Tire bursts are known to cause severe road accidents that result in fatalities. Usually, tires are low-maintenance features in your vehicle, meaning they can serve you for a significant time with minimal repairs. However, any default in quality or function can easily result in catastrophic incidents.
Subsequently, you or a loved one may become victims of a severe accident that changes your life for good. Upon dealing with the consequences of an accident from defective tires in Las Vegas, Nevada, you may incur a lot of costs as well as personal injuries. You, therefore, need to recover from all the harm done to help you return to your everyday life.
Among the different avenues to seek redress, working with a personal injury attorney is the best option. With the professional’s help, you can present a strong case against the defendant liable for the defective tires. Afterward, the judge may issue you rightful compensation, provided you adequately prove your case.
By working with Dallas Horton Associates, you will access some of the best personal injury attorneys. Their services include conducting due diligence, sourcing evidence, drafting your complaint, and making court attendances on your behalf. Upon applying their expertise in your matter, you have better chances of securing a favorable case outcome.
Understanding the Risk Associated With defective Tires
When using the highway, your vehicle will engage at various speeds depending on the traffic. Using increased speeds will inevitably put a strain on your tires. This is common primarily from the braking friction between the tarmac and the rubber material. Thus, your wheels should be sturdy enough to withstand the varying acceleration and braking rates without wearing out.
Usually, defective tires are more prone to cause unforeseen road circumstances from the risk factors posed. If you fall victim to the effects of substandard tires, you may face irreversible injuries and significant property damage.
On top of this, you risk colliding with other road users as collateral damage for the initial impact. Consequently, the multiple car crash attracts several plaintiffs seeking redress from the harm caused in the accident. These effects may transverse to complex cases, whereby you will be involved despite being a victim of the product defect.
Based on the multiple instances that may arise from defective tires, you want to consult a personal injury attorney to discuss the way forward. Thanks to the attorney’s guidance, you can determine which party to seek compensation from and prepare a strong claim.
Types of Accidents Resulting from Defective Tires
As mentioned, there are multiple alternate outcomes after involvement in a defective tire accident. Different motorists operate on varying highway routes and use different vehicle types. Therefore, it is important to learn of the possible accidents associated with defective tires. Common incidents include:
As the name suggests, roll-over accidents occur when a vehicle loses balance and rolls, especially on a slope. The accident is common when a tire bursts, leaving the remaining wheels unbalanced. If the car was moving at high speed, the velocity would make stopping very difficult, resulting in the rolling over.
Further, roll-over accidents may occur after the driver brakes sharply. The force applied to stop the vehicle will become too overwhelming, leading to a topple. However, heavier vehicles may avoid the rollover if the car’s center of gravity is well-grounded.
Typically, rollover accidents lead to severe injuries, as the victims may be thrown out of the structure. Alternatively, the vehicle may crash into obstacles like rocks and boulders. Thus, applying for rightful compensation is encouraged due to the severe harm posed.
Additionally, defective tires may burst or dislodge from the vehicle’s structure with dire effects. For example, the car may veer off its lane and collide with an oncoming vehicle. In this situation, you may manage to go unharmed if you had reduced the car speed. However, extreme cases may end in fatalities if the speed was extremely high.
Similarly, defective tires may cause a T-bone accident, also known as an intersection collision. These types of crashes are common at road junctions and intersections when motorists miss traffic cues. Thus, if the defective tire bursts or dislodges at the intersection, an oncoming vehicle from the opposite side can cause a T-bone accident.
Tire Blow-Out Explosions
Some tire defects involve sudden and extreme expansion of the air in the tire. Consequently, the tire is prone to an explosive burst, particularly on hot days. If you did not foresee the incident, a tire blow-out may shock you and cause you to veer off the road. Alternatively, you may come to a sudden halt, causing the vehicles behind you to crash into your car.
Apart from endangering other motorists, accidents from defective tires may also affect pedestrians. This is often the case where the tires are too worn out to stop the vehicle during braking. Thus, untimely braking may cost a pedestrian their safety because the vehicle will cause an impact. Subsequently, the victim suffers body injuries that vary in intensity.
Although most tire accidents involve cars, motorcycle users are also at risk of facing severe road injuries from defective products. The situation may be more difficult in motorcycle accidents than car incidents because the riders can engage in higher speeds. Further, they easily maneuver through traffic, so a defective tire can quickly put the rider in harm’s way.
Finally, rear-end accidents may also occur from tire defects. For example, a worn-out tire made of poor quality material will have less friction adherence to the road during braking. The collisions are prevalent during heavy traffic hours, as drivers are more likely to tailgate each other. Thus, victims in the accident may choose to have two respondents: the tailgating driver and the tire manufacturers who produced defective goods.
Injuries Victims Suffer After Defective Tires Result in Car Accidents
Naturally, suffering the impact of a road accident causes injuries to the victims involved. While some may be lucky and leave the accident scene with minor scratches and bruises, others have to deal with life-altering injuries.
