Who Can You Sue for a Tire Blowout?
The safety of our vehicles on the streets depends on a basic fundamental assumption: all the equipment in the vehicle is performing as it should. If even one of the parts stops working, it could spell trouble for not only the people in the vehicle, but also the public around the vehicle. One should make sure that the car or truck is in optimum condition before taking it out on the road. One of things to check before heading out is the condition of the tires.
How do the People Suffer?
In the United States, it is a common occurrence for federal regulators to announce a new round of recalls for defective tires. This mainly happens due to negligence in the designing or manufacturing process. In fact, millions of tires out there today are defective and dangerous. This is due to manufacturing companies do nothing to alert the public about the hazards of tire defects. Even if they are told about their defective products, usually, they deploy delay tactics so they can avoid tire recall at any cost. Typically, what happens is that after too many injuries, road accidents, complaints and lawsuits, the tire manufacturers finally accept the shortcomings of their products. Every year, thousands of people put up with minor to major injuries in car and truck crashes caused by defective or worn out tires. In 2017, the National Highway Traffic Safety Administration (NHTSA) reported 738 crashes that were related to tire blowouts.
Who gets the Blame?
Ascertaining liability in a tire blowout case is more complicated than other automotive vehicular accidents. Apart from the obvious driver negligence, there are other claims too. These are called potential product liability claims.
Product Liability Claims
It is possible for the driver of the car that had the tire blowout to have a claim against the tire manufacturer. As well as a claim against the installer or repairman. These types of cases are considered as product liability cases. If the driver can provide evidence that the tire or installation or repair were defective, they may get damages for injuries. Additionally, they could get the loss of value to personal property.
You can file suit against the manufacturer, distributor, or seller of a product. What you need to prove is one of the following:
- Inherently dangerous design
- Failure to adequately warn users of a risk
- Defective construction or installation
To prove this sort of a case is arduous to say the least. The driver will need to hire experts so they can analyze the evidence, talk to witnesses. Additionally, they will need to testify about the tire blowout.
If the driver of a car that had a tire blowout collides with a third party, then the third party can claim negligence against the driver. They can also bring a product liability claim against the manufacturers as well.
Typically, a third party victim does not go for the product liability claim. They will only pursue the case against the driver’s negligence. This is usually an easier task to prove as drivers hardly ever inspect their tires. Although, it is their duty to do so on a regular basis.
However, if a driver can testify that he inspects the tires on a regular basis and that there were no signs of wear or tear, then this could present a problem for the third party who is trying to claim negligence.
That is why, people who’ve been in auto accidents that they think resulted from a tire blowout should immediately contact an experienced attorney who knows the turf. He or she can help them determine how to bring their claim. Failing to file against the responsible party within the allotted time (i.e. statute of limitations) can lead to a claim being unwinnable or otherwise dismissed.