You rely on your car tire to maintain your stability on the road. A faulty tire can trigger a catastrophic accident in an instant. Even the most cautious driver can lose control in a sudden blowout or tread separation and cause a devastating crash, serious injuries, or even death. Sadly, tire defects are not always noticeable until it is too late, and the victims have to struggle with medical expenses, lost wages, and emotional distress.

California law allows you to seek compensation if you have been injured in an accident due to a defective tire. The defect might have been in the tire's design, manufacturing, or a failure to issue proper warnings, but you may have a valid claim under product liability laws. It is essential to know your rights, and an expert product liability lawyer can guide you through the complicated process of pursuing justice and compensation.

Filing a Lawsuit for Injuries Caused by a Defective Tire

If you have been injured in an accident due to a defective tire, you are legally entitled to compensation by filing a personal injury claim. California product liability laws do not hold you to proving specifically how the tire was defective or who the party in error was, but only that the tire was faulty and that it was the direct cause of the accident that resulted in your injuries.

When a loved one is killed in a defective tire accident, the most tragic of all, then some family members may bring a wrongful death claim. Such a claim assists surviving family members in claiming damages regarding funeral expenses, loss of financial support, and emotional loss of companionship. The California law limits the person who may file a wrongful death claim to spouses, domestic partners, children, or, in some instances, grandchildren.

There also exist cases when the negligence of another driver is involved. If another driver had known or should have known that they were driving on tires that were dangerously worn or defective and that they caused an accident, you may sue that driver personally. The inability to keep tires in a safe condition or disregard of visible damage may constitute negligence, which will allow bringing a distinct claim against the driver.

Compensation You Can Recover in a Defective Tire Lawsuit

In case a defective tire caused your accident, you can seek compensation reflecting the extent of your losses. These damages are supposed to put you back where you would have been financially, physically, and emotionally had the accident never occurred.

  • Lost wages. You can be compensated if your injuries compelled you to take time off work.
  • Loss of earning potential. You can also claim the income you can no longer earn due to permanent impairments should your injuries be so severe that they restrict your future earning capacity.
  • Medical expenses. You also have the right to be compensated for the hospital bills, subsequent treatment, physical therapy, prescriptions, and any surgery required. If your injuries need long-term care, the future medical expenses can be included in your claim.
  • Pain and suffering. Accidents damage your body, your mind, and your emotions. This is the reason why you are allowed to claim damages for it, which covers the physical pain, mental anguish, and emotional distress you experience due to the accident.
  • Property damage. Do not forget about your car and personal belongings. In case your vehicle was damaged or destroyed in the crash, you may seek compensation to pay for the repair or replacement.
  • Loss of consortium. If your injuries have impacted your relationship with your spouse or partner, you can also claim loss of consortium.

Common Causes of Accidents Involving Defective Tires

Tires are essential to the safety of your car. They are the only interface between your vehicle and the road, giving traction, stability, and control. When a tire is faulty, such a connection is lost, and the risk of losing control, skidding, or rolling over, especially at high speed or when making sharp maneuvers, is high.

Tread Separation

This is one of the most hazardous defects. The tread is designed outside the tire to grab the road and direct water off the tire to avoid hydroplaning. Once the tread begins to flake off the tire's body, or, in other words, delaminate, you are immediately in danger of losing control. Tread separation is usually caused by bad manufacturing, design, or even poor repairs, such as poor retreading. Even new tires can be separated when they were not well-manufactured or stored before sale.

A Tire Blowout

This is another typical flaw when the tire unexpectedly bursts while the car is moving. Damaged sidewalls, production flaws, or faulty rubber-to-metal bonding, such as steel belts, may cause blowouts. The result of a blowout is usually a sudden drop in air pressure, which results in the car swerving, spinning, or crashing, particularly when it occurs on a highway.

