Car accident victims in Arkansas have a right to hold the responsible party financially liable for their medical costs, lost income, and pain and suffering. When determining what party or parties should be held accountable, our experienced Fayetteville car accident lawyers will examine every possibility. While another driver might be the obvious defendant, the list of potentially liable parties does not end there. In some cases, a defect in a vehicle could have caused or contributed to an accident. For example, a tire blowout could result in a devastating accident and severe injuries.
If an accident because there is a defect in a tire, several parties could be held liable, including the vehicle owner, the tire manufacturer, a mechanic, or the store that sold the tire. When prosecuting a personal injury claim, you want to ensure that all possible liable parties are thoroughly investigated.
If you are injured in a crash that was caused by a faulty tire, you deserve to be compensated for your damages. Our Arkansas personal injury attorneys have the expertise and resources to fight for your rights. Contact our law offices to arrange a free consultation. Call (479) 316-0438 today.
Why Defective Tires Cause Arkansas Car Accidents
There are a number of types of tire defects that can result in an accident while driving. The most dangerous tire malfunction is probably a blowout. A blowout occurs when a tire bursts, quickly deflating. Below, we discuss some common tire defects.
A dangerous condition occurs when a tire’s tread detaches from the tire’s body or casing. Typically, tread separation results from a manufacturing defect where the belting was not properly bonded to the tire’s casing. Tread separation often results in balance problems, making controlling the vehicle difficult.
In some cases, there is a defect in the tire’s design or the materials used to produce the product. If a tire company uses low-grade materials to save money, the tire could be subject to damage and failure.
Over or Underinflated Tires
Improper inflation could result in tire failure. Underinflated tires are prone to overheat, causing the tire’s structure to degrade. When a tire degrades, it is likely to rupture or the treads could separate. Overinflated tires are more likely to a blowout. While the vehicle owner is generally tasked with maintaining proper tire pressure, over and underinflated tires could be installed on a vehicle without the driver’s knowledge.
Tires have an expiration date. If you purchase a used tire to save money, or if a tire was listed as “new” but was sitting on a shop’s shelf for months, the tire’s rubber could have degraded to the point of being dangerous.
Who is Liable for a Defective Tire in Arkansas?
One of the first questions a car accident victim will usually have is, “who could be held financially responsible?” When your car is rear-ended, the liable party is typically obvious. However, when a defective tire causes an accident, several parties could be held accountable.
The Tire Manufacturer
Our Arkansas car accident attorneys will investigate whether the tire manufacturer could be held accountable under a product liability claim. If the manufacturer used low-quality materials, failed to issue a prompt recall after learning of a defect, or provided insufficient safety information, it could be held liable.
If a seller was aware that a tire was defective, it could be held liable for any injuries. In some cases, a tire seller will misrepresent the tire’s age or sell a worn tire that is unsafe. Even if a tire manufacturer distributed a defective product, a seller could be held partially at fault if it knew or suspected that the tire was defective.
Many drivers do not have the skill or knowledge of their mechanic. Therefore, a car owner will rely on the expertise of their mechanic. Some tire problems are not obvious to an untrained eye but should be apparent to a trained mechanic. If you are in an accident after having your car inspected by or worked on by a mechanic, they could be held liable if they failed to recommend that you replace your tires or mention the problem. A mechanic could also be held liable if they installed the wrong tires on your car or inflated them improperly.
Motorists in Arkansas owe other drivers, passengers, and pedestrians a duty to exercise reasonable caution when operating their vehicles. This duty includes ensuring that their cars are in safe working condition. When an owner ignores a recommendation to replace a tire or fails to perform reasonable maintenance on their car, they could be held liable for a tire defect.
Municipality Responsible for Road Maintenance
Tire failures are not always caused by a defect or neglect on the part of the driver. Poor road conditions could cause a brand new and properly inflated tire to blow out. If your accident happened because you hit unseen debris or pothole, you could have a claim against the municipality responsible for road maintenance.
Our Arkansas Personal Injury Attorneys Investigate All Possible Liable Parties
Tires are of vital importance to a driver’s safety. If a tire is defective, it could cause or contribute to a catastrophic accident. Our Fayetteville car accident lawyers could file a personal injury lawsuit against another driver and a product liability claim if a defective part contributed to the crash. You want to ensure that all possible parties are held financially responsible if you are hurt in a car crash. To discuss your case and who should be held liable, call (479) 316-0438.