Who is Responsible For Crashes Caused By Tire Bead Failures?
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.
How Do Victims Know If They Can File A Lawsuit?
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.
Why Would A Victim File A Lawsuit? Won’t Insurance Pay For Losses?
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.
How Much Is A Defective Tire Lawsuit Worth?
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:
- medical expenses
- lost earnings
- physical pain and suffering
- emotional trauma
Prior to trial or settlement, there is no way to accurately predict the value of a personal injury lawsuit.
What Can I Do If My Loved One Died In A Defective Tire Accident?
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:
- loss of inheritance
- loss of benefits
- loss of consortium
- funeral and burial expenses
Generally, the loved ones who are allowed to pursue legal action are the parents, children, and spouses of the deceased.