Mon 6th Feb | 2017

What it Takes to Win a Defective Tire Case

Defective Tires Tire Safety BY

Victims injured in car accidents due to negligence have the legal right to pursue financial compensation for their damages. While accidents occur for various reasons, many catastrophic crashes can be caused by unsafe and defectively manufactured or designed automobiles or their component parts, including defective tires.

If you or someone you love has been hurt in an accident you believe was caused by tire failure, our legal team at Clark, Fountain, La Vista, Littky-Rubin & Whitman is available to review your case at no charge, determine if a tire defect(s) caused or contributed to your crash, and discuss how we can help you pursue the compensation you deserve. With over 220 years of combined experience, our Florida personal injury lawyers have the resources and depth of knowledge required to win these cases.

Building an Effective Defective Tire Case

Product liability laws require manufacturers, distributors, and retailers to provide consumers with safe products that do not subject them to unreasonable dangers. When investigating tire defect cases, crafting effective claims, and highlighting the negligence and liability of auto product manufacturers or others responsible for providing consumers with defective tires, we focus on a few key elements that are critical to successful outcomes. These include:

  • Proving a tire is defective – Successful tire defect cases rely on your attorney’s ability to prove that your tire was defective and unreasonably dangerous. Depending on the circumstances involved, you will need to demonstrate that a failure in the manufacturing, design, distribution, warnings or some other aspect of the tire made it unsafe. It will also need to be shown that this failure(s) caused or contributed to your crash, and such failures will often involve a partial or complete tread separation, adhesion failure, bead failure, and/or blowout, among other things.
  • Providing evidence of defects – Evidence is critical to proving a tire is defective so if possible, make sure that you preserve the defective tire and the vehicle on which it was mounted at the time of the failure. In some cases, police reports may indicate a tire blowout or some other type of problem with a tire occurred. Even if a police report notes this, if possible, it is important to collect and retain any evidence relating to the tire failure for use later in your case. If you are able to do so, photograph the vehicle and scene of the crash. If possible, you will want to collect remains of the tire, which can later be investigated by experts who can shed insight on whether a tire was designed or manufactured improperly, or whether a tire was installed or otherwise negligently serviced in a way that made the tire unsafe. Additionally, it can be helpful to note the make and model of your tire to determine if the product was defective and recalled, or if a manufacturer failed in their legal obligation to warn consumers about issues or defects.
  • Determining who is responsible – Determining who is responsible for a defective tire is often shaped by the unique factors of your case. Tire failures caused by errors or shortcuts during the design or manufacturing phase could mean the tire manufacturer can be held liable for your damages. Other potential liable parties may include negligent repair shops, auto dealers or service centers that knew or should have known about dangerous tires, or tire sellers who provided you with a defective tire or left a defective tire on the vehicle. In any situation, at-fault parties will often fight aggressively to shirk responsibility and pay victims as little as possible – especially if they are large companies with extensive resource. This is why working with an experienced lawyer is crucial.
  • Work with proven attorneys – Working with attorneys who have experience with catastrophic car accidents caused by tire failures, the connections needed to collaborate with experts, and the resources to level the playing field between victims and large corporations can make all the difference in your case. Over the years, our firm has cultivated a reputation for winning tire failure cases, including newsworthy case results against some of the largest tire manufacturers in the world. Some of our notable results include a $32 million jury verdict on behalf of a truck driver who was injured as a result of a defectively manufactured tire and an $11 million recovery on behalf of a client who was catastrophically injured due to a tire blowout.

Time is of the essence in tire defect cases, which is why we encourage you to reach out to our team as soon as possible after an accident. We are prepared to review your case during a free consultation and help you navigate these difficult times. We can also immediately investigate, preserve evidence, and utilize the necessary resources to determine whether a defective tire caused your accident and if so, seek justice for you and your loved ones for the damages you incurred. Contact us today to discuss your case.