If you have been injured in a tire blowout accident, you could be eligible for compensation under California personal injury laws. However, you must identify the liable party and demonstrate their negligence in a civil court for the judge to award your damages. It helps to work alongside an experienced personal injury attorney. Your attorney will assist in gathering sufficient evidence that could help identify the at-fault party and strengthen your case in court. Your attorney will also ensure that you are receiving the compensation you deserve for all your damages. Here is a guide on the possible liable parties in a tire blowout accident.

Who Could Be Liable in a Tire Blowout Injury Accident?

When a car accident occurs, it is important to determine the actual cause of the accident and then determine whether it was an unavoidable accident or a case of negligence. California personal injury and product liability laws are there to ensure that those who negligently cause accidents in which other people incur damages are held responsible for the resulting damages.

A tire blowout accident is an example of a vehicle accident that could cause many people to incur losses. Therefore, it is important to know how the accident occurred, determine its actual cause, and then verify whether it was a negligence case. If you have a valid reason to believe that another party was responsible for your damages, you have legal rights to file a lawsuit in a civil court for compensation. Here are some of the parties that could be held responsible for a California tire blowout accident:

The Tire Manufacturer

Some tires are faulty from the manufacturing point, and this fault could cause a tire blowout while the vehicle is speeding down a highway. If, after an investigation, it is determined that the vehicle had a manufacturing or design fault, you can file a lawsuit against the tire manufacturer seeking compensation for your damages.

California has apparent product liability laws that require product manufacturers to take responsibility for any damages that consumers incur while using their products. These laws appear in three main categories: manufacturing defect, defective design, and lack of proper instructions and warnings.

A tire manufacturer can be held responsible for a tire blowout accident for several reasons. First, it could be because of a manufacturing defect that was ignored right from the manufacturing point. It could also be because of a defective design or lack of adequate instructions, especially when a particular tire model is unsuitable for certain vehicles or vehicle models. A good investigation into the accident could reveal the exact fault to determine whether the manufacturer was negligent in causing the accident.

To prove negligence, a California civil court will require you (plaintiff) to prove the following elements against the allegedly responsible party (Tire manufacturer):

  • The manufacturer owed you a duty of care — The law requires manufacturers only to release safe and usable products into the market.
  • That the manufacturer breached that duty of care — By releasing a faulty product to the market
  • That when the manufacturer breached his/her duty of care, you suffered economic and non-economic damages — As a result of the accident

When producing tires, manufacturers must consider different road surfaces, speed, temperatures, and handling of the tires before utilization. Federal law has set manufacturing standards that must be met at all times. Failing to design tires that meet the required criteria could cause tire defects that could lead to a tire blowout accident.

Poor-quality vehicle tires could also cause accidents. Manufacturers must use quality products to ensure that only quality productions are reaching the market. Workers handling tire manufacturing must also perform in friendly environments to avoid errors in production that could lead to manufacturing defects.

If, after investigations, the tire manufacturer was at fault in causing the tire blowout accident, you have a right to seek compensation through a civil suit. If successful, the court will require the tire manufacturer to pay compensation for all the economic damages you incurred in the accident, including the medical costs, lost earnings, lost earning capacity, vehicle damage, and other monetary losses that will be included in your claim. You will also recover non-monetary losses like pain and suffering that were a direct result of the accident.

You could recover more compensation in punitive damages if the court determines that the tire manufacturer was grossly negligent. Engage the help of a competent personal injury attorney to ensure that you are not missing out on any loss you might have incurred in the accident.

Tire Repair Shop

Tire blowout accidents can also result from well-designed and manufactured tires. If the preliminary investigations into the accident concluded that the tire wasn’t faulty from the manufacturing point, the next step is in determining whether or not its installation was properly done. Like all vehicle parts, tires must be well installed to work well and for the vehicle’s safety.

When installing tires, mechanics must ensure that they have chosen the right tire for that particular vehicle model. Tires must also be of the right size and specially designed for the specific vehicle. Additionally, mechanics should ensure that tires are properly installed. Installation of tires requires a certain level of skills and experience. An improperly fixed tire can explode and cause a fatal accident, in which many other accidents could be involved.

If these requirements are not adhered to, your mechanic or the tire repair shop where the installation occurred can be held responsible for the resulting damages. However, you must prove negligence for the court to award all your damages.

Like manufacturers, service providers owe consumers a duty of care to provide safe and effective services that will not harm the end consumer. A mechanic or tire repair shop could have breached this duty of care by not observing safety precautions while installing the tire. For instance, it could be that the mechanic overlooked the type or model of your vehicle while choosing the right tire for it. Sometimes car repair shops leave certain tasks like tire installations to mechanics who have no proper training or experience.

If it is established that a mechanic or tire repair shop was responsible for the tire blowout accident, it will be held accountable for the resulting damages.

An experienced personal injury attorney will know the right approach to take in determining fault. He/she could use the help of accident experts to ensure that you have strong evidence that will support your claims in court.

Note that judges in civil courts rely on evidence from both the plaintiff and defendant to conclude lawsuits. Thus, the testimony of an accident exert is irrefutable and could help your case.

If found responsible for the accident, the mechanic or car repair shop will be required to pay compensation for all monetary and non-monetary losses you might have incurred in the accident.

Vehicle Owner

The vehicle owner whose tire blew out could also be held responsible for a tire blowout accident and the resulting damages. It is worth mentioning that even a good quality tire that has been properly installed can blow out, resulting in a fatal accident. Vehicle owners have important roles to play in ensuring that their vehicles are safe at all times.

For example, speeding on uneven ground can quickly damage your tires and cause a severe tire blowout accident. As a vehicle owner, you must always drive carefully, especially on damaged roads, to avoid wear and tear of your tires, which could later result in an accident.

