Not all motor vehicle accidents result from another person's reckless actions, such as speeding or distracted driving. In some cases, these tragic collisions can result from a defective tire. Yet, the result is often the same—catastrophic injuries, debilitating pain, and colossal medical bills that will forever turn a person's life upside down. However, if you suffered from this disastrous accident, you should not be on the hook for the financial repercussions.
You deserve compensation for the injuries, losses, and repairs the defective tire caused.
That is why, in this post, we will go over everything you need to know about these accidents. We'll tell you how to file a legal claim after a crash due to a defective tire and how an experienced product liability lawyer can handle this legal fight for you and obtain the monetary damages you deserve.
How Does a Defective Tire Result in a Motor Vehicle Accident?
When there is a defect in the tire, there is a good chance it will blow out or explode unexpectedly, causing motorists to lose control of their vehicles, leading to skidding, spinning, swerving, and even rolling over. These accidents can also result in crashes that involve multiple cars.
Yet, while tire defects can involve numerous issues, some of the more common problems that lead to these faulty tires include:
- Insufficient materials
- Poorly designed tires
- Inadequate quality control testing
- Inadequate safety testing
- Negligent quality standards
- Damaged tires during the mounting process
- Manufacturing and design defects
- Aged tires
- Tread or belt separation
- Foreign materials in the tire
- Trapped internal air pockets in the tire
Although the more common causes of defective tires happen during the design or manufacturing process, these defects can occur at other points too, such as during installation. As a result, if a defective tire harmed you, you should reach out to an experienced product liability attorney as soon as possible. These lawyers can not only figure out the cause of the accident and whether a defect in the tire is to blame, but they can also help you figure out the legal options you can pursue.
In addition, drivers should regularly check their tires and, if needed, rotate and replace them, especially if the tires appear worn. This can decrease the accidents that can occur and ensure the wheels are in proper working order.
Common Injuries Resulting From a Defective Tire Car Accident
The resulting injuries can be catastrophic when it comes to defective tire accidents.
Yet, while the severity of these injuries will often depend on the circumstances of the accident, the most common injuries that result from a defective car crash typically include:
- Traumatic brain injuries
- Back and neck injuries
- Damage to the spinal cord
- Deep lacerations
- Internal bleeding
- Wrongful death
Filing a Claim Following a Car Accident Due to a Defective Tire
Following an accident due to a defective tire, there are usually two ways a victim of the accident can seek compensation for their damages and losses: filing an insurance claim or filing a lawsuit against the wrongful party.
Filing an Insurance Claim
Depending on the circumstances of the accident, victims of these crashes can try to pursue compensation for their injuries by filing an insurance claim. This claim can lead to settlement negotiations with the insurance company, where the parties will go back and forth trying to reach an agreement.
However, while people may believe that an insurance company will want to help them get the money they need after an accident, obtaining a fair settlement from the insurance company is not easy. Most of the time, these insurance companies will try to play hardball and offer claimants the least amount of money possible.
Why? Because the less amount the insurance company has to pay, the more money they will make. That is why the insurer and their adjusters will try any tactic to get you to admit fault for the accident or say something that can justify them offering you less compensation than you deserve or denying your claim.
For these reasons, it is often in your best interest to reach out to a skilled product liability lawyer as soon as possible following this accident. These attorneys can help you not only understand the deceitful practices the insurance company may try on you, but they can even take on these discussions with them on your behalf, ensuring that you do not say or do anything that can hurt your case and ultimately the money you can collect.
Filing a Lawsuit
If it does not look like the other side is willing to reach a fair settlement agreement, the next step may be filing a lawsuit against the wrongful party. However, holding a manufacturer or others liable for a defective tire is not a simple process and requires proof that the wrongful party's actions caused the accident. Fortunately, to bring a successful product liability claim, you may employ several legal theories.
A negligence claim, for instance, is defined as a failure to behave with the care that another individual of ordinary prudence would have conducted themselves under the same or similar circumstances. You may bring these claims if a company knew or should have known about the risks associated with a product.
Yet, to prove negligence, you must establish:
- The wrongful party owed the victim a duty of reasonable care, such as making sure the tire was safe to sell.
- The wrongful party breached this duty.
- The victim suffered extensive injuries and substantial monetary damages because of this breach.
