Realizing there is an issue with your tire is not just an inconvenience when moving from one point to another. A major defect in one of your tires can be a significant liability on the road, leading to life-changing accidents and fatalities.
All tires should be free of defects and safe for use. However, this is not always true, and some tires sold out there comes with defects and are not safe for use. This is supported by the many lawsuits and recalls of tires by the manufacturers.
When you or your loved one suffers an injury due to defective tires, you should reach out to a qualified personal injury lawyer. Trying to seek justice for the negligence of an established tire manufacturing company can be an intimidating and stressful process. If you are in Jacksonville, contact the Jacksonville Personal Injury Attorney to help you seek rightful compensation as a result of defective tires.
Defective Tires, Accidents, and Injuries
A tire defect can come in any of the following forms: marketing mistakes, dangerous design, or manufacturing error, as explained below:
- Manufacturing error – A manufacturing error occurs during the assembly line and can lead to a risky tire.
- Dangerous design – A tire with an unsafe design can shred when used and even blow out in such a manner that it makes the car unstable.
- Marketing mistakes – A tire with insufficient marketing can mean that the user misuses it and fail to replace it when necessary.
A defective tire due to one of the three reasons can cause accidents such as:
- Tire Blowout or Shred Accident
One major accident involving a defective tire is the tire blowout or shred accident. This occurs when you drive your car on the road with different problems like potholes and other crumbling conditions.
If the tire had a defect like a cut, it might end up losing air rapidly or even slowly and become overloaded. Eventually, this leads to a blowout when you are on the road and can result in a fatal accident.
- Tire Skidding Accident
A car skid due to defective tires can be dangerous and has often resulted in accidents and deaths. Generally, your vehicle might skid when the road is full of ice or slippery. This is because there is less friction between the road and the tire.
The main reason why your car might skid is due to defective tires that have no thread or have weak threads. This can be due to a manufacturing error, marketing mistakes, or dangerous design.
- Accidents Caused by A Tire Falling Off the Car
Another common type of defective tire accident is a tire that falls off your car while driving. If this happens, chances are you will lose control of your vehicle and rollover. In this situation, costly and severe injuries might arise to the driver, passenger, or even another person.
Some tires might have defects that make them loosen when you are on the road such as loose lug nuts, broken hub, fastening failure, and others. These defects are likely to cause a tire to fall off your car.
- Spinning Tire Accident
You might have experienced tires spin when trying to take off an uphill or during the rainy days. This problem is often caused by tires problem – tires that don’t have sufficient grip in such conditions.
At least 1.6mm of your tire depth should contact the road to prevent your car from spinning. In case there is a defect, you can end up spinning in the wrong way and cause injuries to people or even hit a structure.
- Crossing Lane Accidents
Generally speaking, a car that enters a lane is at fault for any crossing lanes accident that might occur from its entrance into the lane. Also, when you merge lanes and cause a car crash, you will be at fault for the crash. You must make sure that you can safely cross lane before you do so.
However, you might not be at fault if the accident occurred due to defective tires such as tires that make your vehicle fail to stop. This can mean that your car accident crosses the lanes while you are trying to stop it, and it leads to a car crash.
- Swerving Tire Accident
A swerving tire can lead to an accident, especially if you hit a pothole. You can lose control of your car due to the swerving tire and end up hitting potholes on the roads, which could lead to a serious accident.
A car tire can swerve because of a dangerous design or even a manufacturing error.
- Running Off the Road Accident
If you are driving along a pavement and one of the wheels drops off, you might not think it’s a big issue. You can easily steer the car back onto the road, but this is not always the case.
There are situations that will require you to get off the road completely to ensure that the road is clear before you try to get on the road again. You could even lose control of your car and end up causing an accident such as rolling over.
Running off the road can also be caused by a defective tire that doesn’t have sufficient grip.
- Hydroplaning and Loss of Car Control
Tire tractions are important to road safety, especially when driving under wet conditions. Your tire treads help to channel away from the water on the road to allow your car to have a better grip.
If you get defective tires with no tread, they won’t channel this water away, and this will increase the distance between the wheel and the surface. This increases the possibility of losing control of your car and getting into a fatal accident.
- Unsafe Heat Buildup Accident
The thickness of your car tires works to help thwart massive heat buildup since the tires are always on the ground. It is the work of the thread to allow air to get through the tires and cool them.
Shallows threads due to a manufacturing fault can reduce the amount of air that gets to the tire and leads to overheating. This often results in blowouts.
