As a victim of a tire blowout accident, you need to seek legal redress for the pain and suffering you face. The incident may occur under various circumstances, exposing you to serious safety threats. For example, a tire blowout may cause your vehicle to veer off the road and rollover.
The outcomes of the accident often require you to seek urgent medical treatment, among other processes that could pile up in costs and expenses. Therefore, finding out who is liable for a tire blowout injury is essential, as the information helps you prepare for the legal action you intend to take against them.
Interviewing and investigating possible parties to determine who is liable for a blowout accident can be complicated, mainly if your case facts include multiple causation factors. Nevertheless, working with a skilled and experienced personal injury attorney is essential, as they understand the importance of establishing a party’s liability. Their input in your case is critical, so consider choosing your attorney soon after the incident.
Possible Liable Parties for a Tire Blowout Injury
A tire blowout accident occurs when a vehicle tire blows, meaning the air in the tires that supports smooth driving has escaped. Based on this, the impact of a blown tire can be detrimental when driving, as it destabilizes the vehicle and may cause it to veer off the road.
Additionally, the unexpected nature of a tire blowout may expose you to even more harm, especially if you are moving at a high speed. The sudden loss of balance on the road creates a severe car imbalance and may cause your vehicle to overturn suddenly.
Due to this, you are likely to experience severe injuries that prompt you to seek compensation from the liable parties. The following are possible parties to hold responsible for the accident:
-
The Tire Manufacturing Company
A tire manufacturer is responsible for product creation and processing, making them among the most likely parties liable for a blowout injury. The manufacturing company should source quality rubber material to ensure the tires produced are durable and functional in multiple road conditions.
Additionally, the manufacturing mode should follow the correct procedure for all tire manufacturing companies. For example, if the company must seek approval from a certified manufacturing engineer who specializes in tire production, it should do so to certify the tire quality.
Failure to observe standard procedure may rightfully place blame on the manufacturers under various grounds, including:
The Tire had a Manufacturing Defect
Defects occur when tire quality and manufacturing processes are often overlooked, resulting in a substandard product. These oversights may occur for various reasons, including insufficient personnel to check for defects before the tires enter the public market.
Further, manufacturing defects may occur if the manufacturing company changes suppliers, causing a drastic change in the raw materials they use to produce their products. As a result, you, as the tire user, may suffer severe injuries if the tire blows out unexpectedly.
The manufacturing team may be liable for a defect, even if it was a genuine oversight during production. They face strict repercussions because, while the occurrence was unforeseen, you, as the victim, still suffered severe harm and require reparations.
On top of this, the liability still falls on the manufacturer, even if the defect was accidental, because they still owe a duty of care to you and other consumers. As a result, your personal injury attorney can help you justify your claims and seek the rightful compensation.
Failure to Issue Product Warnings
Although tire products may be made to the correct standard, they may present safety issues when new factors come into play. For example, if friction causes excess heat on the tires, it may cause toxic fumes and breathing difficulties. The friction may also be a primary reason for a tire blowout, particularly if the tire material weakens and cannot contain the air.
Additional risk factors include the possibility of high inflammation rates when elements like gasoline come into contact with the tires. Based on this, the manufacturer should issue clear warnings to ensure clients understand the possible safety risks associated with tire use.
By failing to provide explicit warning labels on the tires, manufacturers will be liable for any injuries you suffer. For example, if they fail to warn you about possible tire blowouts when you expose the tires to sunlight for long periods, you can raise a rightful claim against them.
Moreover, failure to include all warning factors in the label also counts as an oversight that could attract liability for your injuries. When preparing your case, include all possible elements related to your topic that could have caused the blowout and link the claims to the manufacturer’s oversight.
A Design Defect Caused the Accident
Moreover, the manufacturer may be liable for your tire blowout accident for authorizing a defective design for production. Tire designs include proportions, allowing for expansion during hot weather and contraction in cold temperatures without causing a blowout.