However, some drivers are not always careful enough, and their careless actions have caused serious damages and the lives of other road users. That is why drivers like those are held responsible if they established that they caused an accident through negligence.

Like everyone else using the road, vehicle owners have a duty of care to ensure that their vehicles are safe at all times. When a vehicle owner breaches this duty of care, and an accident happens, the law allows the injured parties to file a lawsuit in court for compensation for their losses.

Drivers can portray negligence in many ways. It could be through speeding on uneven roads, as previously mentioned. Accident experts will be on the ground to determine the actual cause of the accident. If it is established that the vehicle owner/driver was speeding, and the speeding caused a serious tear on one of the tires, which caused the tire to blow out, the driver will be held responsible for the resulting damages.

Vehicle owners’ duty of care does not end with careful driving. Proper maintenance of their vehicles will keep them safe on the roads and promote the safety of other road users. For instance, drivers must inspect their vehicle tires at all times to ensure that they are in good condition and have sufficient pressure. Failing to maintain good tires and using the vehicle every day is the proof of negligence that the plaintiff needs to demonstrate in court while seeking compensation for his/her losses. A damaged tire must be replaced soon enough to avoid unforeseeable danger.

An experienced attorney will know the kind of evidence to gather against the vehicle owner to prove in court that the driver/vehicle owner was negligent and his/her negligence caused your damages. Your attorney will also help you determine the injuries you have incurred after the accident. Remember that all this must be done within two years, after which you might lose your right to seek compensation for your damages.

That is why it is advisable to work with a personal injury attorney who has handled similar cases in the past. An experienced attorney will know the right approach to take, the right legal process to pursue, and how to fight for your rights in a civil court aggressively.

The Trucking Company

Tire blowout accidents caused by commercial trucks are devastating because they leave a trail of destruction and greater losses. Commercial trucks are usually larger and heavier. Therefore, when one or more tires blow out, and the driver loses control of the vehicle, it could cause a more devastating accident, resulting in more damages and loss of lives. However, the cause of the tire blowout accident must be determined for the affected parties to seek compensation from the right party.

There are several causes of commercial vehicle tire blowout accidents, the main one being a failure by the trucking company to repair and maintain functional tires for their vehicles properly. Commercial vehicle tires must be inspected regularly to ensure that they have not developed minor faults that could cause them to rupture or burst when the truck is being driven at high speed. When this does not happen, and the inevitable happens, the driver could lose control of the large vehicle and crash on other vehicles on the road. If the truck was heavily loaded, sometimes its cargo loses balance and becomes strewn all over the road, causing even more damages.

Trucking companies owe a duty of care to all road users in ensuring that their vehicles are safely driven at all times. Thus, they must conduct a systematic inspection and maintenance of their trucks, including the tires.

Trucking companies must also not allow a truck to be driven if it is in a condition that is likely to result in a breakdown or accident.

Companies must let drivers take a pre-trip inspection of their trucks before embarking on a long journey. After the inspection, drivers must provide a detailed report indicating the truck’s condition and whether or not the truck requires any repairs before the next trip. If the truck’s tires are defective or worn out, the truck must not be allowed on the road, even for a few hours.

Most often than not, trucking companies fail in this duty of care. Some companies want to cut costs and maximize profits above anything else. Therefore, they fail to prioritize the safety of their vehicles. If it is established that the trucking company was negligent in causing a tire blowout accident, it will be held responsible for the resulting damages.

The advantage of working with an experienced personal injury attorney is that your attorney will conduct an in-depth investigation into the failures of the trucking company to ensure that you have a solid case against the company. Your attorney will also involve an expert’s help, who could even testify in court to strengthen your case further. If successful, the negligent trucking company will be held responsible for all your damages, including your medical costs, lost earnings, suffering, and pain, and other financial expenses you might incur in the future due to the accident.

Government Agencies

Sometimes government agencies are to blame for tire blowout accidents, particularly those responsible for maintaining safe roads. Poorly maintained roads are hazardous to drivers. Some tire blowouts occur after hitting large debris on the road, potholes, nails, or glass, or when a driver accidentally hits a curb. In this case, you might have to file a lawsuit against the responsible government agency for compensation.

You need proper legal help to ensure that you have sufficient evidence to demonstrate in court that negligent road maintenance was the cause of the accident that caused your damages.

Your attorney will also ensure that you are following the right procedure in seeking compensation. For instance, personal injury cases against California government agencies must be filed within a strict time limit. The process must begin by the plaintiff filing a notice of claim within six months after the date of the accident. Because government agencies in the state are usually entitled to immunity to lawsuits and liabilities, they cannot be sued in court without permission.

Different types of evidence could strengthen your case against the responsible government agency. For instance, you might need to take pictures of the damaged tire and the accident scene. Clear pictures of the roadway, including the uneven surfaces or potholes, could be valuable evidence and might improve your chances of obtaining the compensation you deserve.

Your medical and financial records will also show the nature and extent of the damages you incurred after the accident.

A competent personal injury attorney will know how to act fast within the given period to ensure that your case is filed on time. He/she will also ensure that you have the required documents and the right paperwork is filed in time for the lawsuit.

Find a Personal Injury Attorney Law Firm Near Me

If you have been injured in a tire blowout accident in California, it is important to know the possible at-fault parties that you might pursue while seeking compensation for your damages. An experienced personal injury attorney will help you determine the responsible party and help you file a winning case against the said party in a civil court. At The Personal Injury Attorney Law Firm, we have a reliable track record of handling all kinds of personal injury cases. Call us at 619-625-8707 and let us help you obtain a favorable outcome for your case.