Tread separation is a particularly common cause of a collision. The tread is the grooved section of the tire that makes contact with the road. When low-quality materials are used in the adhesion that connects the tread to the tire’s steel belt, the tread can come loose. If the de-treading occurs on the road, the driver may lose control and cause a crash. If the tread separates from the tire at high speeds, the car may rollover, resulting in catastrophic injuries to the vehicle owner.
A tire blowout is a well-known cause of car accidents. In these cases, it appears that the tire explodes or pops. However, a tire blowout can be caused by a variety of factors, including:
Victims injured in a car accident caused by a faulty tire can file a personal injury or products liability claim. If the accident killed the victim, the victim’s loved ones can file a wrongful death claim on his or her behalf. Many victims seek compensation under California’s personal injury laws. These claims require proof that someone else’s negligence caused the tire problem and subsequent car accident. In order to establish negligence in California, victims must demonstrate:
If the tire was defective, the person or party who designed, manufactured, or sold it could be held liable under California’s product liability laws. They may face strict liability for:
In these cases, the victim or plaintiff is not required to demonstrate that the party responsible for the defect acted negligently. It is sufficient that the defendant was responsible for the defect.
Design flaws are issues with the tire’s design. A design flaw occurs when the material that holds the tread to the tire is designed to be too weak. While design flaws are uncommon, they can affect an entire tire line. This could apply to hundreds of thousands of tires on the road.
In California, there are two tests that can be used to determine whether a design is defective:
Meanwhile, the risk-benefit test involves a shifting burden of proof. To begin, plaintiffs must demonstrate:
The defendant must then demonstrate that the benefits of the tire’s design outweighed the risks. Among the factors are:
Manufacturing flaws are issues that arise during the tire’s production. They can be widespread, such as a plant’s decision to use inferior rubber during the manufacturing process, or specific to a tire, such as if a worker punctures an air tube while assembling it. In California, proving a manufacturing defect necessitates evidence of:
Motorists pursuing a strict liability case against a tire manufacturer should seriously consider forming an attorney-client relationship with a legal team of trial lawyers from a reputable law firm with a track record of obtaining favorable verdicts in accident claims. People who have suffered serious injuries in vehicle accidents as a result of a defective product can recover the compensation they require with the help of a personal injury lawyer.
Problems with how the tire is marketed are examples of warning defects. As an example, suppose a tire company claims that their brand of tire never needs to be rotated, and the lack of rotation causes uneven wear, resulting in an accident.
In order to establish that the tire had a warning defect in California, plaintiffs must show:
If you have experienced a defective product, give our office a call so we can discuss further on your case. Feel free to reach us at 310.943.1171.
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