Tire Defects & Blowout Accidents
If Your Accident was Caused by a Defective or Faulty Vehicle Tire, You May Have a Case Against the Tire Manufacturer
If you've been injured in an accident as a result of a tire blowout, don't assume that recovering compensation for the property damage and injuries you've suffered will be the same as seeking restitution for a typical car accident case. While there are many Dallas car accident attorneys who can help you with a conventional car accident injury case, there are very few attorneys who have the skills and resources necessary to take on a major auto parts manufacturer. The attorneys at Grossman Law Offices not only have the resources and skills to help you with your tire blow out case, we also have the experience. Our attorneys have been hired to represent numerous north Texas families when their loved ones have sustained serious injuries or have been killed due to defective tires.
In this article we will explain how tire accident cases work from start to finish.
Legally speaking, there are several differences between tire blowout accidents and other types of standard auto wrecks. The only way you can be sure all responsible parties are brought to justice, and that you get the maximum compensation you deserve is to find a Dallas-area tire defect attorney who you can trust.
Blowouts increase the likelihood of a rollover accident. Rollover accidents generally lead to more severe damage to your vehicle and injuries to you and your passengers. If taken to court, there are also a few slight differences in how these cases are handled that could cause an inexperienced attorney to bungle the case.
What Makes Rollover and Tire Defect Cases Differ from Standard Auto Wreck Cases?
First, in a tire defect case, the chances of multiple responsible parties are considerably higher than a normal car wreck. When a blowout causes an accident, in all likelihood, the tire manufacturer could be held liable under what is referred to as "products liability"; however, several other factors could have caused the tire to fail, including:
- Improper installation and mounting of the tire.
- Improper maintenance of the tire.
- Whether or not the tire was intended for the vehicle upon which it was installed.
Thus, in addition to the manufacturer, any party that took part in the design, selection, installation or maintenance of the faulty tire may bear liability, at least in part, for the harm caused by your accident. Moreover, several other factors involving the manufacturer could have contributed to the cause of your wreck, such as:
- The design of the vehicle's suspension concerning its resistance to rolling when both static and loaded.
- The crash effectiveness of the vehicle in terms of the ability of its structure to withstand a rollover accident, particularly in regard to the firmness and compressive strength of it's A, B, and C pillars.
- The presence and operative function of any extra safety equipment during a rollover.
- And many other factors.
Selecting the Right Tire for a Vehicle can be Critical
Perhaps you're wondering why picking out the right tire for your vehicle can be so trying. After all, it's only a piece of rubber right? Actually, the modern tire is one of the most important and complex pieces of machinery on the vehicle. Various layers of different materials join together in the tire to allow for maximum heat treatment and friction resistance, and the ability of the tire to function properly often depends upon a vast array of sound chemical and molecular structure.
Four springs form the basis of your vehicle's suspension, and the tires are often called the fifth spring because they are critical to the absorption and release of energy through your car. However, unlike the leaf or metal coil springs in the suspension, the tires do not have a fixed spring rate. If the tire is suited to your car and in good condition, then it acts as a good spring, allowing your vehicle to lean as you change lanes or turn, without the car rolling over. On the other hand, if the tire is unsuitable for your car or worn down, then the tire becomes a bad spring, and the car can easily rollover when turning or even quickly swerving through lanes.
As the car moves down the road, the vehicle's weight presses the tire into a flat spot where it meets the roadway, known as the contact patch. At the point where the tire bends to meet the ground at the contact patch, friction occurs, causing heat to be released into the tire. It's much the same concept as the way a paperclip heats up as you bend it back and forth. When it comes to your tire, its rubber structure can become affected by the combination of the heat generated on the contact patch, the heat created by compression of the air under load inside the tire, and the absorption of heat from the atmosphere.
The tires are the only things on your car that make contact with the road. Considering the many ways that heat builds up in and around the tire, and the relative small size of the contact patch at the size of a shoe, manufacturers carry a great responsibility for making sure their tires can perform as they were intended. When the manufacturers fail to supply the correct tire for a particular vehicle, then rollover accidents are likely.
