Involvement in a car accident is a devastating experience. Most injuries that result from auto accidents can take a toll on your physical, emotional, and financial life. Unfortunately, most accidents are a result of negligence. Besides driver error and failure to follow traffic rules, defective vehicle tires play a significant part in auto accidents. Tire defects that could contribute to serious collisions include belt separation, retread failure, old tires, tread separation, and blowouts.

Often tire defects result from poor manufacturing, improper or a driver’s failure to check the tire conditions before operating the vehicle are examples of negligent acts that cause defective tire accidents. If you have suffered an injury or lost a loved one in a defective tire accident, you can file for compensation from the liable parties. Recovering compensation requires identifying liable parties and linking their actions to your accident and injuries.

At Foos Gavin Law Firm, we have the knowledge and experience you need to secure a favorable outcome in your case. We serve clients seeking legal guidance and representation to battle personal injury claims in Sacramento, CA.        

Overview of Defective Tire Accidents

Faulty vehicle tires cause thousands of accidents in California each year. There are a variety of reasons that could contribute to tire defects, most of which stem from negligence. Drivers are expected to inspect every vehicle part before operating the vehicle. However, while tire maintenance is important to ensure vehicle safety, poorly manufactured or improperly installed tires can pose a hidden danger to motorists and other road users.

If you suffer an auto accident, you must dig into the cause to determine the liable parties. If tire defects cause the accident, you can file a claim against the person liable for the defect to recover compensation. Some of the tire defects that can cause catastrophic accidents:

Tread Separation

Treat separation is a dangerous condition that occurs when the treats detach from the tire casing. Tread separation can result from manufacturing defects, which become apparent when you operate the vehicle. Other factors that could cause tread separation include driving into potholes and over-inflation.

When the tread separates from the rest of the tire, the driver could lose vehicle control and rollover. In addition to injuring the vehicle occupants, a vehicle that rolls on the road can hit other vehicles, motorcyclists, and pedestrians.

Mechanical Issues

Your vehicle maintenance practices can impact the longevity of your tires. When a vehicle has worn-out suspension parts or a misalignment, the vehicle could have tire fitting problems. Improperly fitted tires have an increased susceptibility to failure.

Overfilled or Underfilled Tires

Overfilling or underfilling vehicle tires is another primary cause of defective tire accidents. Underfilled tires can flex to the side, which could result in overheating. During warmer months, an overheated tire can separate or rupture. When tires are overfilled, the risk of rupturing at the slightest pressure is likely.

Defective Materials and Design

Design and manufacturing defects are major causes of tire failure. Tires that are made of substandard material have the highest likelihood of developing serious problems. Tire manufacturing companies can use defective materials to save on production and maximize profits. Unfortunately, tires made of poor-quality materials can rupture or separate, resulting in serious collisions.

Weak or Old Rubber

Unknown to many, tires have an expiry date. If you purchase a new tire that has been sitting on the shelves for a long time, the tire could have weakened rubber which is dangerous. Another factor that could cause the rubber on the tires to weaken is prolonged use. When an individual uses a vehicle for long-distance travel without replacing the tires, these parts could eventually burst, causing serious accidents and injuries.

Improper Puncture Repair

Sometimes, punctures do not require the replacement of the entire tire. However, when the puncture is not correctly repaired, there is an increased risk of a flat tire. Although drivers are responsible for ensuring that their vehicle doesn’t have defects, improper puncture repair may be challenging to notice.

Bead Defects

The tire bead is a reinforced section of the tire responsible for maintaining a seal between the wheel and the tire. Often the seal is achieved by friction between the bead and the wheel. Bead damage could be a result of driving with underinflated tires. Driving on uneven surfaces could also cause this type of defect.

Types of Accidents Caused by Defective Tires       

Different kinds of accidents could occur when a driver operates a vehicle with defective tires. Defective tires could explode while inflated and cause injuries before the vehicle is driven. Other defects like tread and belt separation occur when the vehicle is on the road. The following are common ways accidents can result from defective tires:

  1. Loss of vehicle control. When a defective tire explodes, the driver could lose control of the vehicle unexpectedly. Loss of vehicle control can result in single-vehicle accidents like rollover accidents or multiple-vehicle collisions. Additionally, the vehicle could hit pedestrians on the road causing serious injuries or death.
  2. Rollovers. Rollover accidents occur when a vehicle rolls onto its side or roof. Rollover accidents are some of the most catastrophic auto accidents. Tire defects and failures can cause the vehicle to roll over.
  3. Running off the road. When a tire deflates or suffers tread separation, the vehicle could veer off the road and into an opposite direction. Such an event will cause serious head-on collisions with drivers in the opposite direction. Additionally, a driver could hit an obstacle and cause severe injuries to the occupants.                         

Injuries Common to Defective Tire Accidents

Accidents caused by defective tires can result in catastrophic injuries. Depending on the nature of your accident and level of impact, you can suffer the following injuries from a defective tire accident:

Spinal Cord Injuries

The spinal cord is a sponge bundle of tissues encased in the vertebrae. An injury to the spinal cord occurs when there is a fracture to the vertebrae or a tear in the spine's nerves. Car accidents are a leading cause of spinal cord injuries in the United States. The impact from the collision can cause pressure on the spine, causing it to tear. Another way through which you can damage your spine is when sharp debris from the accident pierces into your back.

