Maison Law represents accident victims injured due to defective tires in California. If you or a loved one has suffered injuries due to a defective tire accident, you have a legal right to compensation. Contact Maison Law today for a free consultation and case evaluation.
Do I Need a Lawyer for a Car Accident Caused by Defective Tires in California?
In California, drivers are expected to exercise a “duty of care” toward other drivers. Whenever that duty is breached, accidents occur, and injured victims can file personal injury lawsuits against the person who caused the accident. But what if the accident was caused by a defective tire that suddenly exploded and caused another driver to collide with you on the road?
This type of accident would fall under product liability. Product liability lawsuits can become complicated for accident victims, considering the multiple parties who can be found liable for allowing a defective tire to cause an accident. The most common liable parties for a defective tire include:
- The tire manufacturer
- The tire designer
- The tire distributor
- The mechanic
Product liability lawsuits can take time and require an enormous amount of resources to hold the proper parties liable. For these reasons, it is important to discuss your incident with an experienced product liability lawyer who can support you through the legal process.
Common Causes of Defective Tires in California
California has more drivers than anywhere else in the United States. We may take our tires for granted whenever we’re driving safely along the coast on PCH, or just driving back and forth from work all week. Regardless of where you’re going, tire quality and maintenance are an incredibly important aspect of living in California. Unfortunately, with so many tires being needed in the Golden State, defective tire accidents are more frequent.
Some of the most common causes of defective tires include:
- Tread separation: tread is the grooved part of the tire that keeps your vehicle glued to the roadway. If it is built with low-grade materials and comes loose, it can cause drivers to lose control and crash.
- Tire belt failure/separation – tire belts are belt-like layers of metal, fiberglass, and other materials located between the tread and plies of the tire to hold the tire plies in place.
- Tire blowout – a poorly designed tire can easily tear against potholes, or other debris on the roadway
- Air pressure problems – long-distance drives mean temperature changes for your tire. As your tire heats up, the pressure goes up. A defective tire is one that cannot handle drastic temperature changes and causes a driver to lose control of their vehicle as a result.
- Punctures – punctures occur when the rubber surface of a tire is pierced by a sharp object like a nail or screw. If an old or cracked rubber tire is installed on your vehicle, a simple puncture can put you at risk while driving.
- Bead failure – tire bead is the section that touches the rim of the tire. It seals the tires rim by sealing the rubber to the metal rim. Defective beads or damaged beads can cause you to have a flat tire or even a blowout.
Liability for these causes can fall onto multiple parties. And when multiple parties are responsible for accident victims, product liability lawyers can help.
What Should I Do If I’m the Victim of a Defective Tire Accident?
If a defective tire caused you to get hurt in a defective tire accident you can file a product liability claim against the insurance of the:
- Manufacturer
- Designer
- Retailer
If the accident was fatal, then the family of the decedent would file a wrongful death claim. However, it is recommended to speak with a product liability lawyer before discussing the incident with the liable party’s insurance. Defective tire accident victims who partner with attorneys tend to get more compensation than those who do not. An attorney can seek damages through product liability lawsuits based on:
- Strict liability: a manufacturer can be held responsible for strict liability. A plaintiff must prove the product was defective and the defect was a direct cause of their injury. Strict liability can be imposed for three types of product defects:
- Manufacturing defects
- Design defects
- Warning defects (inadequate warning)
- Carelessness: requires the plaintiff to prove the defendant failed to exercise reasonable care in the design, manufacture, or distribution of their product, which caused substantial injuries.
- Breach of warranty: warranties guarantee a car’s performance, but if a part fails to meet these guarantees, a breach of warranty could be pursued.
What is the Typical Compensation for a Defective Tire Accident in California?
The details of your accident will determine the compensation you’ll receive for your claim. In a defective tire lawsuit, several factors will contribute to your final settlement, such as:
- Medical expenses
- Current and future lost wages
- Reduced earning capacity
- Property damage
- Loss of consortium
- Non-economic damages like pain and suffering, depression, and anxiety
Understanding the value of each of these elements will help you estimate what your case is worth. However, settlements can vary depending on the severity of these issues. For example, a severe case would be if the accident victim was permanently assigned to a wheelchair after the accident. That would constitute substantial damages to be paid by the liable party.
Contact a Defective Tire Lawyer in California
If you or a loved one are hurt in a car accident caused by a defective tire, our dedicated team of product liability attorneys at Maison Law can help you get fully compensated for your damages. Contact us today for a free consultation and case evaluation. There are no upfront charges and you don’t pay a cent until we’ve won your case.
