What Is Negligence?
Negligence occurs when one party fails to do what would be considered reasonable in order to keep others safe. When talking about products, the designers and manufacturers are responsible for creating a product that will perform the way it is designed and advertised to do. While it is normal for these individuals to determine there is a defect or flaw in the product, this should occur during the design or testing stages when the necessary modifications can be made and no lives are put at risk.
Yet each year, tires are put out into the market that will put drivers and their passengers at great risk because companies fail to properly test their product, fail to find the defect, or are so concerned with their profit that they choose to sell a product they know may put others in danger.
Tire Defect Lawsuits
Sadly, there is more than one way for a tire to malfunction. Lawsuits have been filed by victims who were injured due to:
Tread separation occurs when the tread of the tire, which is the outer part that comes into contact with the road, comes off of the inner body of the tire. Most tires of constructed of rubber and steel but it can be difficult to get the rubber to adhere to the steel. If not properly adhered, separation may occur while a vehicle is traveling at high speeds or during hot weather. This can result in the car careening out of control.
Explosions / Blowouts
Blowouts occur because of a weak spot on the tire causing the air to suddenly release. This can happen in a matter of seconds and because of the loss of air, the tire is no longer able to support the vehicle.
The tire bead sits on the wheel of the vehicle and grips the wheel. If the bead fails, the driver will lose the ability to steer.
Although a tire doesn’t actually have a zipper, if the sidewall fails and the tire explodes, the resulting sidewall looks like a zipper. This type of failure tends to happen while the tire is being inflated and will hurt the person putting the air in.
The bottom line is, if a defect caused an injury, the victim’s have the legal right to seek monetary compensation from the responsible party.
How Does A Victim Determine If A Tire Was At Fault?
When an auto accident occurs, the police investigate the cause and create an accident report. However, depending on how much damage was done to the vehicle and all of the other tires, they may not be able to immediately determine that a tire defect caused the accident. That’s why it’s important to contact an attorney as quickly as possible.
Our firm works closely with specialists who can examine the tire, the car, and the accident scene to determine if a tire defect resulted in the accident. Then, we help the victims navigate the process of filing a complaint that can provide them with the compensation they need.
What Does Compensation Cover?
The compensation obtained through a tire defect lawsuit could completely cover the losses sustained by the plaintiff due to:
- Medical expenses for medical treatments relating to injuries caused by the accident.
- Lost earnings.
- Physical pain and suffering.
- Emotional trauma.
The amount that each plaintiff gets is based on their actual losses and so varies widely from case to case.
Does It Matter If The Tire Was Recalled?
No. Recalls happen all the time but just because the company has issued a recall doesn’t mean they are no longer liable for any injuries that were sustained because of the tire they are recalling.
How Long Does A Lawsuit Take?
There are many factors which can impact how long a lawsuit takes but clients should expect that the lawsuit will take at least several months for the lawsuit to reach its conclusion. This shouldn’t be considered a reason for not filing – in order to collect evidence to support the claim, our experienced legal team needs time. Then we will be fully prepared to either negotiate a settlement agreement or take the case to trial, depending on what our client wants.