Your spinal cord is a critical body part responsible for multiple functions. Damage to this part can cause bladder, bowel, or sexual dysfunction. If you have suffered a spinal cord injury, your life will likely change forever. Fortunately, you can recover compensation for losses associated with this injury.

Traumatic Brain Injuries

A brain injury results from a blow to the head or a sharp object penetrating your skull. A traumatic brain injury may be inevitable if you suffer a head-on collision or serious rollover accident from defective tires. Unfortunately, the possibility of recovering from a brain injury is low. Therefore, you will need to change all aspects of your life.

If you have suffered a blow to the head after an accident, you should check out for the following symptoms of brain injury:

  • Difficulty concentrating
  • Irritability
  • Slurred speech
  • Nausea and vomiting
  • Loss of memory
  • Poor vision
  • Anxiety

Broken Bones

Broken bones are a common injury in motor vehicle collisions. Our bones are structured to withhold pressure from our daily activities. However, when the impact is too much, even the strongest bones in the body could break. Most accidents from defective tires will have an impact on your body. While broken bones are not life-threatening, these injuries take a long time to recover. This means you will spend time in the hospital while undergoing painful procedures. Additionally, the amount of money used to treat the injury can take a toll on your financial life.

The most common areas where you could suffer a broken bone from a defective tire accident include:

  • Wrist bone fractures
  • Arm bone fractures
  • Fractures on the tibia or fibula
  • Clavicle or collarbone fractures
  • Fractures on the femur

Internal Organ Damage

Involvement in a defective tire accident can cause severe internal injuries. Internal injuries are life-threatening since the injuries are not easily identifiable. Motor vehicles are heavy, and their impact on your body can cause serious damage. Common internal injuries you could suffer from a car collision include:

  • Brain bleeding
  • Abdominal aorta aneurysm
  • Fractured ribs
  • Internal bleeding
  • Liker and kidney damage

Amputation

Amputation is the loss of a limb, arm, toe, or finger. You can suffer a traumatic or medical amputation after an auto accident. Traumatic amputations occur when the impact of the collision severs a part of your body. On the other hand, a medical amputation is done by a doctor when the body part has suffered serious damage. In the United States, up to 1.7 million individuals live with limb amputations from car accidents.

Depending on the part of the body that’s amputated, this type of injury can devastate your life. Receiving prosthetics and learning to adjust to the situation can be difficult and expensive. You can be compensated for the losses if you suffer an amputation in a defective tire accident.

Wrongful Death

Losing a loved one in a car accident is one of the most devastating outcomes of an auto accident. A person could die from the collision's impacts or resulting injuries. Sometimes, the deceased could leave behind hefty medical bills before passing on. While your loved one may not be around to claim compensation, you can file a lawsuit to claim wrongful death benefits.

Although monetary compensation cannot heal the emotional trauma of losing a loved one, you can recover damages for burial and funeral expenses. Additionally, you can be compensated for the lost consortium.

Liable Parties in your Accident

If you are injured or lose a loved one in a defective tire car accident, you will want to recover compensation for your injuries and losses. You can seek compensation by filing a claim with the liable party’s insurer or a lawsuit in court. Identifying the liable parties is one of the most critical parts of seeking compensation. Individuals you can sue for compensation after a faulty tire accident include:

Driver

In addition to purchasing good quality tires, a driver has a responsibility to do the following:

  • Inspect the tires regularly
  • Repair the defects on the tires before driving the vehicle
  • Reasonably operate the vehicle. Acts like overspeeding could wear down the tires or accelerate the defects.

A driver can be held liable for your accident and injuries for neglecting tire defects or failing to inspect the vehicle. However, if a driver experiences unavoidable debris on the road that causes tire blowouts, they cannot be held liable for the accident. Instead, the authorities responsible for the repair and maintenance of the roads can be the liable parties in your case.

Tire Manufacturers

Sometimes, tire defects stem from low-quality materials and poor manufacturing of the tires. In this case, you can file a lawsuit against the manufacturers. Several types of defects could be blamed on a tire manufacturer, including:

  • Design Defects

Design defects are issues that arise even before a tire is manufactured. The entire line of tires could be defective when a design defect occurs. Two main steps are used in the determination of design defects, and they include consumer expectations and the risk-benefit test. When you file a lawsuit against a tire manufacturer for design defects, you must prove that the tires didn't perform as safely as you expected and suffered an injury from the malfunction.

The defendant must prove that the benefits of the tires outweigh the severity of the potential harm to the accident victims to avoid liability.

  • Manufacturing Defects

Manufacturing defects are the defects that arise during the production stage. An example of a manufacturing defect is when a plant uses poor rubber or has problems during assembly. Proving that the tires had manufacturing defects requires you to present evidence that the defendant manufactured and sold the tires defective tires. Additionally, you must have suffered an injury due to these defects.