Nonetheless, the law allows affected persons to present their claims in court, provided they are substantiated. Hence, learning the various injuries commonly suffered from a tire accident will give you confidence in seeking redress. The common personal injuries include:
Traumatic Brain Injuries
After hitting your head against the car structure, you may suffer a traumatic brain injury. It is characterized by a significant change in your mind's cognition. For example, you may temporarily lose your memory or have a hard time processing the ongoing events in your life. Similarly, you may feel dizzy and confused soon after suffering the injury.
Additionally, a traumatic brain injury can cause permanent damage if the impact was too strong. Subsequently, patients may be declared brain-dead, meaning that their brains cannot support essential life functions like breathing. During this period, your body remains in a vegetative state and relies on a life-support machine to stay alive. Often, the condition lasts for the rest of their lives, despite reported cases of patients making full recoveries.
Additionally, spinal injuries are a common outcome after a vehicle accident. Your spinal injuries may arise from the sudden force propelling you to apply pressure on the backbone as a victim. Further, the spinal disks supporting your backbone may dislocate and cause substantial pain when moving.
Most spinal injuries start a life-long back condition because of how delicate the structure is. The spine holds hundreds of nerves and neurons connecting at the brain stem. Among them are the vital nerves that play pivotal roles in perceiving your environment through the senses. The nerves also help with body mobility, including small movements like twitching.
Thus, suffering from a spinal injury may decrease your ability to remain independent. You may feel these effects more if you become paralyzed or lose your full sensory function. Consequently, you will have to rely on additional support from a caregiver, resulting in additional expenses as well.
A hemorrhage is a condition involving extreme blood loss. It would be prevalent after a road accident, especially if the victim’s body were exposed to sharp objects. Among the many risks, fatalities are the most serious after suffering from blood loss.
Thus, immediate medical attention and blood transfusion are crucial steps to take after the accident to avoid losing the patient. Nonetheless, adverse cases may leave the medical professionals few options, resulting in the victim's death.
If the defective tire accident caught you off guard, you are likely to use your arms and legs to reduce the magnitude of impact felt. For example, victims thrown out of their vehicles in a roll-over accident may land on their arms to break their fall, causing bone fractures.
Similarly, your jaws and skull may suffer from fractures if the collision exposed your head to impact. The outcome is more prevalent among motorcycle users and pedestrians because their bodies are more exposed to the force.
Although most fractures heal with time, some require invasive surgical procedures to replace severely destroyed bone tissue. Moreover, jaw and skull fractures may require reconstructive surgery to hold the fragments in place. Due to the possible medical complications, you want to seek immediate medical assistance.
Victims may also sustain burn injuries if the vehicles at the accident scene ignited and exploded. For example, if a defective tire caused a head-on collision, the gas tank may cause highly flammable leaks. An unsuspecting victim trapped in the car can face a tragic fire accident on top of the vehicle’s impact.
Possible Liable Parties for the Defective Tires
As a victim of a car accident caused by defective tires, you will need to determine the liable party in your suit. Establishing this element will be essential in case of preparation, as you can highlight what they did wrong, resulting in the accident.
Further, narrowing down on the liable party makes it easier to find evidence to support your claims. This is a better strategy than including as many defendants as possible in your case, as the efforts do not guarantee that the court will consider your claims. Thus, your personal injury attorney will advise you on the best approach in determining the liable party. Common defendants in tire accident suits include:
The Tire Manufacturing Company
Commonly, tire defects occur because of poor manufacturing processes. These substandard processes involve using poor-quality rubber to bind and create the tires. Additionally, the assembly and production of treads on the tire may go unsupervised, creating room for error. Due to this, road users will be at risk of severe accidents from the poor-quality wheels.
By listing the manufacturing company as a liable party, you will have them answerable for the poor manufacturing and processing services. Afterward, you may have the chance to receive rightful compensation if the judge accepts your arguments.
The Retail Store that Sold You the Tires
Some retail store owners are also known to sell counterfeit tire products to cut costs. While they accrue large profits from the illegal sales, they put their clients at risk of tire accidents. As a result, they should be answerable for the negligent conduct by appearing as defendants in your suit.
Vehicle Maintenance Companies
Vehicle maintenance companies outsource professional mechanics to check car conditions. Thus, they play a significant role in assuring their clients that all vehicle parts are suitable for road use. The inspection should also include tire assessments to determine whether any underlying risks are noticeable.
If the company or one of its mechanics fails to conduct the inspection, you may hold them liable for exposing you to the risk. They will have to prepare a defense to your claims or concede and offer compensation for the harm caused.
The Driver/Company Registered as Owners of the Vehicle
As a car owner, you need to maintain it and prevent any detectable defects. Thus, a vehicle owner can be a liable party in a compensatory matter if they neglected their duty to conduct maintenance. Among the various inspections to complete is checking the tire pressure and whether the wheels are worn out. Therefore, non-compliance with maintaining the set standard for roadworthiness imposes legal liability on the vehicle owner.