Overloading Your Car

Although it is usually due to defects, other causes of blowouts may include overloading your car, driving with underinflated tires, or hitting potholes. However, in the case of a manufacturing or design defect, these external loads only hasten the chance of a disastrous failure.

Liability for a Defective Tire Accident

California product liability laws allow several parties to be strictly liable in case of an accident caused by a defective tire. These laws do not demand that you establish that the manufacturer, distributor, or seller was negligent. Instead, you just have to show that the tire was defective, the defect was present when the tire left the defendant's control, and that defect was a significant cause of your injuries.

The main defendant is the tire manufacturer in most instances. However, you may also sue the distributor or retailer who sold the tire. The strict liability approach of California makes all the parties involved in the distribution chain liable to make the product safe.

To prove liability, you should meet several essential requirements:

  1. The defendant was the manufacturer, distributor, or seller of the tire
  2. The defect in the tire was present when it was in the possession of the defendant; it was either in design, manufacturing, or warnings
  3. You were operating the tire as you should have or in a foreseeable way
  4. The defect directly caused your injuries or losses

Since defective tire claims are technical, the role of expert testimony cannot be overemphasized. Experts can analyze the remains of the tire, determine the defect, and connect it to the crash. It is almost impossible to demonstrate without professional analysis that the cause of the accident was not the driver or other factors, but the tire failure.

What if the Tire Was in Good Condition When Purchased?

Even if the tire was in good condition when purchased, you might still have a claim if another party’s negligence made it dangerous. Manufacturers are not the only ones who are liable. Other parties may be liable if their carelessness was why the tire failed and you got injured.

For example, a mechanic or repair shop could be liable if they improperly installed, repaired, or retreaded the tire. A used tire dealer may also be liable when they sell you a tire that is worn out, has been damaged before, or is otherwise unsafe to use. In some instances, an owner of a vehicle may be aware that they are driving on defective or worn-out tires and endanger the lives of all other people on the road.

In extreme instances, there are even chances of a vandal damaging a tire, posing an unknown threat that results in an accident. In either of these situations, the negligent party can be sued based on negligence law instead of strict product liability.

Your lawyer will have to demonstrate:

  1. The defendant had a duty of care towards you, for example, to repair the tire, install it, or sell it safely
  2. The defendant violated that duty through carelessness or non-adherence to industry standards
  3. This negligence directly resulted in tire failure, which resulted in your accident
  4. You experienced real damages such as injuries, financial losses, or emotional distress

A skilled lawyer can assist in compiling the evidence that can prove these aspects, such as repair records, expert opinions, and witness testimonies. In the absence of this evidence, it is hard to establish the direct connection between the negligence of another party and the accident involving tires.

Understanding Strict Liability in Tire Defect Cases

Most of the defective tire cases in California are governed by the doctrine of strict liability. This legal standard makes the manufacturers, distributors, and sellers liable for injuries resulting from a defective product, whether they were negligent or not. It is only about the state of the product, not the intentions or the actions of the defendant.

In strict liability, you are not required to show that the company was aware of the defect or did not take reasonable care. Instead, all you have to do is prove that the tire was defective as it left the hands of the defendant and that defect was a substantial cause of your injuries. Three main categories of product defects can cause strict liability:

Manufacturing Defects

A manufacturing defect occurs when a tire is defective because of mistakes in the manufacturing process. A tire that is designed to be safe can still be dangerous due to a flaw in the manufacturing process, for example, improper bonding of materials, contamination, or structural weakness. To establish liability, you need to establish that:

  1. The defendant produced, sold, or distributed the tire
  2. The tire was defectively manufactured when it was in their care
  3. The defect contributed significantly to your injuries

Design Defects

A design defect occurs when the tire as a whole is unsafe even when it is produced properly. For example, a tire with an ineffective or inefficient tread pattern or a too thin sidewall may be deemed defectively designed.

