Of all the vehicle components that can contribute to collisions, tires are among the most critical. When a tire lacks tread, has worn thin, or is defective in other ways, there is an imminent threat that the tire will contribute to a collision. Therefore, it is imperative that motorists continually monitor the roadworthiness of their vehicles’ tires and replace tires as necessary.
While some tires can be defective by nature, the majority of tire-related accidents result from negligence by vehicle owners. If you or a loved one suffered an injury in an accident related to one or more defective tires, hire a car accident attorney to seek fair compensation for your damages.
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How Vehicle Owners Must Ensure Tire Safety
When a car accident happens, the most likely responsible party is the vehicle owner. While dangerous driving actions often lead to collisions, a driver’s failure to maintain a safe vehicle can also cause an accident.
Motorists have several duties specific to their vehicles’ tires, which include:
- Knowing how old their tires are
- Understanding how many miles (approximately) they have driven on the tires
- Monitoring tread, pressure, and blemishes that affect the roadworthiness of tires
- Rotating tires regularly
- Repairing and replacing tires when they become unsafe
- Pulling over when a warning light comes on, or there are other signs that a tire may be unsafe
Those who take these steps are honoring their duty of care. Those who do not are negligent, which means they are responsible for any accident resulting from their defective tire(s).
Who Is Responsible When a Defective Tire Leads to a Car Accident?
When a car accident happens because of defective tires, the vehicle owner is often responsible for the collision. Therefore, a vehicle owner or their insurer may have to pay for damages resulting from your accident.
What to Do as the Victim of a Tire-Related Car Accident
If you suffered an injury in any car accident, you should:
See a Doctor as Soon as Possible
Anyone involved in a car accident should consider that, even if they are not experiencing obvious symptoms, they can be injured. Common accident-related injuries, including whiplash, are known to have late-onset symptoms, so you should:
- Find a trusted medical professional or institution in your area
- Visit the medical institution and explain that you have been in a car accident
- Explain to the doctor what happened and voice any symptoms you’re experiencing
- Undergo any medical imaging, physical exams, and other medical procedures the doctor recommends
Keep all medical images, doctors’ notes, bills, and other records related to your post-accident care. These documents may prove helpful to your lawyer in negotiating a settlement or winning a judgment at trial.
Retain a Car Accident Attorney to Fight for Fair Compensation
Let a lawyer be your advocate. You have too much to gain or lose when it comes to an insurance claim or lawsuit. A car accident lawyer will serve several crucial roles for you, including:
- Immediately taking command of your insurance claim or lawsuit
- Protecting you from any bad-faith tactics insurance companies may use against you
- Building a comprehensive and detailed case in pursuit of a fair settlement or verdict
- Updating you throughout your case so you can have peace of mind
Having an attorney may help you in several ways, including by providing peace of mind. You won’t have to stress about your case or shoulder the many demands that a claim or lawsuit requires. Your lawyer will take these crucial responsibilities off your shoulders.
Allow Your Attorney to Lead Every Step in Your Case (And Ask Their Advice About Case-Related Matters)
Once you hire a lawyer worthy of your trust, you can simply let them do their job. Your attorney will inform you if you have to take any steps related to your case. Your attorney will also update you frequently to note progress and review settlement offers.
How a Car Accident Lawyer Will Seek Justice for a Defective Tire Accident
Car accident lawyers are familiar with tire-related defects that can lead to a collision. This makes an attorney qualified to prove the at-fault motorist’s negligence, evaluate your damages, and pursue the compensation you deserve.
Some of the steps your lawyer may take to build your claim or lawsuit include:
Securing Evidence of the Defective Tires
Since defective tires are at the center of your case, your lawyer will work to prove that the tire was:
- Low on tread
- Worn in an irregular manner that made the tire(s) defective
- Punctured by a foreign object that the vehicle owner should have been aware of
- Cut or torn
- Cracked
- Defective in any other way that led to the tire’s malfunction
Your lawyer may use photography, expert testimony, statements from witnesses and the vehicle owner, and any other relevant evidence.
Hiring Experts in Tire-Related Safety Issues
Expert testimony can be a powerful piece of a car accident case. Your lawyer may retain a professional in the automotive industry who has expert-level knowledge of tires. Such an expert may testify that one or more tires were defective. They may also testify that the vehicle owner should have reasonably known of the defect and should have taken measures to repair or replace the tire.
Obtaining Evidence That the At-Fault Motorist Caused the Tires to Become Defective
Proving a tire’s defects is the first step in a two-step process. The second step will be for your lawyer to prove the vehicle owner should have known about the defect and taken steps to remedy it.
Documenting Your Accident-Related Damages
Car accidents can be extremely costly. To obtain the compensation you deserve, your lawyer will need to prove the damages you have suffered. Car accident lawyers can prove their clients’ damages using:
- Medical images such as X-rays, CT scans, and MRIs
- Doctors’ written descriptions of the accident victim’s injuries and symptoms
- Doctors’ written treatment plan for the accident victim, which can help prove current and future medical expenses
- Medical bills
- Any employment records, past income statements, or other documents that help prove the professional cost of the accident (including lost income)
- Invoices related to vehicle repairs (or the replacement of a totaled vehicle), temporary transportation, and any other property-related expenses from the car accident
- Diagnoses of your pain and suffering by a mental health professional
Every client has different damages that need to be documented. Your lawyer will obtain all available proof of damages resulting from the defective tire accident.
