Defective Tire Accidents: What Are Your Legal Options?

Replacing your vehicle’s tires is part of routine maintenance. You regularly change the oil, check the brake fluid, and replace any old, and worn-out tires. When you leave the lot, you expect your tires to perform as advertised.

Unfortunately, defective tires can make it onto vehicles, and this can lead to any accident. If defective tires are the cause of your vehicle collision, you may have legal options that include receiving compensation for your damages. However, filing a defective tire accident claim means following a few basic steps.

What’s Considered a Defective Tire?

Puncturing your tire by driving over a nail doesn’t necessarily mean it’s defective, which also applies if you over-inflate a tire and it blows out on the freeway. Even if the blow-out results in an accident, you probably can’t claim a defective tire. Instead, owner error is most likely to blame.

However, tires can be defective, even new ones direct from the manufacturer. So, when is a tire considered defective?

• The tire is damaged during the manufacturing process
• A puncture isn’t properly repaired by an automotive service shop
• Defects in the production process

If a used tire isn’t properly retreaded before going on a vehicle, this can be considered a product defect.

Common Types of Accidents Caused by Defective Tires

The National Highway Traffic Safety Administration reports around 15,000 vehicle accidents in the U.S. are caused by defective tires each year. A defective tire, even when it doesn’t blow out, can make it difficult for drivers to control their vehicles.

Your car may swerve into nearby traffic or spin off the road. You may even be involved in a rollover collision. If your vehicle spins out of control, your chances of being struck by another vehicle significantly increase. If you have passengers, a defective tire also increases their likelihood of being injured in a car accident.

Steps for Filing a Defective Tire Accident Claim

Accidents caused by defective tires often fall under product liability rules which are governed by personal injury law, and ts means to file a claim, you look to personal injury guidelines. So, what are the steps for filing a defective tire accident claim?

Report the Accident

If the accident results in injuries or fatalities, you must remain at the scene and wait for the authorities to arrive. You should also immediately report the accident if there’s damage to any of the involved vehicles.

State laws can vary on requirements for when you must report a vehicle accident, however, it’s usually best to report any collision immediately to the authorities. This way, you have proof the accident occurred in the manner you’re listing on your accident claim.

Seek Medical Attention

Hopefully, your injuries aren’t severe enough to justify a ride to the emergency room in an ambulance. Even if there aren’t any obvious injuries, it’s still a good idea to make an appointment with your healthcare provider. You may have internal injuries that aren’t showing immediate signs and symptoms.

Along with being proactive about your health, you’re also gathering documentation for your defective tire accident claim. Your medical records will help support your injury claim.

Determine Liability

Before you can file an accident claim, you must identify the liable party. In other words, you need to know who’s insurance company to contact. So, who can be liable for a defective tire accident claim?

The automotive shop or car dealership may be liable if they knowingly installed defective tires on your vehicle. The tire manufacturer may be liable if the defect is caused by errors in the production or design process.

Working with an accident attorney can make it easier to determine liability. Your attorney can consult with industry experts and collect evidence to identify who should be named as a defendant in your detective tire claim.

Contact the Insurance Company

Once liability is determined and you’ve calculated your damages, it’s time to contact the insurance company. Don’t expect the claim process to only take a few days. The process can drag on for weeks or even months.

The insurance adjuster will review your claim, looking for any inaccuracies or missing information. After reviewing your claim, you move into negotiations, which is when the insurance adjuster offers a settlement amount and you decide to accept it or continue with the negotiations.

If negotiations fall through, the next step is filing your defective tire accident claim in civil court. Before your lawsuit goes to trial, you’ll go through at least another round of negotiations. If an agreement isn’t reached, your lawsuit goes to trial.

Potential Challenges in a Defective Tire Accident Claim

You should expect to come across a few challenges in a defective tire accident claim. Product liability claims are often complex. You need to prove the tire’s defect isn’t your fault.

For example, over or under-inflating the tire. Identifying the liable party can also be difficult, which is especially true if multiple parties are liable. An example is if both the manufacturer and distributor are aware of the possible defects but don’t warn consumers.

Dealing with the liable party’s insurance company is rarely a piece of cake. The insurance adjuster’s job is to limit your claim amount and they have several tactics that can work to delay and undervalue your claim.

Don’t be surprised if the insurance company tries dragging out negotiations to get you to agree to a reduced settlement amount. This is only one example of common tactics used by insurance companies.

The statute of limitations can also present a challenge. All states have statutes of limitations in place for personal injury and product liability claims. These statutes vary by state but are typically anywhere between two and four years. If the statute of limitations runs out, you probably won’t be able to file a defective tire claim.

Injured in an Accident with a Defective Tire? You Have Legal Rights

If a defective tire causes your car accident, you have legal rights that include the possibility of receiving compensation for your damages. Make sure to speak to an accident attorney about your defective tire accident claim and learn more about your legal options.

Experienced attorneys can help you identify the responsible parties, such as the tire manufacturer or retailer, and guide you through the process of filing a claim. They’re also able to assist in gathering evidence, such as expert testimony and product recalls, to build a strong case and ensure you receive the compensation you deserve for your injuries and losses.