Deserving Compensation Does Not Mean You Will Receive Compensation
Just being injured in a rollover accident isn't enough to ensure that you will be compensated for the harm that has been done to you. You will need the help of a Dallas attorney with experience in tire-related car accidents who can investigate your case, find the evidence you need, and then support it with expert testimony to actually secure the compensation you deserve.
With so many parties possibly liable for your rollover accident, you'll need an experienced lawyer who knows how to investigate a rollover wreck in DFW to discover whose negligence caused your wreck and can work to hold all of the liable parties accountable. At Grossman Law Offices, we understand that evidence begins to fade quickly after an accident, so we conduct a thorough investigation immediately. Most importantly, we sequester and examine all of the involved vehicles, focusing on the tires in rollover accidents. In addition, we evaluate any forensic evidence on the scene, such as the skid marks, and we find any witnesses or video proof that can put the physical evidence into context.
When it comes to rollover accidents, just having physical evidence isn't enough to win a case in court. You must also be able to convince a jury of the validity and importance of that evidence, and that often requires the testimony of compelling expert witnesses to explain what the wear and tear on the tire means. At Grossman Law Offices, our Dallas attorneys have been handling rollover accident cases for 20+ years, and we've developed consulting relationships with various different experts who can sway juries into accepting the evidence we present to them.
What Damages Can You Receive Following a Texas Rollover Accident?
While proving a rollover accident is due to a tire defect can be more difficult than a standard car accident case, the types of personal injury and wrongful death damages that an injured victim or his or her family can receive are the same as for other types of accidents.
Compensation can be sought by people injured in rollover accidents for:
- Damaged property
- Both past and future medical bills
- Pain and suffering
- Lost salary due lost work while in recovery
- Lost future earning capacity as a result of lifelong disabilities
Wrongful Death Caused by Rollover Accidents in Dallas or Fort Worth, TX
Just like any other wrongful death claim – for a medical malpractice or a work-related accident – compensation for both wrongful death damages and survival damages may be sought by the family of someone wrongfully killed in an accident. Wrongful death damages are intended to compensate the family for the losses they've personally suffered and may be pursued by spouses, children, parents, and, in some cases, siblings. Wrongful death damages may include compensation for:
- Funeral bills
- Any medical expenses paid by the deceased before he or she died
- Loss of financial support supplied to the family by the victim
- Emotional and mental trauma
- Loss of the unique and irreplaceable familial love and consortium provided by the deceased
Survival damages allow the closest living relative of the victim to seek the damages the deceased would have been able to pursue had he or she merely suffered injuries in the accident. This right passes down from spouse to children to parents and finally to siblings and may include compensation for:
- Medical bills
- Property damage
- Lost wages during the time the victim would have missed work during the recovery process
- Lost long-term earning potential due to possible disabilities
- Pain and suffering felt by the victim during the accident
- Emotional and mental trauma the victim would have suffered during rehabilitation
Dallas Law Firm Grossman Law Offices Can Assist You
Clearly, there are a number of factors that complicate the process of securing the deserved compensation for an injured victim or for the family of someone wrongfully killed in an accident due to a defective tire.
People without any legal experience, and many inexperienced attorneys, stand little chance of successfully navigating these highly technical cases. To be successful with a tire blowout accident case, you need a defective product attorney with a strong record of success in Dallas, Texas, giving him or her the familiarity with the complex factors involved with such a case.
At Grossman Law Offices, our accident attorneys have spent more than 20 years helping the victims of car accidents and their grieving loved ones secure the restitution they deserve for the harm that has been done to them. If you have been injured, or a loved one has been killed in an accident involving a tire defect, then we can help you too. Contact us today by calling 1-855-326-0000 (toll free) for a free consultation with one of our DFW lawyers. We'll be happy to answer any questions you may have and discuss the specific details of your case.