California Defective Tire Injury Attorneys
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California Defective Tire Injury Attorneys with a Track-Record of Unrivaled Success
Tires are crucial to maintaining a properly functioning vehicle. Tires serve as the foundation of your vehicle, and if you keep them properly maintained, then you can ride for many miles. On the other hand, if your tires are defective, you will face potential property damage, serious bodily injury, and even death. In the event of a sidewall failure, tire detachment from the rim, or belt separation, you may need the help of a Defective Tire Injury Attorneys to recover financially from the accident. Whether you are facing a sidewall failure, a detachment of the tire from the rim, or a belt separation, you may be on the road to financial recovery from an accident.
The road to fully recovering after an accident can be a long one with many twists and turns. It can be truly difficult to know what steps to take to protect your legal rights after an accident. If you find yourself facing recovering from a defective tire accident, the legal team at Arash Law, headed by Arash Khorsandi, Esq., is here for you. With many years of success recovering compensation for our clients, our firm is ready to use our skills and expertise to help you get your life back on track. Contact us today to speak to one of our talented California tire injury attorneys and schedule a free case evaluation at (888) 488-1391.
What Role Do Tires Play When Driving?
To ensure your tires are properly maintained, being informed about how tires are made is essential. You may not know the components of tires, especially if you aren’t a mechanic or you do not work in an industry where close attention to tire maintenance is necessary, such as with truck driving or driving a rideshare. Here is a quick rundown of each component of a tire:
- Inner liner – The inner liner is the inside layer of a tire. If it is not defective, the inner liner should seal air out of the tire.
- Body ply – The body ply is the body of the tire. It is made of a layer of rubber, a layer of fabric that reinforces the rubber, and a second layer of rubber. A body ply makes the tire strong.
- Tread – The tread is the part of the tire that meets the surface of the road. Tread on your tires has an important job. It helps water, ice, snow, and other debris escape from the surface of your tire, giving your tires better traction and helping decrease slippage.
- Belt – You will find the belt between the tread and the body ply of your tire. The tire belt increases the tire’s resistance to wear and tear or other damage. A good tire belt prevents a puncture from immediately destroying the tire. For example, a good tire belt allows someone to keep driving their vehicle if a nail is stuck in the tire.
- Bead – A tire bead is a reinforced loop that sits near where the tire meets the wheel. It is made of rubber-coated steel. The purpose of a bead is to keep the tire on the wheel.
- Sidewall – You can find the name of the tire manufacturer and the tire size by looking at the sidewall. Its purpose is to protect the body ply.
- Shoulder – The tire shoulder is on the outside edge of the tread. It is wrapped around the sidewall. It protects and supports the tread and sidewall.
Catching a problem with your tire can save you time, money, and, most importantly, your life. Try to keep your tires in good condition. Doing so will increase your likelihood of safe travel. Poorly maintained or defective tires lead to poor maneuvering and maybe even a tire blowout. Some signs you may be experiencing a tire problem include:
- There is visible damage to your tire, including cracks, bulges, blisters, or cuts.
- When you drive at high speeds (such as while driving on the interstate), you feel vibrations.
- There is a high-pitched squealing sound when you take a sharp turn.
Our client was driving with his wife and son on a two-lane highway when a drunk driver crossed the double yellow lines, causing a head-on collision that claimed the life of a loving wife and mother.– Arash Khorsandi
Common Tire Design Defects
Inadequate Recalls
A recall happens when a defect is present, making using a product dangerous. Tire recalls help take dangerous tires off the road, thereby ensuring an increase in traffic safety. The practical purpose of a recall is to inform consumers if they purchased defective tires. However, sometimes recalls fail to warn. Inadequate recalls happen because it is more economical for manufacturers to issue recall notices quietly rather than in a widespread and diligent way. Unfortunately, this practice leads to avoidable injuries happening.
Inadequate Inner Liner
The purpose of an inner liner is to prevent compressed air and condensation from entering the tire. Faulty inner liners allow air to escape and contact the other tire components, damaging them through oxidation. Oxidation ruins tires by destroying the rubber components in the tire.
Lack of Cap Ply
Cap flies are usually installed in European cars. The cap ply increases the strength and durability of a tire. A well-designed cap fly reduces the tendency of steel belts to separate from the rubber where they are embedded. Some cars do not have cap plies, even when they are necessary or will increase safety, because tire manufacturers claim that they are only needed for high speeds. However, cap plies are helpful and increase long-term durability and decrease the likelihood of damage to any car.
Defective Belt Skim Stock
The belt skim stock binds together the tire components. Manufacturers often use defective belt skim stock to coat the tire components. If that happens, the parts are at risk for oxidation and early failure. Tire manufacturers try to save money by slacking on belt skim stock. These same manufacturers then fail to inform consumers of their practices, which causes unnecessary and avoidable accidents.
