Tires are a critical component of an automobile. It can be disastrous when a blow-out occurs, or tire tread separates on the road. Motor vehicle occupants and pedestrians who are injured when defective tires fail may be eligible to bring a products liability lawsuit against the tire manufacturer, car dealer, retailer, or driver. If you have been injured in such an accident, a designated Las Vegas car accident attorney at J. Cogburn Law Offices can provide the high-quality legal representation you need.
How Tire Failure Causes Accidents
Failure of a defective tire can lead to an accident when tire failure causes loss of control of the vehicle. An out-of-control, moving motor vehicle may hit another automobile head-on, go off the roadway, roll over, or cross into multiple lanes of traffic. Injuries in tire defect accidents are often suffered by occupants of the car with the faulty tire, occupants of other vehicles, and even pedestrians.
Claims Against Tire Manufacturers
Tire defects are a common cause of motor vehicle accidents. As tires are the only connection to the ground for a vehicle and its occupants, tire manufacturers have a duty to ensure that their products are safe and durable. Tire recalls are far less common than vehicle defects, but they may come too late to prevent an accident. The manufacturer may be potentially liable if you have been injured in an accident caused by a defective tire.
Tread Separation in Defective Tires
In making a tire, the base is constructed first, then steel belts are embedded in the tire, and finally, the tread is applied. Steel-belted radials are prone to tread separation. Even if the tire does not lose pressure, when the tread separates it can cause the driver to lose control of the vehicle. Tread separation typically results from a flaw in the manufacturing process.
Blowouts occur in defective tires, and tire pressure may be a factor. Some vehicles come equipped with warning lights to notify the driver when tire pressure drops below a safe level. If the warning device fails and a blowout occurs, the automobile manufacturer may have some liability for resulting injuries.
Proving a Defective Tire Claim in Las Vegas
To prevail in a defective tire product liability claim in Nevada, you must meet the “consumer-expectation test.” This means you need to show that the tire failed to perform in a manner that could reasonably be expected, given its nature and intended function. You also need to show that the defective tire is more dangerous than would be contemplated by the ordinary user having ordinary knowledge available in the community.
Common evidence in defective tire cases may include:
- Eyewitness testimony
- Photos or videos of the accident and damage
- Expert testimony of accident-reconstruction experts or bio-mechanical engineers
Investigating a Defective Tire Accident Case
At J. Cogburn Law Offices, our Las Vegas personal injury attorneys conduct a thorough investigation of the circumstances surrounding your accident to determine what caused the accident and who is liable for your injuries. We will seek answers to a multitude of questions, including:
- Where was the tire made?
- What was the date of manufacture?
- When and where was the tire mounted?
- What is the history of the tire?
- Had the tire been recalled?
- Did the tire have any defects?
- Does the tire model have a history of failure?
- Was the tire damaged in the crash?
- Did the tire cause the crash?
Once we have the correct answers, we can build a strong case to recover compensation for the injuries you suffered in the accident.
Contact J. Cogburn Law Offices Today
If you or a loved one was seriously injured due to a faulty or defective tire, contact an experienced Las Vegas tire defects attorney at J. Cogburn Law Offices for a free case consultation.