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Failure to Install Side Curtain Airbags: When Car Manufacturer Profits are More Important Than Safety 


Side curtain airbags have become a critical safety feature in modern vehicles, especially in side impact collisions and rollovers. Deployed from the roofline above the windows, they are designed to protect the head, neck and upper torso—and help prevent partial or full ejection from the vehicle during a side impact or rollover crash.

Yet despite their undeniable importance, some automakers failed to install side curtain airbags from certain vehicles, models or trim levels. 

At Lucas Law Firm, we’ve handled failure to equip or install side curtain airbag or rollover curtain airbag cases all over the country. Our trial team prepares airbag lawsuit cases for individuals who suffered fatal or disabling brain and spinal cord injuries due to missing or defective side curtain airbags.

In this article, we’ll cover:

  • What side curtain airbags do—and how they differ from other types
  • Real-world examples of airbag defects and omissions
  • Government standards like FMVSS 214
  • When to contact a defective airbag lawyer for a crashworthiness claim

What Are Side Curtain Airbags?

Side curtain airbags cover the side window openings and deploy from the roofline above the window. Their primary purpose is to:

  • Reduce head and cervical spine trauma
  • Prevent ejection during rollovers and lateral crashes
  • Protect both front and rear seat occupants

They differ from side torso airbags, which inflate from the seat or door and primarily protect the ribs and pelvis.

Side Airbags vs. Curtain Airbags

While the terms are sometimes used interchangeably, there’s an important distinction:

  • Side airbags generally refer to torso-level protection
  • Curtain airbags cover the window and are dedicated to head protection and ejection mitigation

Together, they make up a complete side-impact safety system—but many vehicles include only one or the other, leaving occupants vulnerable.

Why Side Curtain Airbags Matter in Side Impact Crashes

About one-third of occupant deaths occur in side impact collisions, according to the IIHS. These crashes often involve:

  • Minimal crumple zone, especially at the doors
  • Intrusion into the passenger compartment
  • Unprotected head contact with pillars or windows
  • Risk of ejection through open or broken windows

A study by the Harborview Injury Prevention & Research Center found that:

  • Occupants without side curtain airbags were 15 times more likely to be partially ejected in side crashes
  • In rollovers, the risk was 3 times higher without curtain airbag protection

That kind of risk makes the absence—or malfunction—of curtain airbags a potential design defect.

Are Side Curtain Airbags Required by Law?

There is no federal law specifically requiring side curtain airbags. However, manufacturers use them to comply with FMVSS 226, which requires ejection mitigation for all vehicles manufactured in 2018 or later.

And FMVSS 214—the standard for side-impact protection—measures forces on the head, ribs, and spine during simulated crashes. Curtain airbags are a primary tool for meeting those standards.

In short: they may not be explicitly required, but if a manufacturer omits them in a high-risk vehicle, or if the system fails, it could lead to liability under crashworthiness law.

Real-World Lawsuits and Recalls Involving Side Curtain Airbags

Vehicle manufacturers have repeatedly faced airbag lawsuits and recalls over side curtain failures:

Toyota (2024)

In June 2024, Toyota recalled approximately 145,000+ vehicles due to a potential airbag defect. The recall affects the 2024 Toyota Grand Highlander and the 2024 Lexus TX

According to Toyota, the curtain shield airbags may not deploy properly during certain crashes if the third-row seat window is rolled down. This defect could increase the risk of injury to passengers in a side-impact or rollover crash.

Ford Maverick

In 2022, Ford recalled nearly 65,000 Maverick trucks after discovering the side curtain airbags didn’t meet federal ejection mitigation standards. Affected vehicles, built between February and July 2022, required updated curtain airbag assemblies to ensure proper protection in a crash.

Nissan & Infiniti

Facing a class action lawsuit for side curtain airbags that deploy spontaneously, potentially causing injuries or crashes.

2023 Jeep Wagoneer & Grand Wagoneer

In 2023, Stellantis recalled more than 44,000 Jeep Wagoneer and Grand Wagoneer SUVs from model years 2022 and 2023. The issue? Improperly installed B-pillar trim that could interfere with side curtain airbag deployment, increasing the risk of injury in a crash.

Takata (Historical)

While primarily a frontal airbag issue, Takata’s inflator problems extended to some side curtain units, leading to violent deployments or failures.

When Airbags Are Missing Altogether

Some automakers choose not to equip certain vehicles with side curtain airbags at all.

This becomes a legal issue when:

  • The risk of rollover or side impact is foreseeable
  • Comparable vehicles offer side curtain airbags as standard
  • The manufacturer made the omission to save cost, not for safety or technical reasons

In those cases, Lucas Law Firm may pursue a crashworthiness claim—arguing that the vehicle was unreasonably dangerous because a feasible safety feature was left out.

When to Contact a Defective Airbag Lawyer

If you or a loved one was seriously injured in a side impact crash, and your vehicle either lacked side curtain airbags—or the airbags didn’t deploy—you should talk to an experienced auto defect lawyer immediately.

Signs of a potential defect include:

  • Partial ejection from the vehicle
  • Severe head or spinal injuries despite seatbelt use
  • No curtain airbags installed, even in newer vehicles
  • Airbags failed to deploy in a side impact or rollover
  • A recall or known defect affecting your make and model

Lucas Law Firm investigates these cases with experts in biomechanics, vehicle testing, and automotive design. We uncover what went wrong—and we hold manufacturers accountable.

Talk to an Airbag Lawsuit Attorney at Lucas Law Firm

Side curtain and rollover curtain airbags save lives. If they were missing, defective or failed to deploy, we want to hear your story.

We’re the firm other attorneys trust for high-stakes auto defect litigation. We investigate vehicle safety systems, prepare cases for trial and pursue full accountability from automakers when preventable injuries occur.

Contact Lucas Law Firm today to speak with a defective airbag lawyer about your crash, injuries and legal options.

FAQ: Side Curtain Airbags and Legal Claims

What are side curtain airbags?

They are airbags that deploy from the roofline to protect occupants’ heads and prevent ejection in rollovers or side impact collisions.

What’s the difference between side airbags and curtain airbags?

Side airbags protect the torso. Side curtain airbags protect the head and neck—and prevent partial ejection.

Are airbags required by law?

Federal law requires ejection mitigation (FMVSS 226), which most automakers meet using side curtain airbags—but they are not explicitly mandated in all cases.

Can I sue if my car didn’t have side curtain airbags?

Yes—if the absence contributed to a severe injury, and the feature was feasible and commonly available, you may have a crashworthiness claim.

What if my side curtain airbags didn’t deploy?

You may have grounds for an airbag lawsuit. Non-deployment cases often involve wiring defects, sensor failures, or airbag control module errors.