A defective tire can fail at any time. When it fails as a vehicle is traveling at high speeds, it can cause a catastrophic or fatal accident. If you or a loved one suffered injuries in a vehicle accident you believed resulted from a defective tire, you may be entitled to compensation. A defective tire, lawsuit, and recall lawyer in Melbourne, FL can help.
Defective Tires May Cause Serious Accidents
While tires often fail due to their age or a lack of maintenance, it can also result from a defect. This may occur during the design or manufacturing process. During the manufacturing process, a crack in the tire’s sidewall could develop, pieces of tread could come off the tire, or the tread may not adhere to the tire casing properly.
The result of these defects could be a tire tread separation. This occurs when the tread separates from the casing of the tire. When this occurs, a driver can lose control of the tire and cause a serious accident.
Bringing a Product Liability Suit Against a Tire Manufacturer
If you were involved a tire-related accident, you may be able to recover compensation from the manufacturer through a product liability suit.
A product liability suit is unique from a personal injury suit in that you do not have to prove negligence on the part of the manufacturer to win your case.
Proving a Product Liability Case Against a Tire Manufacturer
The fact that a tire tread separation or other tire failure occurred is not enough to prove your product liability case against the manufacturer. You must prove the defect in the tire caused the accident. Proving a defect existed and that it caused the accident may be difficult; a product liability attorney can help.
The attorneys at the Law Offices of Anidjar & Levine know what it takes to win product liability suits against tire manufacturers.
Investigating Your Product Liability Case
Our team will investigate your accident, working with tire experts to determine exactly how a tire failure could have caused your accident. We will also interview witnesses and investigate the scene to determine whether there are any clues that might help us build your case. We will also look into whether there are any recent complaints or active recalls that affect your tire.
Defenses in a Product Liability Case Based on Defective Tires
The tire manufacturer may claim something other than a defect in the tire caused the accident. For example, the tire manufacturer may say you knew your tire was underinflated and continued to drive your car anyway. Or, the tire manufacturer may claim that you or a repair service shop did not fix a flat tire properly.
Under its pure comparative fault rule, Florida law reduces your recovery by your percentage of fault. For example, if you are 25 percent at fault, you will be entitled to recover 75 percent of your damages.
In Florida, you must file a product liability suit within four years of your accident. The state’s “statute of repose” dictates that you may be able to file after that timeframe if the statute of limitations tolled (i.e., paused) but you must file the suit within 12 years of the delivery of the product to its first customer. This is the absolute deadline.
You have two years to bring a wrongful death action. If you do not file within this timeframe, the manufacturer may use this as a defense against paying you what you deserve.
Damages You May Recover in a Product Liability Suit
You may recover two types of compensatory damages for your injuries: economic and noneconomic.
Economic damages include your past and future medical expenses, your lost wages, and your lost earning capacity—or how much you could have earned if you had not been injured. You may also receive compensation for the damage to your vehicle.
Noneconomic damages include your mental anguish and pain and suffering. You may also recover for the loss of the companionship of a spouse or a family member.
Determining Whether Your Tire Is Under Recall
While it will not win your case for you, learning that your tire was under recall can help us prove it contained a defect. To determine whether your tire was under recall, you can visit either of the following pages:
- U.S. Tire Manufacturers Association Tire Recall Lookup: You can either search for recalls using your tire’s identification number, located on the sidewall, or search by date.
- SaferCar.gov Tire Recall Page: You can search for recalls using the brand name and tire size.
Anidjar & Levine Can Help You Recover Compensation for Your Defective Tire Accident
If you have been injured in an accident you believe was caused by a defective tire, you may be entitled to compensation for those injuries. Unfortunately, fighting a manufacturer for the compensation you deserve can be quite difficult.
However, you do not need to handle this process alone. The product liability lawyers in Melbourne at the Law Offices of Anidjar & Levine are in your corner. We are not afraid to stand against even the largest manufacturer to get you and your family the compensation you need to make ends meet. Call us today for a free consultation with a member of our team: 1-800-747-3733.