Car accidents due to defective tires can lead to different injuries that affect the driver, passenger, or even pedestrians. The victims can suffer days, weeks, months, or years of pain, and some might never recover.
Some of these injuries include:
- Broken bones
- Spinal cord injuries
- Traumatic brain injuries
- Sprains and fractures
You might need the help of a Jacksonville Personal injury lawyer if you are suffering from the aftermath of a defective tire accident.
Tread Separation Due to Traveling at a High Speed
There is a prescribed or recommended design or engineering standard for every tire. If the tire isn’t manufactured in a certain standard, the thread can easily separate from the steel belts.
Specifically, if your car is moving at high speed on a highway or road, this separation can easily arise. If there is a problem with the design, manufacturer specification, or tread bonding, this problem can easily occur when your car is at high speed.
Even if just one tire fails, you can easily lose control of your car. This leads to single or multiple car accidents, with serious personal injuries or even death.
Tire Blowouts Due to Defective Rims
A tire blowout can also occur due to a defective rims, which slices into your tire or is improperly sized. This can result in a tire blowout or even slip off the rim. Thus, you should note that a defective rim cannot lead to a tire manufacturer liability case.
This is a different case that will require your personal injury attorney to evaluate its merits, facts, and circumstances. Your vehicle and tires need to be inspected by a professional engineer who might link the accident to the defect of the tire.
Tire Defects of Overfilled, Underfilled, Weak Rubber or Old Age
Some tires might have passed their useful life because they remained in the store for a long time. This means that even if you buy them today, they will still be old.
The rubber might also be weak, which results in a blowout if you drive your car at high speeds or a high amount of pressure that require the use of hard break. Also, the rubber might crack or dry out and cause an accident.
You might also buy tires that are underfilled or overfilled with air. This might cause a tire accident the moment you use them on the road.
Ensure that you get documentation when you purchase your tires and produce them when filing a lawsuit against the faulty party. This will ensure that your attorney traces the responsibility with ease.
Florida Tire Lawsuits
Personal injury attorneys can handle different types of defect tire cases against all manufacturers. A tire defect case arises when tires fail, leading to injury or death.
Most tire accidents (discussed above) are associated with roadway collisions and rollover events that give rise to fatal injuries. The major types of tire defect lawsuits include the following:
- Tire Tread Separation
Tire tread separations occur when the outer steel belt and the top part of thread peel away from the body of the tire, leaving the rest of the wheel intact but with no thread. The tread can peel away partially or wholly, but in either case, the dynamics of your car will change dramatically and quickly lose control.
Tire tread separation mainly leads to roll over and can be tragic due to its unexpected and sudden nature. Your personal injury attorney can help you to file a case against the tire manufacturer if you are involved in an accident because of tire tread separation.
- Negligent Tire Placement
Tire service providers follow industry standards when placing new tires on cars. If you purchase only two tires, these tires should be placed on the rear of your car and the old one on the front.
A tire service provider should also watch out for worn-out tires, improperly repaired tires, or recalled ones and ensure that they don’t remain on your car. Again, your personal injury attorney can help you to sue your tire service provider if it is negligent in tire placement.
- Rental Car with Defective Tires
When you lease a car from a rental car company, you assume that the car is in good condition, including the tires. If you rent a car with defective tires or unsafe tires, qualified lawyers can bring claims against these companies for their responsibility in causing harm or injury.
For example, a rental company might provide cars with low tread or with improper repair in the tires, which can fail.
Also, note that rental car companies can be responsible along with the tire manufacturer for any injury caused by a tire defect. It is always advisable to seek help from a professional tire defect attorney to know whom to sue.
Getting the Right Compensation
Having a qualified attorney will not just prove that the tire had a defect, and the manufacturer is to blame. The most important duty of your personal injury lawyer is to make sure that you get the right compensation. A tire company might pay you something on your own, but is it really what your injuries are worth?
You need to remember that no matter how or where the accident occurred, all accidents are traumatic to some extent. It is not just getting your vehicle back in shape or someone paying your treatment bills.
Your attorney’s major role is to help you get back on your two feet, and that starts by getting the right compensation from the party at fault. A defective tire means that someone’s negligence has led to the accident, which has resulted in damages – in the short and long term.