Forming a Plan for Securing Compensation
You may ultimately obtain compensation for your damages through:
- A settlement with one or more insurance companies
- A settlement reached with representatives of the at-fault party
- A verdict obtained from a judge or jury
Your lawyer will create a personalized case strategy aimed at achieving one of these outcomes. Most car accident cases ultimately settle, but your lawyer will be ready to represent you at trial if it is the best course of action in your case.
Hiring Experts to Evaluate and Value Your Damages
Experts may serve multiple roles in your case. Some of those roles may be to help your lawyer identify your damages, determine the duration for which the damages will affect you, and establish the precise financial cost of those damages.
Calculating the Value of a Fair Settlement
Your lawyer will determine the financial cost of your damages down to the dollar. Some factors that can affect the value of a car accident settlement include:
- The types of injuries you suffered
- The nature and severity of injury symptoms
- The time it takes you to recover from your injuries
- The specific types of medical care you require
- Whether any injuries are disabling
- The type and severity of your pain and suffering
Every car accident victim has a unique story, and each story has a unique monetary value. Your car accident lawyer will determine the cost you bear because a vehicle owner failed to ensure the safety and integrity of their vehicle’s tires.
Negotiating a Settlement
Once your car accident attorney knows how much compensation you are entitled to, they will attempt to negotiate a settlement with the liable party or parties. Often, car accident lawyers negotiate with insurance providers. If insurance companies do not offer to pay the victim fairly, your lawyer may advise you to sue.
Representing You in Any Lawsuit and Trial You Choose to Pursue
You have the final decision on you sue the at-fault party. Your attorney will provide the information and advice you need to make this decision.
Your car accident lawyer will be prepared to:
- Identify those who should be defendants in your lawsuit
- Draft and file your lawsuit (before the statute of limitations expires)
- Negotiate with liable parties after filing the lawsuit
- Completing discovery and other pre-trial proceedings
- Question witnesses, present evidence, and make oral arguments as part of the trial process
- Arrange experts to testify on your behalf at trial
Car accident lawyers are versatile. They can both negotiate settlements and obtain awards at trial. This ability to exhaust many different case strategies is one of the most compelling reasons to retain a car accident attorney.
Car Accident Lawyers Use Significant Resources to Build Successful Cases (at No Direct Cost to You)
When you hire a lawyer, you get more than just an attorney. Hiring a car accident attorney also means:
- Having a lawyer invest substantial time, energy, and thought into your case
- Having your law firm pay the upfront cost of completing your case
- Getting the help of paralegals, investigators, support staff, and others employed by the law firm
- Having your law firm pay for any expert services that benefit your case
If your case goes to trial, your law firm may also prepare you for the process.
Recoverable Damages for Victims Affected by Defective Tires
Though your accident-related damages will be unique to you, there are some common damages among car accident victims that include:
The Cost of Medical Care
Your case will almost certainly include medical expenses, which may result from:
- Imaging services
- Emergency treatment
- Diagnostic physical exams
- Hospital services
- Antibiotics and medications
- Medical equipment
- Surgery
- Any other medical services or items related to your car accident
Medical services are complex and nuanced. Your attorney will account for all medical services you have received and services you will receive in the future.
Pain and Suffering
You can receive compensation for any pain and suffering you’ve experienced due to your accident. Remember that this pain and suffering results directly from a vehicle owner’s failure to maintain their tires and may include:
- Physical pain, including any chronic conditions you experience
- Post-traumatic stress disorder (PTSD)
- Depression
- Anxiety
- Lost quality of life
- Lost sleep
- Scarring and disfigurement
Lawyers are well-versed in calculating the financial value of pain and suffering. They may use the multiplier or per diem methods to do this. Using these legally recognized methods will ensure they are seeking fair compensation for pain and suffering.
Mental Health Treatment
If you decide to take medication, seek counseling, or receive any other treatment for pain and suffering, your attorney will include treatment costs in your case. A mental health professional hired by your lawyer can document your pain and suffering, prescribe treatment, and help determine the cost of that treatment.
Professional Damages
You deserve fair compensation for any professional toll you suffer after your collision, which may include:
- Lost income
- Diminished earning capacity
- Inability to earn bonuses, promotions, and other performance-linked benefits
- Total loss of your ability to earn an income, in the case that you are disabled
Your lawyer will identify all damages you’ve suffered because of a motorist’s choice to ignore or disregard defective tires. Experienced attorneys have helped clients with a wide range of injuries and damages obtain fair compensation, and you should trust a lawyer to do the same for you.
There Is No Out-of-Pocket Cost to Hire a Car Accident Attorney
Car accident attorneys require no upfront or out-of-pocket compensation from clients like you. This means you can hire an attorney today regardless of your financial circumstances. Don’t wait to retain your personal injury attorney, as they may have a short time to file your case.
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