Car accidents, unfortunately, happen every day and cause damages to both the vehicle leading to negative economic consequences to drivers but also their life and health. Car accidents are caused by different reasons such as hydroplane car accidents, accidents involving elderly drivers, and ordinary accidents happening because of the negligence of the drivers. One of the types of car accidents is defective tire accidents.
Common Types of Tire Defects
- Manufacturing defects
Manufacturing defects are related to such issues, which, arising during production, make the tire differ from particular specifications.
- Design defects
Design defects are considered to be in place if the tire doesn’t perform as safely as it can be expected by an ordinary customer and place risk of danger on the latter.
- Warning defects
In the case of the manufacturer, the designer does not provide instructions, safety warnings to the use of the tires and lead them to cause damages, it is considered that the tire had a warning defect.
Who is Liable for a Defective Tire Accident?
As discussed above, if it is believed that the case of an accident arose out of a defective tire, the liable party of said accident may include:
- designer of the tire
- tire repair shop
- used tire sellers
- the driver who drove the vehicle knowing that it has tire defects and that fact can lead to a car accident
How to Prove that the Defects of a Tire was the Reason for the Accident
Generally, to prove that the defect of a tire was the reason for the accident, an qualified expert would testify in the form of expert testimony. Common examples that the expert would need to testify to includes:
- the tire was defective
- the defects of a tire caused the accident
- how the defects caused this accident
You shall also prove that you used the tire in a foreseeable manner and the defects occurred before your use of the vehicle. Expert’s opinion shall also assist you with this evidence.
Is it Possible to File a Wrongful Death Claim Due to a Defective Tire?
Family members are entitled to file such lawsuits and receive compensation. The family members having such rights are:
- spouse, domestic partner of the victim,
- children and/or grandchildren.
Other common losses
- burial and funeral expenses,
- loss of earnings of the victim,
- legal fees
What Damages Can be Compensated in a Defective Tire Lawsuit?
Compensation in a defective tire lawsuit can include the following:
- medical expenses, future medical treatment including hospital expenses;
- lost earning ability and loss of wages, lost income;
- judicial expenses
The defendant can bring different arguments supporting his position, such as that the tires were affected not by his fault but by your negligent use. For this reason, it is essential to receive professional assistance and consult an experienced attorney.
Call a Defective Tire Accident Attorney
If you or a loved one has been in a defective tire accident, contact our Los Angeles Personal Injury attorney at 310-933-5171 for a free consultation and case review. Our attorneys will evaluate the details of your case and let you know what to expect and how you can proceed.