Who Do I Sue When A Defective Tire Causes An Accident?
Not all accidents are the result of DUI or high speeding and not following the traffic rules. Often a defective tire also can cause serious accidents.
Now, the question is-
Who will be responsible when a defective tire causes an accident?
It is a really common practice to blame the driver for mishandling the vehicle in a tire-related accident or wreck.
However, the actual liability can be of multiple parties. The parties usually involve auto specialists, the manufacturer, retailers, and dealers, along with the driver of the particular vehicle.
It does not matter with whom, or where the blame rests, tire defects can really cause dangerous accidents with fatalities and serious injuries.
Tire explosions or blowouts can be the result of a defective manufacturing practice or design flaw. In addition to that, storage or handling by a tire dealer or the retailer can also cause some types of damage to the tire, and they are again sold to the consumers.
In this case, the retail can be responsible for spreading wrong tire maintenance information, and that eventually results in improper use or care. Apart from that, incorrect installation by a mechanic is also addressed as the cause of tire malfunction.
Here, in this article, we will talk about the responsibilities of different parties.
Driver Responsibility
The first and foremost responsibility of a driver is to choose the best possible tires, like Utires. Apart from that, the individual also has a legal responsibility to the following.- Regularly inspects the care for any type of reasonably obvious problems.
- In case there is any potentially dangerous tire defect or any known problems, the individual should not drive the vehicle.
- Drive in a normal and reasonable manner to prevent accidents.
A driver might be held liable for driving on threadbare tires deliberately, neglecting regular examination and maintenance of their vehicle. This also includes driving in a manner such as slamming on the brakes or swerving dangerously, which causes sudden damage to the tire.
At the same time, the driver will not be held responsible in case the accident is the result of unavoidable debris on the road that results in unexpected tire blowouts.
Manufacturer Liability
In case the flat, explosion, or blowout was caused by a design or manufacturing defect, a manufacturer can be held responsible. Here are the possible ways that tire effects might cause an accident.- In case the steel and rubber components of the tire do not properly adhere, tread separation could happen. Either the hot weather or high speed can lead to this type of separation.
- Bead failure. This can happen when the bead comes out of the plant, and eventually, the tire separates from the wheel while the vehicle is in motion. This also can be the effect of poor manufacturing practices or design.
- Zipper or sidewall failure. In case the tire sidewall is defective, it allows air inside the tire to escape. This also affects malfunctions in all the other layers of the tire. As a result of using inferior quality material, design problems, or improper manufacturing process, sidewall failures happen.
In case the reason for the accident is defective tires that cause injuries or death, the victim has the legal right to claim monetary compensation from the manufacturing party.
Retailer Liability
For selling a tire, which was deteriorated while it was in-store or in the storeroom or damaged in the store, the retailer is held responsible. Here, the plaintiff has to prove the following.- The particular tire was sold in an unreasonably dangerous condition.
- Because of the defective tire, the plaintiff was injured.
- he seller of the tire had foreknowledge about the defects in the tire and also has simply no intention of bringing any necessary changes to the product.
Installer Responsibility
For improper installation of a tire, the automotive specialist or mechanics can be liable. In case the professionals install the wrong type of tire or fail to find out a tire defect, which eventually results in an accident with injuries, they will be held liable for the accident.In case the mechanic is unfamiliar with the installation process of a specific tire, which caused a misalliance between the wheel and the tire, an unsafe situation also might be created.
Although it seems most convenient to hold the driver responsible for the accident that is caused by a defective tire, it is also crucial to identify potential negligence or fault of the other possible parties.
In order to do that, an experienced and skilled attorney is required to prove liability in a case that involves multiple negligent parties.
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Posted - 05/09/2022
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