Collecting Damages after a Defective Tire Accident
If defective tires cause an accident, Hollywood drivers have a right to pursue legal claims against the tire manufacturer for the harm they suffer in the accident. Drivers must establish that a product was defective and that the defect caused their accident and resultant injuries.
Defective Tire Accidents and Investigations
Generally, when a tire fails while someone is driving the car, the driver might lose control of the vehicle as the tire loses traction with the road. This can cause a variety of different accidents including rollovers, spin-outs, collisions with fixed objects and collisions with other cars. Some examples of tire defects that can lead to accidents include:
- failed tire adhesion;
- deficient skim stock;
- sidewall zipper failures;
- tire detreading;
- bead failures; and
- tread separation.
After the accident, in almost all cases, the police will file an accident report. This report contains information about the causes of the accident, which in this case might include notes that the driver’s tire blew out.
Drivers can file complaints with the National Highway Traffic Safety Administration if they suspect a defective tire. This federal agency has the power to investigate tire defects and issue recalls of certain tires. In wide-ranging cases, the manufacturer may face steep fines.
Legal Options for Victims of Defective Tires
Victims of defective tires, meanwhile, can file civil action against the tire manufacturer. Defective tires fall under strict product liability theory. Plaintiffs don’t have to prove the tire manufacturer was negligent in making the tire, only that the tire caused the plaintiff’s accident and injuries. Plaintiffs must establish the following in a product liability case:
- the manufacturer made the tire or other product;
- the tire contained a defect that caused an unreasonable danger to plaintiff;
- the defect caused the plaintiff’s accident and resulting injuries; and
- the defect was not caused by another party in the distribution chain.
So drivers may provide evidence that they were driving when a tire blew out. Evidence might demonstrate that the tire contained a defect that caused or contributed to the blowout, thus, to the accident. The plaintiff then may establish he or she suffered damages as a result of the accident.
An attorney can help accident victims pursue the right types of evidence to prove their case. Evidence might include:
- accident reports;
- photographs of the scene, vehicles and tires;
- expert testimony regarding the defective tire; and
- much more.
Be sure to discuss the various types of evidence to collect, as well as request, during the discovery phase of your lawsuit.
Damages in Defective Tires Cases
Both economic and non-economic damages can be sought in a defective tires lawsuit. Economic damages include lost wages, medical expenses and future lost wages, as well as any other out-of-pocket costs related to the accident. Non-economic damages are harms like pain and suffering, mental anguish and other intangible damages.
Proving that a tire defect caused an accident and establishing damages can be a challenge. Victims are often well-served by hiring a lawyer to help prepare and present their cases. Chalik & Chalik is committed to helping victims fight for their rights. Contact our office at 855-529-0269 to schedule a consultation regarding your case and how you can hold the tire manufacturer liable.