Being in a car accident in Augusta, GA can take its toll. Even a minor accident or a fender bender can result in some injuries and the need to get the vehicle fixed. There are a lot of reasons why this car accident may have happened, but how can you tell if the reason is from a tire defect?
There are many ways that a tire can become defective. The manufacturer may have made something wrong with the tire and it was sold before anything was known. The installation crew could have put on a tire that is too old. And you could even wear out the tires too much and they won’t work properly. But knowing whether the defective tire was the cause of the auto accident can make a difference in the type of claim you file.
Will this tire defect be on the police report?
After the accident and checking that everyone does not need emergency medical attention, you will need to call the police. Having a police report written up can help with any claim that you may have and will create an important record of parts of the accident that you may have missed. After the accident, only talk to the medical professionals and the police until you get a chance to find a car accident attorney who can represent you in negotiations and other parts of the case.
The police report is going to be filled with as much information about the accident as possible, including the likely cause of the accident if it is known. However, the tire defect is going to be more the symptom of an accident, rather than the cause. Often the report will not list that the tire could have been the problem unless they notice that the tire is part of a tire recall, and this can make it difficult to claim that this is the issue.
Save your tire
Since the defective tire is usually not going to be a part of the police report with a car accident in Augusta, GA, it is important to have some evidence when you bring up the case in court. If you have been in an accident and you feel that the tire may have been part of the issue, then you should collect them, or at least a part, for your car accident attorney to use later.
This may not be the first thing to consider, but with any accident in Augusta, GA, it is a good idea to preserve the tire if possible. Consider getting as much as possible, not just the part that is left in the whole, but also the little pieces that are all over the highway. Preserve the tire and then when you seek the consult of an attorney, see if you are able to use this as evidence that the accident was caused by a defect in the tire.
Negligence vs. product liability
Tire defects and tire recalls are going to be different compared to a regular car accident. Tire defects are going to fall into a new type of lawsuit, a product liability lawsuit, while an auto accident will fall under a negligence claim unless there is something else wrong with the car itself.
Of course, it is going to depend on the issue with the tire. If you have reason to believe that something is wrong with the tires, such as you have owned them for some time and the tire tread got bad without replacing them, then the case can still be considered negligence. If you have tires that are brand-new or just got put on and something happened, then it is more likely to be a product liability issue and you may have a case against the manufacturer or installation crew for these tires.
Depending on the reason for the tire defect, your lawsuit could end up in a tire recall with the company who designed them. The courts could award you not only compensation for your injuries, but also punitive damages due to trying to ensure that the company will not continue with their unsafe practices. This does not happen in many car accident cases, but it is something that you and your attorney can work on together to determine if your case meets the criteria.
If you have been in a car accident in Augusta, GA with a tire defect contact our Georgia automobile accident attorney at Ted A. Greve and Associates. We will be able to take a look at your case and help you file the claim that you need. Contact us today to get started.
