Air bag didn't deploy in a head on collision, should I sue?

It was at 40 mph Head on with another car. The other cars airbags did go off, and they were going slower. I was driving an 05 civic it suffered moderate front end damage it's not drivable. The crash was ruled thier fault in the police report and I'm wondering if I can sue. I believe when you pay for something, and it doesn't work properly, especially for safety purposes. There should be some repercussions from the customer.