A proper design should also provide sufficient friction on the tire treads to ensure you can break easily and drive on different road surfaces without problems. If the tire design does not consider the required functions, it may cause a tire blowout accident, resulting in serious injuries.
Tire tread designs may also contribute to a blowout accident, especially if they are insufficient. Since the treads are necessary to stop the vehicle when needed, a defective design may cause you to apply the brakes firmly. Consequently, the tires are exposed to intense friction and may blow out unexpectedly.
If so, you can highlight the shortcomings in your claims to help you seek rightful compensation from the manufacturers. Your case should demonstrate a direct link between the injuries you faced and the manufacturer’s fault to convince the judge of your position.
-
The Tire Distributor
Another possible party to your tire blowout injury claim is your tire distributor, who is often responsible for storing, selling, and delivering the tires after a sale. Their involvement in maintaining tires is also a significant reason you may find them liable if you suffer a blowout accident.
By taking on the distributor role, the party owes you a duty of care to provide quality, standard products that do not expose you to harm or possible accidents. Based on this, you can use the following grounds to justify a claim against the distributor:
They Did Not Sell the Correct Type of Tires
Tire designs vary based on usage, making it essential for distributors to establish whether their descriptions and sales align. For example, tires to fit in a personal vehicle differ from those necessary for a truck. Although their appearance and size may be similar, they may involve different qualities.
Due to this, you may have suffered a tire blowout accident if the distributor you worked with sold you the wrong types of tires. For example, if your vehicle is heavy, it requires sturdy tires to hold down the weight. Your distributor should make the correct assessment before recommending a tire brand, failure of which may cause a tire blowout accident.
Additional faults may emerge if the tire brand does not fit correctly with your vehicle’s alignment, causing you to experience unexpected tire blowouts. If your injuries were a direct outcome of the problem, consider including them in your claims to raise your chances of a favorable outcome.
The Distributor Failed to Store Tires Correctly
While tires are made of rubber, they are still prone to depreciation over time, especially if poorly stored. As a result, you may have purchased substandard tires whose condition depreciated because of poor storage conditions. The situation is likely to arise mainly because distributors often have large amounts of stock at a time, making it necessary to uphold proper storage conditions.
For example, storing tires for sale outside where they are exposed to the sun, rain, and cold negatively affects them, as the elements interfere with the rubber quality. Additionally, storage in cold and moldy rooms may also negatively affect the tire quality, leaving you more exposed to a tire blowout accident if you purchase them.
They Did Not Check the Tire Quality Before Selling Them
Although stored tires may be in contact with external factors, the distributor can still prevent accidents by checking the tire quality before signing off on them for sale. Conducting essential inspections is critical, as it can reveal possible shortcomings in the product.
When presenting your case, you can argue that the distributor should have conducted the checks as part of their duty of care to promote client safety. This argument is more acceptable if an accident investigator confirms that the tire blowout occurred mainly because of the poor quality purchased. You can thus establish the distributor’s fault by showing how the lack of proper inspection directly resulted in the tire blowout accident and your injuries.
-
The Car Mechanic
Alternatively, you can seek compensation from your car mechanic if their actions or omissions directly contributed to your tire blowout accident. Mechanics are responsible for identifying faults in vehicle parts and recommending solutions to eliminate the setback.
Moreover, mechanics handle the repairs themselves, introducing a duty of care to ensure they undertake a comprehensive repair job. Leaving out essential parts or failing to highlight important problem areas can warrant a case against the mechanic, as they will not have upheld their duties. The main claims you can prepare against your mechanic in a personal injury claim are:
They Installed Tires Erroneously
Tire installation involves aligning the tire screws correctly and ensuring the alignment covers the correct size. Without proper installation, the tires come into contact with additional external factors that may result in a blowout accident. For example, if the tire is misaligned, it may cause a lot of friction and blow out, leading to an accident.
Additionally, poor installation methods may cause tires to remain loose around the screws, exposing you to additional safety risks. You may have a valid claim against the mechanic based on improper installation methods, leading the court to order them to pay compensation for the harm caused.
