Flat tires and blowouts have been associated with many major crashes each year. These defects can make even a safe driver have trouble staying on the road and not running into anyone. All tire manufacturers could have defective tires and there have actually been many recalls in recent years including those from Michelin, Bridgestone, and Firestone to name a few. Victims who sustained harm or even financial losses from a defective tire that caused an accident could receive compensation or reach a settlement with those responsible to help cover these costs. But understanding the situation, and who is to blame for the car accident in Charlotte, NC due to these tires can be a challenge.
Defective Tire Causes
Most tires that you will put on your vehicle are reliable and are going to function the way that you intend. However, there are some tires that will malfunction and when they do, they can cause serious harm. Often, there is an error in design or installation that could cause the failure. Or, the driver could have caused the defective tire by putting too much wear and tear on them before replacing the tire.
Because of the rubber material of tires, they are only going to be usable for a short amount of time. According to the British Rubber Manufacturers Association, all unused tires that are more than six years old are seen as too old to be placed in service, even if they have not been used. If this type of tire is placed on your vehicle, it could increase your chances of being in a car accident in Charlotte, NC.
In addition, all tires should be replaced within ten years of their manufacture date, regardless of whether the tread is showing wear. So, if you purchased the tires four years ago and don’t use the vehicle that much, then the tread may not look so bad, but it would still be considered a defective tire.
According to the National Highway Traffic Safety Administration, there are many ways that a tire can fail including:
- Sudden loss of pressure for inflation
- Open splices
- Broken cords
- Belt edge separation
- Belt to belt separation
Strict Automotive Product Liability Law
When it comes to a defective tire, as well as other defective products in your vehicle, the liability laws will be a bit different. Product liability cases are not going to require you to prove negligence on the part of the manufacturer or other parties to receive your compensation. Instead, you just need to demonstrate how the tire defect was dangerous and caused the harm.
Design flaws, errors that were made during manufacturing, tire recall that was not followed by the installation crew, or insufficient warnings or directions could be grounds for a defective tire lawsuit.
In order to prove that harm was done and that maybe there should be a tire recall on that particular type, the personal injury needs to be directly linked to the car accident in Charlotte, NC that was related to the tire. Because many tire-related crashes can end with the vehicle rolling over, the injuries that are sustained can be pretty severe. Some of the injuries that you could use in court include:
- Road abrasions
- Spinal cord injuries
- Head and neck injuries
- Broken bones
Compensation For a Charlotte Auto Accident Caused by a Tire Defect
The first type of compensation that you may receive after being in a car accident in Charlotte, NC because of a defective tire will be to reimburse you for your accident-related expenses. These could include things like medical expenses, lost income, physical pain, psychological pain, and lost prospects. These damages are determined by a formula and the recovery time as well as the injuries will be considered.
In addition, it is possible to receive punitive damages with defective tire cases. These are meant to punish the party who is at fault and deter them from continuing on with what they did wrong or to deter them from making another error that is similar. This compensation can be large and will vary depending on the state you are filing in. They also often result in tire recall of the product to keep consumers safe in the future.
Contact an Experienced Charlotte Car Accident Lawyer
If you have been in a car accident in Charlotte, NC because of a defective tire, make sure to contact our Charlotte auto accident lawyers at Ted A. Greve and Associates. Our team can help handle your case and ensure that you get the compensation that you deserve for your injuries. Contact us today to get started.