Establishing Fault for Accidents Caused by Defective Tires
Personal injury cases vary depending on who suffered harm from the defective tires. On the one hand, you may be involved in a collision caused by another road user's defective tires. In this case, seeking redress is more straightforward because you can choose to sue the tire manufacturer and the driver jointly.
On the other hand, you may be the driver who primarily caused the accident and now seeks compensation from the tire manufacturers or retailers. Subsequently, you may also be answerable to other victims caught in the collision, especially if you lost control.
The best approach when preparing for trial is to establish an elaborate process to determine fault in either scenario. You can do this by basing your arguments on the law of Tort. It provides for civil wrongs like negligence and product liability, often associated with personal injury cases. Additionally, you can consult your lawyer to explore other suitable approaches.
Factors Associated with Negligence
As mentioned, most accidents resulting in personal injuries occur from negligence. Hence, you want to understand the essential elements that you must prove when presenting your claims on the tort. Once in court, the judge will require sufficient evidence to prove the defendant's default. Further, the proof should link the defendant’s default to the claimant’s losses and injuries. The four elements of negligence to prove are:
- The defendant had a duty of care to prevent/avoid safety risks from defective tire use.
- They breached the duty of care by foregoing essential maintenance or manufacturing procedures.
- The breach caused your injuries.
- You suffered damages from the harm caused.
Possible Claims to Raise after Involvement in a Defective Tire Accident
When preparing your statement of claim, you want to include the specific expenses and requirements to be considered if you will receive compensation. The clarification is essential to the judge as it helps them determine whether the claims are substantiated.
Therefore, your personal injury lawyer will advise you to raise all the expenses incurred after the defective tire accident. In doing so, you will have an easier time creating a fee note to deliver to the defendants. Moreover, taking time to compile the expenses helps you include all costs to avoid making amendments later. The various claims to raise in a personal injury suit include:
- Compensation for Medical Expenses
- Loss of wages.
- Lost earning potential.
- Expenses to cater to additional home care for patients living with irreversible body injuries
- Funeral expenses for Wrongful Death.
- Compensation for Pain and Suffering.
The Statutory Time Limit for Seeking Compensation in Nevada
Although victims who suffered from a defective product have a right of claim against the liable party, the law sets a time limitation. This is to discourage unsubstantiated claims that may arise years after the incident occurred.
Further, presenting a case after a long period has lapsed may be disadvantageous for you and the other parties involved. This is because the availability of evidence is compromised after long durations pass. For example, retrieving the exhibit of the defective tire is difficult because it will be worn out or missing during the hearings. Due to these uncertainties, the law protects courts from spending time on these difficult cases by capping the case-filing time.
The statutory duration allows different timelines for various claims. You should note that personal injury cases are the most filed matters after a defective tire accident. Thus, a personal injury claim must be filed within two years from the victim sustaining the injuries. Additionally, claimants seeking to file a product liability suit must do so within three years from the time of injury or harm.
For clarity, the judge handling your case assesses the time-lapse by counting the first day when you discovered an injury or a product defect. Although most victims are aware of their sustained injuries, some may be more subtle. Thus, these cases will be assessed based on the first day the victim is diagnosed their injury or discovered it themselves.
How Your Lawyer Helps in Raising Claims after a Defective Tire Accident
Doubtless, your personal injury lawyer’s input in your case is necessary for a better chance of receiving rightful compensation. Nonetheless, you want to ensure that you are working with a diligent and responsible team to avoid missing court deadlines, among other inconveniences. Thus, having an idea of what to expect from your personal injury attorney is important.
By using this information, you can gauge the quality of received services to help you understand your case progress. Despite this, not all the responsibilities discussed below may apply to your case. Therefore, your lawyer’s responsibilities vary to cater to each client’s needs for the best case preparation. Some helpful duties by your lawyer include:
- Gathering evidence to support your case.
- Drafting and compiling your plaint.
- Making court attendances.
- Keeping in touch with the defendants Throughout the trial.
- Negotiating with insurance adjusters.
- Sourcing professionals to be witnesses in your case.
Contact a Personal Injury Attorney Near Me
Dealing with the outcomes of a defective tire accident can be difficult, particularly if you sustained significant injuries. This is because the outcome may be detrimental to your health and economic conditions. Patients often also take a long time to fully recover after the accident, limiting their independence and mobility.
You may encounter several challenges when looking to solve your case without a personal injury lawyer’s help. For example, you will need to comply with civil guidelines and incur court filing costs. Additionally, working on your matter alone may prove futile if you do not file the case within the statutory time limit.
You can avoid facing hardships and delays by working with an experienced personal injury attorney. Thanks to their input, you will learn the different requirements before moving your matter to court. Moreover, you will understand the civil litigation process and the possible litigation duration to help you manage your expectations.
With Dallas Horton & Associates, you can expect legal services from a brilliant team of attorneys. Their assistance will increase the chances of success in the presented case, giving you a chance to recover from all losses. Further, your assigned lawyer is happy to provide further guidance as the case continues, including answering questions and addressing your concerns. For more information, contact us today at 702-380-3100.