Lack of Belt Wedge
Failing to include a belt wedge is a design defect. Belt wedges are used to keep steel belts from rubbing against each other and degrading the belts and other tire components. The belt wedge is located on the tire shoulder. The shoulder endures the most stress of any component during the life of a tire. If improperly designed, there is a high likelihood that the shoulder will overheat, soften, and be more susceptible to damage over time.
Common Tire Manufacturing Defects
Improper Alignment
Contamination
If a tire has contaminated parts, the most likely explanation for the contamination is a manufacturing defect. Raw tire components must be protected from water and debris during the manufacturing process. When tires are uncured, they are very sticky, and any debris present can attach to them and cause significant damage. Similarly, if water and other liquids contact the steel wires or belts, the moisture can prevent proper bonding of each component during assembly. Improper construction can cause the tire parts to corrode before their expected expiration date.
Examples of contaminants usually found in tire manufacturing facilities include:
- Stray wire
- Tools not placed back in the correct place
- Screws and nails
- Gloves
- Chemicals
- Food, candy, and food wrappers
Employees Fail to Include all Components
Common Mistakes Made By Tire Service Centers
In addition to design and manufacturing defects, the acts of service centers may also cause dangerous tire defects. Keeping your vehicle road safe requires regular maintenance on your tires. Because most people are not confident in their ability to properly maintain their own tires, they turn to tire service centers to take care of the maintenance for them. Despite their professionalism, sometimes tire service centers make mistakes. Some of the most common mistakes that tire service centers make include the following:
- Putting new tires on the front of a vehicle and not rotating all four tires
- Not removing a tire that is more than six years old to repair or replace it
- Improperly patching a damaged tire
- Selling a customer a defective tire
- Patching the shoulder or sidewall
- Failing to remove a tire if the tread is less than the legal 2/32 requirements
- Failing to mount the tire to the rim of a vehicle securely
- Mounting a tire on a vehicle that is a different size than all the other tires
- Failing to warn a customer that a tire is not safe or suitable for its intended use
- Mounting a tire that is either too big or too small for the vehicle
If you get into an accident caused by a defective or damaged tire and the service center is responsible, then you may have a claim against the service center and the employee who worked on your vehicle.
Tire Blowouts
Reasons for Tire Blowouts
Tires blow out for many reasons. Some of the most common reasons for experiencing a tire blowout include:
- Unsatisfactory repair jobs
- Adhesion issues
- Manufacturing defects
- Design defects
- Tread separation
What Should I Do After a Tire Blowout?
- Stay calm. Panicking will only make the situation worse.
- Avoid slamming on your brakes. Instead, slowly come to a stop by easing your foot off the gas pedal.
- Ease over to the shoulder of the road or move to an area that helps you avoid traffic.
- Turn your emergency hazard lights on. Keeping your hazards on helps you remain visible even in low light or inclement weather.
- If there is enough room and you know how, you can change your tire.
- After you get your vehicle to a safe area, call 911 if anyone suffers an injury.
- While you are waiting for emergency assistance, keep your distance from other vehicles.
How Can I Prevent a Tire Blowout?
- Look out for cracks and cuts in the tire’s rubber.
- Check for fabric breaks.
- Look for bumps or bulges due to internal damage.
- Look for any other visible damages.
- Maintain proper tire maintenance.
Who Is Legally Responsible for Causing a Tire Blowout?
A civil lawsuit is a legal remedy to recover damages after getting hurt because of another person or company’s negligence. In defective tire cases, there are multiple potentially responsible parties against whom you may bring a lawsuit. The driver and the tire manufacturer might be liable for your accident if the tire is defective. If you are in an accident with a commercial truck driver, you may have a claim against the driver, tire manufacturer, and the driver’s employer if the driver was working when the accident happened, but a skilled Defective Tire Injury Attorney can also help you seek damages from the driver’s employer. Contact a Defective Tire Injury Attorney today to protect your rights and get the compensation you deserve.
When the Other Driver is Responsible
When the Manufacturer or Retailer is at Fault
When Commercial Truck Drivers Are at Fault
Can I Sue Even If My Tire Blew Out?
You may think you cannot recover damages if your tire blows out. Even if your tire blew out during an accident, you might be eligible for compensation if you suffered an injury. It is possible for a tire manufacturer, designer, tire service center, or a third party to be responsible for your injuries. If you suspect your tire was the cause of the accident and, therefore, your injuries, then you should speak to a defective tire injury attorney immediately after getting into an accident.
What Damages Are Available in Defective Tire Cases?
Economic
Future medical costs – You can also recover future medical costs. Your injuries may require ongoing medical treatment like inpatient care or rehabilitation services. Because this care will be related to the injuries from the accident, it will be included as a part of your overall damages.
Lost income and lost future income – If your injuries cause you to miss work, you should keep a record of the number of hours you missed. Doing so will be helpful as your case continues to prove your losses. In addition to current lost income, you can recover future lost income if your injuries keep you from work or if you anticipate your injuries will keep you from working in the future.