However, if the accident victim cannot prove negligence, they may still be able to recover financial damages by proving fault under a different legal theory. For example, under a strict liability claim, the manufacturer and others in the manufacturing chain can be held liable for a car accident due to a defective tire, regardless of their efforts to make the product safe.
All the injured individual would have to show is that a product defect existed, posed an unreasonable danger, and the victim’s injuries resulted from this product defect.
As you can see, proving liability and figuring out the best way to bring a legal claim is not easy. However, when you work with a product liability attorney, you will not have to do this yourself. Instead, these legal professionals can handle this claim for you, determine the legal options you can pursue, and help you fight for the financial damages and justice you deserve.
Who are the Liable Parties Following an Automobile Crash Due to a Defective Tire?
After an automobile crash due to a defective tire, many parties can be responsible for the incident and the resulting injuries.
Yet, depending on the product’s distribution chain, the most common defendants in these accidents generally include:
- Other parties
Yet, figuring out which of these parties you can hold accountable for your car accident is often a challenging undertaking. That is why you must contact an experienced product liability attorney as soon as possible after a car crash. These legal professionals can help you figure out not only what happened and who caused your accident, but they can make sure to hold all the at-fault parties answerable for the injuries and losses you suffered.
Monetary Damages You May Pursue Following a Motor Vehicle Accident Due to a Defective Tire
If you can pursue a lawsuit following a car accident due to a defective tire, you may be able to obtain compensation for a wide variety of damages. Typically, these damages break into these categories:
These types of damages refer to payment for the actual losses that result from an accident.
They usually include:
- Current and past medical bills related to hospital stays, surgeries, doctor visits, medical prescriptions, other medical treatments, and emergency services including ambulance rides
- Future medical expenses due to ongoing treatment
- Lost wages
- Personal property damages, including replacement and repair costs
- Reduced earning capacity
- Rehabilitative therapy
- Replacement domestic services costs
- Other costs due to the accident
These damages refer to payment for the subjective, non-monetary losses that result from an accident.
These losses usually include things such as:
- Mental anguish
- Loss of quality and enjoyment of life
- Loss of companionship
- Reputation loss
- Limb loss
Yet because these monetary damages range from easily verifiable to hard-to-quantify losses, it may be best to work with an experienced product liability attorney to figure out which of these damages you can go after.
These lawyers can review the circumstances of your accident, figure out what happened, and determine which of these damages may apply to your case. These attorneys can also make sure to prepare the strongest legal claim on your behalf, helping you fight for the maximum compensation you deserve.
The Time Limitations You Have to Pursue an Injury Claim Following a Car Accident
According to the statute of limitations, individuals will only have a certain time to file a lawsuit following an alleged offense. And while this period will vary depending on the state where the accident occurred and the circumstances of the accident, in general, victims of a car crash due to a defective tire will only have a few years to file their suit. Yet, if exceptions apply to this rule, this statutory deadline can change.
As a result, reaching out to a product liability lawyer as soon as possible after your accident is a good idea. These attorneys can determine how much time you have to file your legal case and help ensure that all your files, motions, and documents are prepared and submitted to the proper court before time expires.
Fight for the Justice and Compensation You Deserve Following a Car Accident Due to a Defective Tire
As a victim of a defective tire motor vehicle accident, you may be eligible to receive compensation for the harm and losses you endured. However, obtaining this compensation often requires solid legal arguments and relevant evidence showing what happened and who was at fault, which is probably the last thing you want to focus on while recovering and healing after this devastating crash.
Fortunately, with an experienced product liability attorney on your side, you will not have to take on this complex legal battle by yourself.
Instead, once hired, your lawyers can:
- Go over the facts of the motor vehicle accident with you in detail, figure out if you have a viable case you can pursue, and determine your legal options.
- Answer all your questions and concerns regarding the incident and the legal proceedings involved.
- Analyze the crash and find evidence that can prove liability and the extent of your damages.
- Bring in the experts to validate your claims, such as engineers, accident reconstructionists, financial specialists, and medical care professionals.
- Take on the settlement negotiations with the other side and the insurance company and fight for the fair offer you need.
- Proceed to trial if the insurer is unwilling to negotiate fairly and go after the maximum financial recovery you deserve.
If you or a loved one sustained harm in a car crash due to a defective tire, do not wait to get legal help. Instead, contact an experienced personal injury lawyer today for a free case evaluation, and find out how these lawyers can help you fight for your rights and go after the justice you deserve.