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A Legal Guide for Those Harmed by Defective Tires

Posted by Dmitry Gorin | Oct 29, 2021 | 0 Comments

A defective tire accident in the state of California is a car collision that was caused by a faulty tire.

A car tire can be defective due to a design or manufacturing defect, failing to provide proper warning of danger, or due to another person's negligence.

When manufacturers produce faulty tires, they put lives at risk. Secondhand sellers, mechanics, and others who fail to exercise caution may also produce or peddle dangerous tires.

Legal Guide for Those Harmed by Defective Tires
If you were injured in a car crash due to a defective tire, you could be eligible for compensation.

These parties must be held responsible for the harm they cause others.

These type of accidents are unique from most car accidents because typically none of drivers who were involved were responsible for the car crash.

Rather, under California's personal injury laws, the liable party is whoever was responsible for the defective tire, such as the company who designed, manufactured, or sold the tire.

Further, the mechanic or the tire store might also be held liable.

Readers should note, however, there are situations where the vehicle driver who had the defective tire could be held liable, such as negligent maintenance or they ignored obvious sign of trouble with the tire.

You or a loved one may deserve compensation if one or more defective tires caused your collision—especially if you've been injured or lost a loved one.

If you are injured in a car crash, then you could recover financial compensation from the responsible party for the car tire's defects.

You may receive coverage for lost income, medical expenses, vehicle repairs, and any other losses that we trace to a defective tire.

Our Los Angeles personal injury attorneys will review below.

What are the Common Reasons of a Tire Defect Accident?

Defective tires can cause a car accident in California in many different ways. Clearly, anyone driving a car trust their tires will help them with traction on the road and steering.

When a tire is defective and fails while you are driving your car, you can lose control and cause a collision. The most common causes include the following:

  • tire blowout,
  • tread separation,
  • rubber on tire is weak or cracked,
  • defective tire sidewall,

Car tire blowouts are one of the primary reasons for defective tire car accident. When a tire explodes, there are different reasons such as excessive wear, weight, underinflated tires, or there were dangerous road conditions.

Tire tread separation is also another common cause of a car crash. The tread is essentially the grooved part of the tire contacting the road.

When improper or low-grade materials are used for adhering the tire tread to the steel belt, then the tread will often come loose and separate from the tire.

When this occurs while driving on the road, it can make the driver lose control of the vehicle and cause a car crash.

In a situation where this occurs while the car is on the freeway at a high speed, it could cause the car to rollover causing catastrophic injuries or even death.

What Kinds of Tire Defects May Entitle You to Compensation?

The type of defect that caused your accident is important, as it may determine who is liable for your losses. Manufacturers may be responsible for:

  • A tire rupturing, which is also known as a blowout,
  • A tire's tread separating from the other tire components,
  • A tire that lacks all of the necessary components,
  • A tire that lacks proper safety warnings,
  • A tire with any other defect which is the manufacturer's responsibility.

Tire manufacturers may not be liable for defects caused by others. Defendants other than a tire manufacturer may be liable for any defect that was not present in the tire's original condition.

Who Can Sue for an Accident?

You may generally sue for an accident caused by a defective tire if:

  • You suffered one or more injuries in the accident, or
  • You have lost a loved one because of accident-related injuries.

You may also pursue compensation if you suffered property damage but were not injured. Generally, though, we can file a lawsuit if negligence—including manufacturing defects—cause injury or loss of life.

Who Is Liable When a Defective Tire Causes an Accident?

California Civil Code 1714.46 imposes a “strict liability upon persons who place a defective product on the market,” when the defective product causes injury.

Victims who were hurt in a car accident caused by a defective tire can file a personal injury or products liability claim.

Who Is Liable When a Defective Tire Causes an Accident?
There are several parties who could be held liable for car injuries due to a defective tire.

If the car accident was fatal, then the family of the victim can file a wrongful death claim.

Manufacturers, assemblers, and sellers of defective tires may be strictly liable for:

  • Design defects,
  • Defects produced during the manufacturing process,
  • Failure to provide appropriate warnings,

Our firm may work with experts to identify where in the supply chain a defect arose.

Generally, though, product liability lawsuits do not require us to prove exactly where the defect occurred—just that the tire was unsafe in its original state.

Some cases involving defective tires require proof of negligence. This may be the legal standard in cases involving used tires, rental vehicles, and defects that occurred beyond the manufacturer's purview.

Rental car companies, used tire sellers, automotive repair professionals, or others may be negligent if:

  • They knowingly sell a defective tire,
  • They knowingly rent a vehicle with a defective tire,
  • They cause a defect in a tire,
  • They do not take reasonable steps to detect tire defects,

Negligent parties are generally liable when their failures cause harm to others. Who you can sue for your accident will ultimately depend on the facts of your case.

What Are Recoverable Awards?

We may recover awards for any loss caused by a defective tire—that is, an accident caused by a defective tire. Recoverable awards in a defective tire lawsuit may include:

  • Medical costs: This includes current and future medical expenses stemming from your accident may be recoverable damages. These costs may include medication, therapy, and various forms of rehabilitation;
  • Lost wages: Lost wages and other job-related damages may entitle you to compensation;
  • Repairs for your vehicle: Or, if your vehicle is totaled, then you may receive compensation to replace it;
  • Pain and suffering: Liable parties may owe you for damages that qualify as pain and suffering, from traumatic memories to lost quality of life, injury-related pain, and other types of harm.

Wrongful death cases may produce additional damages, like funeral expenses, lost companionship, and permanent loss of financial protection. Our team will calculate the cost of each of your losses.

What Do You Have to Prove to Win a Lawsuit?

If you sue a tire manufacturer, then you may need to prove that a tire was unsafe in its original form.

We may argue that, despite using the tire in a reasonable manner, a defect caused you harm.

If you sue another negligent party (rather than strictly liable, as a manufacturer generally is), then we may argue that:

  • The negligent party owed you a duty of care,
  • The negligent party violated their duty of care by causing a defect, failing to detect a defect, or failing to alert you to a defect,
  • The negligent party caused your collision,
  • The negligent party is liable for your losses.

Put simply, it will have to be proven the breach was a significant factor in your injuries. The details of your case will determine which approach is appropriate.

You May Receive Compensation If a Defective Tire Endangered You or a Loved One

As the National Highway Traffic Safety Administration (NHTSA) notes, American motorists put trillions of miles on their tires each year.

Financial Compensation for Defective Tire Injuries
Our law firm needs to review the details of your case to determine strategy to recover damages.

Tire manufacturers and sellers have a responsibility to distribute only tires that are suitable for the wear and tear of the road.

You may recover awards from any party that endangered you or your loved one.

If you are the victim of defective tire car crash in the state of California, then you could be eligible to receive maximum financial compensation for your injuries.

Injury Justice Law Firm will review all the details of your incident in order to determine an appropriate strategy to recover damages.

Every case is unique and the specific details of how your injuries occurred are always crucial to the outcome.

We offer a free case evaluation by calling (818) 781-1570 or you can fill out our contact form.

About the Author

Dmitry Gorin

Find me on Google+ Dmitry Gorin is a licensed attorney, who has been involved in criminal trial work and pretrial litigation since 1994. Before becoming partner in Eisner Gorin LLP, Mr. Gorin was a Senior Deputy District Attorney in Los Angeles Courts for more than ten years. As a criminal tri...

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