Common Issues with Tires
Far too many people are injured each year in motor vehicle accidents caused by tire problems. According to the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA), nine percent of crashes each year occur because of tire-related problems.
While some of these issues may be caused by under-inflation, oftentimes it is poor design or defective construction that leads to tire failure. If you or a loved one was injured in a crash caused by a blowout or other type of tire malfunction, speak to an attorney to determine your legal options and whether a company or manufacturer is responsible for your damages.
Improper inflation and worn tires do sometimes contribute to tire failure. However, when tire failure causes an accident, the manufacturers are often a little too quick to claim that it was consumer neglect that caused the problem.
While underinflation may be true in some situations, there are a lot of other reasons that tires malfunction, such as:
- tread separation;
- shoddy design;
- inherent defects; and
- poor adhesion between the metal and rubber.
The above issues may be the result of the manufacturer’s – not the consumer’s – neglect. If these issues are verifiable and provable, victims file a claim or suit against the manufacturer to pursue financial compensation for their damages.
Handling Defenses of Consumer Neglect
When filing a claim for a defective tire, it’s important to enlist the help of a local attorney who routinely handles defect claims for your case. It will take a good amount of experience and strong litigation skills to go head to head with large manufacturers. Select an attorney who has well-developed methodologies and strategies for handling tire cases, both in and out of the courtroom.
Your attorney should be able to:
- investigate the case;
- obtain evidence from expert witnesses in the field; and
- effectively demonstrate the defects to the courts.
The manufacturer may argue you were completely or partly responsible for the tire malfunction, but an attorney can refute any contributory negligence defense claims. Adeptness at proving the manufacturer’s fault (and your lack thereof) in a defective tire claim is crucial because your degree of fault in the incident will directly affect eligibility for a settlement.
Obtaining Your Car’s Recommended Tire Info
To reduce the risk of tire problems (and to minimize your liability should an accident occur), check your manufacturer’s recommendations for proper inflation and inspect your tires for wear and defects at least once a month.
Be on the lookout for any recalls for your tires as well. You can check the U.S. Department of Transportation’s SaferCar.gov for the most recent recalls, or download the NHTSA’s SaferCar app that keeps consumers up-to-date on safety performance and recalls.
Consult a Defective Tire Lawyer after a Homestead Accident
If you were involved in a tire-related auto accident in Homestead or the surrounding areas, call our professional legal team at Chalik & Chalik. Contact us today for a free consultation at 855-529-0269.