If you are hurt in an accident caused by a tire blowing out you may have the right to seek compensation Understanding who may be liable and how liability is proven is key Hillstone Law is here to help you navigate these complex cases
What happens in a tire blowout injury case
A tire blowout injury case involves an accident caused by a tire suddenly failing while the vehicle is in motion This failure may lead to loss of control collision with another vehicle or barrier or other serious harm Determining why the tire failed is critical You may recover damages if a defect in the tire or negligence by a party contributed to the accident
How tires fail
Tire failures can happen for many reasons including defects in design or manufacturing weak spots in the material tread or sidewall separation or poor repairs or retreading Faulty bonding between rubber and internal reinforcement or steel belts may cause internal parts to separate Rapid loss of air pressure or a weakened structure may lead to a blowout especially at speed or under heavy load Improper maintenance overload or poor repair practices may also play a role
Who might be liable
Several different parties may share responsibility depending on the facts The manufacturer or designer of the tire if there is a defect in design or in materials The seller or distributor if a defective tire was sold The repair shop or mechanic if the tire was improperly repaired or retreaded The vehicle owner if they used tires negligently such as overloading, neglecting needed maintenance or using worn or damaged tires
What you must prove
You must show that you were injured due to the blowout that the tire was defective or the relevant party was negligent at the time of tire purchase repair or maintenance that you used the tire in a reasonably appropriate way before the accident and the defect or negligence caused your injuries Evidence may include expert testimony, inspection of the failed tire, maintenance records, specifications from the manufacturer or seller, and accident scene information
Possible defenses
The tire manufacturer or seller may argue that you misused the tire, over-inflated or under-inflated it, let it become worn out, overloaded the vehicle, drove it at unsafe speed, or otherwise failed to maintain proper care They may deny any defect or claim someone else modified or altered the tire after sale They may claim your own negligence contributed and ask for your recovery to be reduced under comparative fault rules
Comparative fault rules in California
California law allows more than one party to share fault If you are partially responsible your damages will be reduced by your percentage of fault even if you were not the only one to blame Under California’s pure comparative fault system you can still recover damages even if you share fault
What damages you might recover
You may recover economic damages such as medical bills, vehicle repair or replacement, income lost due to inability to work, and future medical or repair costs Non-economic damages may include pain and suffering, emotional distress, loss of enjoyment of life, disfigurement or permanent impairment In wrongful death cases family members may seek funeral and burial expenses loss of financial support and loss of companionship
Why you need an attorney
A competent attorney can help you determine which parties may be liable, gather the technical and engineering evidence needed, obtain expert opinions, handle negotiations with insurers or defendants, prepare your case for court if needed and ensure you seek the maximum compensation
Take action now
If you or someone you care about has been injured after a tire blowout do not wait Contact Hillstone Law for a free case evaluation We will review your specific situation show your legal options and help you pursue fair compensation for your injuries and losses
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Disclaimer: The material provided in these blogs is for general informational purposes only and should not be considered legal advice. Reading these posts does not create, and is not intended to create, an attorney-client relationship with Hillstone Law. Our intent is to share knowledge, raise awareness, and provide helpful resources to the public; however, Hillstone Law makes no warranties or guarantees about the accuracy, completeness, or reliability of the information provided, and expressly disclaims liability for any actions taken in reliance on it. The photos used in these posts are for illustrative purposes only and do not depict actual clients, individuals, or incidents unless expressly stated. If you or a loved one has been injured in an accident, please contact Hillstone Law at (855) 691-1691. Our attorneys are available to answer your legal questions and help you understand your rights.