When filing a lawsuit for accidents caused by manufacturing tire defects, you will require expert legal guidance.

  • Warning Defects

Warning defects occur during the marketing of a product. If there is an issue with a tire, the manufacturer is responsible for notifying the consumers. You can recover compensation from a tire manufacturer if you show that they failed to warn you about potential risks with their tires.

Tire Retailers

For selling tires that have deteriorated in quality, a retailer can be held liable for your defective tire accident and injuries. Tires could deteriorate in quality after sitting a long time on the shelves. If the tire retailer had foreknowledge of the tire detects and did not intend to bring the necessary changes, their actions are considered negligent.

Installer Responsibility

Good quality tires can sometimes be defective when not installed correctly. When a mechanic is unfamiliar with the installation process, they can make a mistake causing misalignment between the tire and the wheel. If the tire defect that caused your accident resulted from poor installation, you can file a claim against the installer.

Although it may seem convenient to blame a driver for an accident caused by defective vehicle parts, you can have multiple liable parties in your case. Therefore, you must find out the exact cause of the defect and hold the right parties accountable.

Proving Liability in a Defective Tire Accident

The next step after identifying the liable party is establishing their liability in your accident. In California, liability is based on negligence. A person is negligent when their actions put other people at risk of serious injury or death. When proving that a person is responsible for your injuries, you have the burden to establish the following elements of negligence:

  • The Defendant Owed you a Duty of Care.

Under California Personal Injury Law, the duty of care is a responsibility that each person has to ensure the safety of others at all times. Drivers are responsible for ensuring that they operate vehicles safely to avoid dangerous collisions. On the other hand, manufacturers are responsible for producing good quality vehicle parts to avoid malfunction. Proving that a person owed you a duty of care is one of the easiest elements of negligence to establish,

  • The Liable Party Breached the Duty of Care

Unfortunately, showing that a person owed you a duty of care is insufficient to hold them accountable for your accident and injuries. You must move further to show the court that the defendant breached that duty. A person breaches their duty of care towards you when they act in a way that places you in danger of harm or death.

If you file a claim against a driver, you can prove that they breached the duty by failing to inspect and repair the vehicle tires. However, the tire manufacturer is the defendant in your case. You can argue that they breached the duty by using substandard materials or poor design for the tires.

  • The Defendant’s Actions Caused your Accident

The third element of negligence you must prove before holding another party liable for your defective tire accident is causation. You must establish the link between the defendant’s actions and your injuries. When determining causation, it is key whether or not the defendant could anticipate the outcome of their actions.

While the defendant’s actions must not be the only factor in your accident, the collision and injuries must be a direct consequence of the negligent act.

  • You Suffered Injuries or Damages from the Accident

Most people file personal injury claims to recover compensation for their losses from a defective tire crash. Before you receive any compensation from the insurance party of the liable party, you must establish the damages that you suffered from the accident. Damages in a personal injury claim could be economic or non-economic.

Compensation Benefits in a Defective Tire Accident Lawsuit

You can recover compensation for your defective tire accident injuries by negotiating a settlement with the liable party’s insurance company or filing a civil suit against the individual. If you are successful in establishing liability for your injuries, you can recover compensation for the following:

Medical Expenses

The injuries that result from rollovers or loss of vehicle control from faulty tires are serious and life-changing. These injuries require prolonged hospital stays and numerous surgical procedures to collect. Dealing with an injury is hard enough. You do not have to suffer financial strain from another person’s negligence. If you are successful in your claim, you can recover compensation for all your medical bills.

Lost Earnings

While lying on a hospital bed nursing your accident injuries, you could miss out on weeks or months of work. The money you lose during this time is known as lost wages and is recoverable in your personal injury claim. Lost wages can be in the form of monthly salaries, bonuses, overtime, and self-employment income.

However, you will only recover this compensation by proving the amount you lost through a letter from your employer, pay stubs, and tax return documents.

Pain and Suffering

Involvement in an accident can result in emotional trauma and physical pain from the injuries. Although pain is not quantifiable, you can recover compensation for pain and suffering. You must understand that a physical wound is unnecessary to recover these damages.

Find a Personal Injury Lawyer Near Me

Not all accidents result from driver errors or drunk driving. A sober driver who follows all traffic rules could still cause an accident due to defective vehicle parts. Tires are one of the most common vehicle parts whose defects contribute to serious collisions. Tire explosions or blowouts caused by defective manufacturing or improper tire installation can cause serious vehicle rollovers or loss of vehicle control by the driver and hit other road users.

Injuries caused by defective tire accidents can be serious and life-changing. Therefore, victims of such accidents are entitled to compensation. By filing a personal injury claim against the person liable for the tire defects, you can recover damages for medical bills, pain and suffering, lost wages, and earning capacity. You can recover wrongful death benefits if you have lost a loved one in a defective tire accident.

Establishing liable parties and pursuing a successful claim can be complicated, especially when you are nursing injuries. Therefore, if you or your loved one battles a personal injury claim in Sacramento, CA, you will require the guidance we offer at Foos Gavin Law Firm. Contact us at 916-779-3500.