What To Do If Defective Tires Caused Your Auto Accident
Imagine this: You’re driving along I-40 on a cool but sunny day when you hear a small explosive sound from outside your car. You don’t feel any impact or vibration in your vehicle, so you give a mental shrug and dismiss the interruption for about half a second—and then, out of the corner of your eye, you glimpse another automobile sliding across the lanes to strike your car. The impact strikes the rear of your car. Fortunately, you have no passengers today. Your car spins around two or three times, and as it comes to rest you’re struck by a third vehicle, a relatively mild rear impact.
Your car is totaled, but you get off with just a moderate case of whiplash and a sprained shoulder.
Normally, your impulse—after getting proper medical care—would be to seek compensation from the driver who triggered the accident. That’s where you run into a complication, because that driver says she lost control of her car because of a blowout in a defective tire.
Now, you didn’t buy that tire. You had no dealings with the company that sold that tire. Can you sue the tire retailer or the tire company for your injuries?
What if you had been the person whose tire blew out. Does that make any difference, or is everyone going to sue you? What about the fellow whose car you didn’t hit, but who had damage to his car when he ran into a vehicle you did hit?
Holding Tire Companies Responsible
The answer is that, potentially, your North Carolina auto accident lawyer can make a case for the tire manufacturing company—and possibly the retail vendors—to be held liable for any injuries that occur as a result of these accidents.
Products made available for sale are required to be merchantable, a term meaning “suitable for the use for which they are intended.” That means a consumer product such as a car tire must be free of serious manufacturing defects. When a defective consumer item is sold and used in the way a reasonable person would use it, the manufacturer can be held responsible for any injuries that occur. The merchant can also be found liable if he knew about—or should have known about—the defects in the item.
The market for vehicle tires is dominated by a handful of giant corporations and a few dozen smaller companies. It’s most likely that the tires on your vehicle were made by one of these firms:
- BF Goodrich
- Cooper Tire & Rubber
- General Tire
- U.S. Royal
Each one of these companies has had occasional quality-control problems with its tires.
Turn to Speaks Law Firm for your Maximum Available Compensation
Consumers suffer when manufacturers use unsafe materials, shoddy workmanship, and poor product-testing practices. When a New Hanover County traffic accident caused by defective tires leaves you with a traumatic brain injury, shattered pelvis, broken ribs, or other severe injuries, you deserve justice—and you deserve fair compensation for the losses you have sustained.
The car accident lawyers at Speaks Law Firm provide experienced representation for personal injury clients in Wilmington and the surrounding area, including New Hanover County, Brunswick County, Columbus County, Pender County, and Robeson County. We’re not afraid to take a case to trial if the settlement offered by the tire company is too little for your needs. Call us today at 910-341-7570 (locally) or toll-free at 877-593-4233 to schedule a complimentary consultation and to get a FREE copy of our book, The North Carolina Auto Injury Book.