A strong personal injury case from a good attorney can help you to sue for the following:
- Medical expenses – Medial bill is the most obvious cost and the most instant after a car accident. This can balloon, depending on the seriousness of the injury, so you should ensure that all the expenses are covered. Your attorney will come in handy when speaking to the doctor to get a full medical report of what you might need today and in the future.
- Opportunity losses in earning capacity and wages – You lose your ability to be as productive as before the accident if you get injured due to a defective tire accident. In some situations, you might be forced to stay at home due to a life-changing accident, which results in permanent damage. There are also situations in which you will become less productive, and this is the time to seek compensation.
- Suffering and pain – Suffering through trauma is a serious effect of a car accident due to defective tires. Although it might be impossible to determine the level of psychological suffering, you should not underestimate it. A lawyer will help you to get compensation for suffering and pain that you might experience even after your physical injuries are healed.
- Inability to enjoy life – The other not-so-clear side effect of being a victim of a car accident is losing your ability to enjoy life and do your duties freely.
Statute of Limitations for Car Accidents
You should ensure that you contact your personal injury attorney as soon as you get involved in a defective tire car accident. Just like other states, Florida limits the time you have to sue the parties that caused your injury or death of your loved one via statute of limitations.
Here are two things that you should keep in mind:
Product liability injury claims
Vehicle accidents can be caused by defective car parts such as brake pads and tires of defective cars. In this case, your lawyer may seek compensation from the producer of the car, tire, or brake pads through a product liability lawsuit.
If the tire accident leads to an injury, a 4-year statute of limitations comes into effect. However, if the accident leads to death, wrongful death car accident claims come into effect.
Wrongful death car accident claims
If your loved one dies in a car accident due to defective tires or from the injuries arising from the injury, you can file a case against the tire manufacturer within two years.
Why You Need A Personal Injury Attorney?
It is advisable to seek the services of a personal injury attorney if you are involved in a defective tire accident. These lawyers can help you in the following ways:
- A complimentary consultation – Your personal injury attorney will offer you a complimentary consultation to know you and your lawsuit. The lawyer will also gather the necessary documents to figure out if your case is strong.
- Establish a manufacturer’s fault – Florida follows the product liability law that allows you to hold the manufacturer liable without having to prove negligence. Your lawyer will collect the necessary evidence to show that the tire’s company is
- Evaluate settlement offers – You might be tempted to accept the first offer that comes on the table. The attorney will negotiate with the faulty party to pay you a higher compensation.
- Present your case in court – If your case proceeds to court, your personal injury attorney will present your case in court.
Common Questions about Defect Tire Car Accident
What are the different types of defect tire recalls?
Different types of recalls can make a manufacturer to recall his or her tires. One type of recall is the voluntary recall, where the manufacturer becomes aware of the defect. This type of recall can come in handy to prevent lawsuits. The National Highway Traffic Safety Administration can also order a recall called a mandatory recall. This occurs if there are many cases of injuries and deaths from defective tires.
How can you know if your tire has been recalled?
You might get a notification of your tire recall if a company recalls its tires. However, since there is no legal way of doing this, you might never get the notification. You should use the USA Tire Manufacturers Association search tool to find out the status of your tires.
Can I file a product liability case against the tire manufacturer?
If a tire defect makes you suffer injuries in a car accident, you might be eligible to sue for compensation via the product liability personal injury claim. Florida law allows compensation when a defective tire causes injuries or worsens them.
To file your case, you should be able to show that:
- The tire was defective – It will be easier to show that the tire was defective if it is under recall. Sometimes your lawyer will work with a tire professional to prove that the tires’ were defective.
- You didn’t substantially alter the tire once you got it – You will have a harder time if you patched the tires or drove on them for a longer time than what is recommended.
- The defective tires caused your injuries – Your attorney will show that the tires caused the accident, such as tread separation.
Why are tire defect accidents dangerous?
The National Highway Traffic Safety Administration statistics show that about 10,275 injuries and 414 deaths occur every year due to defective tires. A typical accident that occurs due to a defective tire is the rollover accident.
When the tire blows, explodes, or even loses it tread while on the highway, the driver cannot control the car any longer. Out-of-control vehicles usually end up in accidents.
Find a Jacksonville Personal Injury Lawyer Near Me
Jacksonville Personal Injury Attorney is a law firm experienced in evaluating and litigating tire liability claims. We have the skill, resources, and experience required to handle complex and large tire defect cases.
Feel free to contact us today at 904-800-7557 to book an appointment and increase your chances of getting the maximum compensation if you are involved in a defective tire accident.