under New York Insurance Law, you may file a personal injury lawsuit for full damages, including pain and suffering.
Under New York’s personal injury statutes, you generally have three years from the accident date to file a lawsuit. If your injury was caused by a government entity (e.g., due to a poorly maintained roadway or municipal vehicle fire), you may face additional notice requirements under New York General Municipal Law, which requires filing a notice of claim within 90 days of the incident.
Compensation for a burn injury after a car accident is dependent on the circumstances of the accident and severity of injuries, but it may include:
- Emergency and ongoing medical expenses (hospitalization, surgery, skin grafts);
- Prescription medications and pain management;
- Lost wages and reduced earning capacity;
- Pain and suffering, both physical and emotional;
- Scarring, disfigurement, or permanent disability; and
- Mental health counseling or trauma therapy.
In some cases, punitive damages may also be awarded if the conduct that caused your injury was reckless or grossly negligent, such as in DUI accidents or known defective vehicle component cases.
Can I Sue for an Airbag Burn?
Yes, if you suffered an airbag burn during a car accident, you may be able to file a product liability claim if the airbag did not function as intended. While airbags are designed to save lives (and often do), they can deploy with explosive force, reaching high temperatures. The combination of the explosion and heat can lead to abrasions, chemical burns, or more serious injuries to the face, chest, and arms.
The National Highway Traffic Safety Administration (NHTSA) has investigated numerous cases where airbags deployed improperly or too forcefully, leading to injuries. For example, in 2024, defective Takata airbags were found to explode with shrapnel, causing severe injuries and even fatalities. Those particular airbags have since been recalled.
If a defective airbag or faulty deployment contributed to your injury, you may be able to bring a claim against the manufacturer, a vehicle assembler, or other responsible third parties.
In these situations, it is best to preserve the airbag and vehicle components as evidence after an accident to help determine how the injury occurred. An experienced car accident burn injury lawyer can work with forensic experts and product engineers to examine the cause of the malfunction and help build a strong legal claim. Even if you could not save the airbag or vehicle components, you may still have a strong case, so do not let that stop you from taking legal action.
Why You Need a Car Accident Burn Injury Lawyer
A dedicated car accident burn injury lawyer can help you:
- Gather and preserve crucial evidence, such as accident reports, dashcam footage, and medical records;
- Identify all responsible parties (e.g., drivers, manufacturers, employers, or government agencies);
- Consult with burn specialists, rehabilitation experts, and financial planners to calculate the full scope of damages;
- Handle negotiations with insurance companies who may try to minimize your claim; and
- File a strong, timely claim that complies with New York law and anticipates defense strategies.
At Greenspan & Greenspan, we do not sit back and hope for the best; we take swift, aggressive action to protect our clients’ interests. From managing medical records and tracking down eyewitnesses to presenting your case in court if needed, our advocates deliver diligent and personalized legal representation.
What Makes Greenspan & Greenspan Injury Lawyers Different?
Our mission goes beyond getting you the most money possible. We are committed to your full recovery, which includes medical treatment, rehabilitation, and ongoing support. We will work tirelessly to recover lost income, reduce out-of-pocket expenses, and help you plan for the future.
We are not only concerned with your immediate needs; we strive to preserve your long-term well-being. Whether that means connecting you with top medical professionals or negotiating future care costs into your settlement, our team is by your side through every stage of the process. We understand that every burn injury case is personal and complex, so we listen carefully to your story, symptoms, and goals.
Whether you are dealing with a burn injury after a car accident or wondering, “Can I sue for an airbag burn?” our skilled legal team is ready to help you find the best way forward.
Take the Next Step Toward Healing
If you or someone you love has suffered a car accident burn injury, do not face the legal system alone. Since our founding in 1959, the advocates of Greenspan & Greenspan have made it our mission to deliver compassionate and high-quality legal representation for New Yorkers injured through no fault of their own.
Contact our office today for a free, no-obligation case evaluation. Let us help you get the treatment, compensation, and peace of mind you need.