They Failed to Address a Significant Tire Fault
Sometimes, you only take your vehicle to a trusted mechanic for routine checks and inspections. With this in mind, you expect your mechanic to highlight possible safety hazards and other vital problems that would otherwise cause an accident if left unattended.
If your mechanic should have identified a blowout risk but failed to do so, you can hold them liable for your injuries for negligence and incompetence. The basis for your case will be that you trusted them to exercise their duty of care, and you expected them to prevent an accident from occurring, which they failed to do. Based on this, the court can order them to pay rightful compensation as a remedy.
-
The Vehicle Driver
Sometimes, tire blowout accidents result not from manufacturing or product quality problems but from how drivers conduct themselves. Operating a vehicle requires the driver to exercise some procedures to ensure the car is always safe and does not expose you to accident risks.
Based on the duty of care placed on drivers, you can pursue legal action against them. Your personal injury attorney helps you assess your case, and they may recommend a claim based on the following grounds:
The Driver Failed to Conduct Routine Vehicle Inspections
Car inspections are necessary, especially for commercial drivers who operate vehicles for extended periods. A car inspection includes checking and ensuring that the tires are at the correct pressure and their quality is still roadworthy.
A vehicle inspection should be thorough, and a professional driver should not just glance through different parts to complete the process. Doing so may introduce vehicle complications, including a tire blowout accident.
For example, if the driver failed to conduct a car inspection or did so without paying attention, they may have missed identifying and replacing a faulty tire. Consequently, you may suffer injuries as a passenger in the vehicle, leading you to raise a legal claim against them.
The Driver Ignored Road Signs
Some roads may contain sharp debris that could easily cause tire blowout accidents. If so, warning signs may be placed along the road to caution drivers against driving too fast or close to the debris. Failure to adhere to the road signs can thus be detrimental, as the driver may expose you to a tire blowout accident if waste affects the tires.
Additional road signs warn drivers against speeding, as the areas may have sharp slopes or slippery road tar. Without proper adherence to the road signs, the driver transporting you may have to apply emergency brakes, causing intense tire friction that causes a blowout. Since the outcome is preventable, you can raise a claim against them if you suffered injuries after the accident.
The Driver Operated the Vehicle With Defective Tires
Commercial drivers should also inspect their vehicles to ensure their parts work accordingly. Upon identifying a defective part, like a worn-out tire, the driver should avoid using the car until they obtain the necessary assistance in fixing the issue.
If drivers ignore their obligation to stop using the vehicle and operate it with defective parts, they are liable for subsequent injuries. With a personal injury attorney’s help, you can present your case against them and secure monetary compensation.
Claims to Present Against the Liable Party
Upon identifying the liable party in your case, you should prepare a statement of claims against them. Highlighting the issues associated with your accident clarifies your matter and makes it easier to justify your request for adequate compensation.
When working on your claims, your personal injury attorney helps you gather evidence and draft your claims to present them in court. Some claims to consider include the following:
- Medical expenses compensation.
- Loss of wages and working capacity.
- Property damage.
- Pain and suffering.
Your attorney will also help you draft justifications for your claims to help you counter the defendant’s counterclaims. You will more likely secure compensation if your case is clear and includes relevant evidence.
Contact a Personal Injury Attorney Near Me
When you or a loved one suffers serious injuries after a tire blowout accident, you need to find the party responsible for the incident. Doing so requires you to assess possible parties’ involvement in tire manufacture, installation, or maintenance through a legal lens. As a result, you should consider working closely with a skilled personal injury attorney to help you identify the appropriate respondent for your case.
At Orange County Personal Injury Attorney, you work closely with a highly experienced team ready to help you tackle your compensation case. We have worked with multiple clients facing similar issues in the past, and we understand the possible problems that may arise and how to tackle them. Our team can handle your claims if you have experienced a tire blowout injury in Orange County, California. For more information on how to seek redress for your injury, call us today at 714-876-1959.