A defective tire claim involves complex issues and requires extensive investigation and expert collaboration. Successfully constructing such a case also demands a strong knowledge of how tires are designed, manufactured, inspected, and sold. It would be best if you established that the tire was defective when it left the defendant’s hands and that the defect proximately caused your injuries. You must also prove that you suffered physical, financial, and emotional damages.
Identifying The Cause Of The Accident
To file a successful defective product lawsuit, you must prove that the defect directly led to your injuries. This is why working with an experienced defective tire lawyer who knows how to build a strong case is essential. Some defects are quickly identified, such as a sudden tire blowout. Others are less obvious, such as uneven tread wear patterns or a noticeable shaking in your car when driving on the highway. Other times, a manufacturer will become aware of a defect and recall a particular model. However, that is not a slam dunk for you on the court. Identifying the cause of your accident will require careful examination of the facts and observations from your crash. You can use tools like a Fishbone Diagram or the Guide for Identifying Causal Factors to help you brainstorm ideas. Identifying both immediate causes and underlying causes is crucial. The former would be something that could have been prevented, such as poor machine maintenance or unsafe actions, while the latter refers to things that could have been avoided, such as a lack of training or a crowded work area.
Identifying The Defendant
Your tires transfer your vehicle’s weight from the wheels to the ground, provide traction, and help steer your car. Unfortunately, tire companies put profits ahead of your safety and often manufacture tires with severe defects that can lead to catastrophic accidents. Tire manufacturers must follow strict liability laws and be held liable for the injuries and damages caused by defective tires they produce, distribute, or sell. This includes manufacturing and design defects and failure to provide proper warnings or instructions. To seek compensation for damages, it is necessary to demonstrate that the party responsible had a legal obligation to exercise care, failed to uphold this duty, and significantly contributed to the accident and resulting injuries. Proving these elements can be a complicated process. Still, an experienced car accident lawyer can assist you in gathering essential evidence and presenting it to a professional tire expert to strengthen your case. This may involve providing photographic evidence, inspection reports, and expert witness statements.
Identifying The Damages
A tire that blows out is a significant hazard for drivers. Such an accident increases the braking distance, which can be deadly at high speeds or in heavy traffic. It can also increase the risk of hydroplaning and suspension damage. A defective tire lawsuit can be based on negligence or strict liability. Strict liability is more common because it makes it easier for plaintiffs to prove that the defendant designed, manufactured, or sold a product that failed to meet reasonable safety standards when it left their possession. Depending on the nature of your accident, you may be entitled to damages such as lost income, medical bills, pain and suffering, punitive damages meant to punish the defendant for gross negligence, and other types of compensation. Working with an experienced product liability attorney can help you collect and preserve evidence, such as the tire and pieces of your vehicle’s frame. Experts can later use this information to determine the cause of your crash.
Identifying Expert Witnesses
If a tire blowout causes you or a loved one to suffer serious injuries, you can file a product liability lawsuit. However, you must prove the defendant’s defective tires caused or contributed to your crash and injury. Your case may benefit from the testimony of expert witnesses who can analyze the tire and your crash and provide other crucial information to support your claim. For example, an expert witness can compare your faulty tire to similar units of the same model and show how they differ. It would be best if you also established that the defect was the direct cause of your crash and injuries. Defendants will likely argue that other factors, such as debris or air pressure, played a role in your accident. To counter these arguments, you must work with a skilled attorney to gather and preserve evidence in your case. That includes taking pictures of the scene and documenting the tire’s condition with chains of custody.
