Do I Sue if a Bad Tire Caused an Accident?
When a tire fails while driving, the resulting accident can be catastrophic. Often when these types of accidents occur, a defective or faulty tire can be the reason.
If you or a loved one were injured in a car accident due to a defective tire, you might be eligible for compensation. There are many reasons why a tire may have caused the accident. Finding the cause and what party is responsible can be difficult. Having aon your side can make a big difference.
How Do Defective Tires Cause Car Accidents?
A vehicle’s tire is the only component that touches the road. If a tire fails, the driver can lose complete control of the car. The resulting accident can cause injuries to the occupants of the vehicle and other vehicles in the area. Pedestrians can also be victims of defective tires if they are hit by the car.
Defects in vehicle tires can happen when a weak point in the tire is compromised. This can be due to manufacturing defects, design defects, unsafe tire repairs, or negligence in maintenance. Common tire defects include:
Tread Separation. The tire’s tread is the part of the tire that lays flat on the road and has grooves on it. At times, the tread may separate from the tire, causing the driver to lose control. This can happen to new and old tires, depending on the reason for the tread failure. New tires that have tread separation are likely due to a manufacturing defect.
Blowouts. Tire blowouts can happen at several points on the tire – in the tread, sidewall, or where the tire seals to the rim. With a defect, the tire may separate from the seal or bead it has on the rim, causing massive air loss, resulting in loss of control of the vehicle. If the failure is the sidewall, a sidewall zipper could be the cause.
Who Is At Fault for a Defective Tire?
At the time of an accident, it is often difficult to determine why the tire failed. Manufacturing defects and design flaws are most common for new tires. In these cases, the manufacturer could be found at fault for the defective tire.
The tire may have been fine when it left the manufacturer, meaning someone else would be at fault for its failure. This party could be a tire repair shop or mechanic that may have fixed the tire. A used tire shop may also have altered the tire in some way to cause the defect. The vehicle manufacturer that installed the tire on the car new can also be responsible.
It is possible to seek compensatory damages if you are injured in a car accident where a defective tire is a reason. Get an attorney involved early.
It is possible that the vehicle owner is at fault as well if they overinflated or modified the tire or vehicle in a way to cause it to fail. In this scenario, if someone else is involved in an accident involving this faulty tire, they may be able to file a claim against the vehicle owner.
What To Do If You Think Tire Failure Caused Your Accident
If you are in a car accident and you think that a defective tire may have been the cause, you will want to make sure to document the incident thoroughly if you can. At the scene, tires are often not found to be an obvious culprit, and the car may be taken away before there is a chance to inspect the tire. Make sure to:
- Preserve the car
- Get pictures of the tread and preserve the tires
- Send a survey team to the scene if possible
- Contact an attorney
What Damages Can I Seek in a Defective Tire Lawsuit?
It is possible to seek compensatory damages if you are injured in a car accident where a defective tire is the cause. Compensatory damages are divided into economic and non-economic damages. Economic damages have a dollar value associated with them, while non-economic damages are based on pain, loss, and suffering. Damages in a car accident case can include:
- Medical bills
- Future treatment needs
- Lost income
- Lost future earning potential
- Pain and suffering
Getting a Defective Tire Accident Attorney
If you or a loved one have been injured due to a defective tire, call Bighorn Law. Thehave experience with car accident cases and have dealt with specific defective tire cases. Start getting help today by calling 702-935-6209.