If your car accident was caused by a tire bead failure you are likely asking questions like:
We understand the stress you are under and want to help. Wondering about your legal options? Learn more about 'How do I know I have a defective tire case?'
Most people know that the tire is the part of the car which comes into contact with the road. But it’s rare to find someone outside of the automobile industry who is aware of the parts of the tire – unless they’ve had to learn about the tire because a defect in their tire caused a serious accident.
One of the parts that can be defective, resulting in injuries to anyone who is behind the wheel or riding as a passenger, is the tire bead.
The wheel, which the tire sits on, has grooves in it. The tire bead is what sits in this groove. When a tire is properly inflated, the tire beads should be prevented from leaving the groove.
However, there are times when even a properly inflated tire has a tire bead failure.
There are several things that can result in a tire bead failure:
When the tire bead fails, the tire can rapidly deflate, explode, or the tread could separate. If this happens while the car is in use, the car will be forced to try and compensate on three tires, something it simply cannot do. The pressure from the explosion will either cause the car to roll or the driver to lose control and crash.
Continue Reading: What Is Tire Tread Separation & Why Is It Dangerous?
When talking about “regular” car accidents, it’s usually driver error that caused the accident. For example, a driver may have been texting and driving or intoxicated behind the wheel. However, when a part of the car is defective, it’s not the driver who was at fault.
Under product liability laws, the designers and manufacturers of tires are legally required to design and test their product to ensure that anyone who purchases it is safe if it is used properly. But often, these individuals and companies either fail to find a defect or they have already invested too much money into the process and are more concerned with making a profit than they are with keeping people safe. When the responsible party fails to keep their customers safe, they risk being named the defendants in a defective product lawsuit.
In addition to the designers and manufacturers, if an automobile shop mounts the tire incorrectly, they too can be held liable.
The moments after a car accident are always stressful and shocking, especially when the driver and passengers were following the rules of the road and being safe. While the police should make a full report regarding the cause of the accident, they may not be able to identify what happened. This is why the victims of the accident should contact an attorney as quickly as possible.
An attorney can ensure that the car and any parts, like the tires, are preserved and fully examined by specialists who can determine the cause of the accident. Then, if the victims choose to pursue legal action, there will be physical evidence to support their claim.
Insurance should pay for damages to the vehicle and for the medical expenses of those covered. However, every single policy has its limits and when the victims are seriously injured, the limits for medical expenses are quickly reached.
For example, the minimum amount of coverage required by the state of New York is $25,000 per person and $50,000 per accident. In other states, the required minimum is even less. However, if just one of the victims sustains a spinal injury, the average cost for their medical treatments is between $300,000 and $1,00,000 in the first year alone.
This is why it’s not uncommon for victims to file a lawsuit after they’ve been injured. A lawsuit can provide the plaintiffs with the compensation they need to pay for their medical expenses.
When a plaintiff obtains compensation, either through a settlement or a verdict, the amount awarded to them varies. This is because compensation is based on a plaintiff’s actual losses, both past and the estimated future, and no two plaintiffs have the exact same losses.
All in all, compensation can cover:
Prior to trial or settlement, there is no way to accurately predict the value of a personal injury lawsuit.
In cases where the victim died from the injuries they sustained, their loved ones have the right to file a wrongful death lawsuit. This is similar to the defective product lawsuit that the victim likely would have filed if they had survived.
In addition to any medical expenses for treatments the victim required before their death, their loved ones may also be able to obtain compensation for:
Generally, the loved ones who are allowed to pursue legal action are the parents, children, and spouses of the deceased.