You can demonstrate a design defect under either of the following tests:

  1. When used as designed, the tire was not as safe as an ordinary consumer would have expected
  2. The dangers of the design supersede the advantages

Warning or Instructional Defects

A tire can also be defective if the manufacturer did not give sufficient warnings or instructions about its safe use. For example, if a tire is only rated for certain speeds or load limits but is not adequately labeled, the manufacturer could be held accountable for accidents caused by that omission. To prevail on a failure-to-warn claim, you must show that:

  1. The tire presented risks that were known or knowable by the defendant
  2. The defendant was not sufficiently warned
  3. Your injury is due to a lack of warnings

Knowing these defect categories allows your attorney to craft the legal approach to fit the details of your case. Expert testimony, tire analysis, and safety records may be necessary to establish the type of defect and how it caused your accident.

Defenses Tire Companies Use to Escape Liability

When an accident happens because of a faulty tire, tire manufacturers and their insurers are not quick to accept liability. Rather, they tend to put up fierce defenses to prevent paying compensation or to minimize their financial liability. Learning about these popular tactics can prepare you and your lawyer to face difficulties in your case.

  • The tire was not defective in any way. The manufacturer can say that the tire was working as intended and that there was another cause of the crash, such as poor road conditions or driver error.
  • The tire was abused or not maintained. The company may claim that you, the driver, failed to keep the tires at the correct pressure, overloaded the vehicle, or drove on tires with worn-out treads as the cause of the failure, not a defect.
  • A third party altered or damaged the tire after leaving their possession. For example, the manufacturer may blame the repair shop or the tire retreading for using substandard materials in case of an improper patch job or retreading.
  • You led to the accident by driving recklessly. The tire company could claim that you disregarded maintenance indicators or did not care for apparent tire damage. This is where the comparative fault rule of California comes to the fore. In this legal doctrine, your compensation may be lowered according to your percentage of fault. For example, when a court determines that you are 20 percent at fault in the crash due to speeding and the defect in the tire is 80 percent of the fault, your compensation will be 20 percent less.

Wrongful Death Claims from Defective Tire Accidents

In a case where a defective tire has led to a fatal accident, family members who have survived the fatal accident may be entitled to file a wrongful death claim against the manufacturer, distributor, or seller of the defective tire. These are claims meant to reimburse the family of the personal and economic losses that occur due to the loss of a loved one as a result of the wrongdoings of another person.

Not all persons in California can file a wrongful death claim. The state law restricts this right to certain people, such as:

  1. A domestic partner or surviving spouse
  2. The deceased’s child
  3. Grandchildren, in case the children of the deceased are not alive
  4. Other family members who would be entitled to inherit under the intestate succession laws of California, for example, parents or siblings in the absence of closer relatives

The damages that can be claimed in a wrongful death action extend beyond the immediate expenses, such as funeral and burial expenses. You are also entitled to recover compensation on:

  • Loss of money that the deceased would have earned throughout their life
  • The household services that the deceased would have provided
  • The companionship, guidance, affection, and moral support that the family will be deprived of

The purpose of the wrongful death law in California is to make sure that the family of the victim does not find itself in a financially ruined state in case of a preventable tragedy. These cases are, however, complex, especially when several parties could be responsible for the tire defect.

Find a Personal Injury Lawyer Near Me

A faulty tire can easily transform an ordinary drive into a disastrous crash. If you have been hurt due to a tire defect, you must understand your legal rights to get the compensation you are entitled to. These allegations are usually associated with complicated investigations, professional examination, and the liability of several parties, which is why experienced legal representation is crucial.

Following an accident involving tires, defend your claim by keeping evidence such as photos of the tire and the accident scene. Consider going to a doctor, even when you think your injuries are not critical. And, above all, do not get rid of the damaged tire, as it can become a crucial piece of evidence in your case.

At San Diego Personal Injury Law Firm, we know how to fight the defenses of tire manufacturers, distributors, and sellers. Contact us now by calling 619-478-4059 and get a free, no-obligation consultation. We will help you fight for the compensation you deserve while you focus on recovery.