Lost earning capacity – An employee loses earning capacity if they can no longer work in the same industry or at the same rate as before the accident due to their injuries. For example, if a person was a firefighter before getting into an accident but can only work at a desk now, they may be owed damages for lost earning capacity, especially if they lose income as a result.
Cost of hiring domestic help – If you cannot take care of your domestic responsibilities because of your injuries, then you can recoup the cost of your loss. Sometimes after accidents, people cannot clean their homes, cook for themselves, or care for their children and pets. If this situation sounds like the one you are in, you may decide to hire in-home help to accomplish these daily tasks. But that costs money. An accident attorney can help accident victims recover the money they spent hiring domestic help.
Property damage – If an accident caused damage to your vehicle, and in some cases, your personal property inside the car when the accident happened, you may have property damages claim. To prove property damage, you will need an estimate for the cost of repair and the value of the items you lost because of the accident.
Non-Economic
Disfigurement – Although disfigurement is usually connected to a physical injury, the suffering an accident victim may experience while living with the disfigurement may be intangible. A victim is entitled to recover for damages related to disfigurement.
Pain and suffering – Pain and suffering address the physical and emotional stress caused by an injury. These damages are awarded to a victim to repay for dealing with the frustration of suffering harm.
Disability – A disability can be temporary or permanent. If a defective tire accident left you disabled, you might be entitled to recover from your injuries.
Mental anguish and emotional trauma – Accidents take a significant toll on mental health. Accident victims may deal with depression, mood swings, isolation, and even suicidal ideations after an accident. Although difficult to quantify, these are losses that deserve compensation.
Punitive – Punitive damages are not compensatory damages like general and special damages. Punitive damages are used to punish a defendant for acting in a wildly outrageous way that caused the plaintiff severe injury. Courts award punitive damages under aggravating circumstances. It is necessary for an accident victim to prove that the defendant’s actions were willful, malicious, fraudulent, oppressive, or wanton, or that the defendant acted with indifference to the consequences of their actions.
Loss of consortium – The spouse of an injured person may have the right to pursue a loss of consortium claim. Loss of consortium, or loss of companionship, is a legal claim to recover the value of losing their spouse’s companionship. This category of compensable damages can include spending time with their spouse, emotional care their spouse provides, and sexual relations.
What About Nationwide Recalls for Defective Tires?
Several large companies have recalled tires in recent years. Unfortunately, these recalls do not happen until after someone gets seriously injured or dies because of a defective tire. Some major companies that have had tires recalled recently include:
- Bridgestone
- Firestone
- Michelin
- Goodyear
- Dunlop
- Cooper
The National Highway Safety Administration (NHTSA) keeps online records of national recalls for automotive parts, including tires. If you experience problems with your tires, you can report your issues to the NHTSA. Reporting helps keep you safe and other drivers safe, too. Reporting also helps the NHTSA keep records of issues and identify patterns of manufacturing and design defects.
How Can an Accident Attorney Help Me?
A attorney is your best resource to protect your legal rights after an accident. They can help you in various ways to ensure you receive full compensation for your injuries and losses and that your legal rights are protected after an accident. Ways that a defective tire injury accident attorneys help their clients include what follows.
Negotiations
Your defective tire injury accident attorney will handle negotiations on your behalf. Civil lawsuits begin with trying to negotiate a settlement with the insurance company. Insurance companies are businesses like any other business, and they are focused on making as much money as possible. To accomplish this goal, insurance companies try to avoid paying out settlements as much as possible. Your attorney will help get you the settlement you deserve and avoid sneaky insurance company tactics.
Communication
Your defective tire injury accident attorney’s office can handle communications from third parties. If you are represented by legal counsel, the defendant’s insurance company, debt collectors, and medical billing departments can all be directed to speak to your attorney until your case is resolved. Taking the burden of speaking to bill collectors and insurance companies about money can help you focus solely on recovering physically from the accident.
Trial Preparation
Your defective tire injury accident attorney will handle the legal side of your recovery while you focus on getting better. You can trust your attorney to file and respond to motions, file your complaint for damages on time, conduct discovery, hire expert witnesses, and represent you at trial. Defective tire cases take sophisticated legal skills to win. Most accident victims have better outcomes in their cases when they hire an attorney.
The legal team of defective tire injury accident attorneys at Arash Law, founded by Arash Khorsandi, Esq., has successfully brought accident claims against the biggest tire companies in the country. We go up against giants, and we win. You can trust that our firm has the resources, experience, and dedication to see your case all the way through and help you recover what you deserve. Some of the companies we have fought, and won against include:
- Dunlop
- Cooper
- Continental
- Bridgestone
- General Tire
- Firestone
- Goodyear
- Sumitomo
- Michelin
- Hankook
- Yokohama
- Toyota
- Nissan
- Mitsubishi
- Kia
- General Motors
- Tire Kingdom
- Hertz
Contact Arash Law Today
We look forward to speaking to you and assisting you in getting your life back to normal after a defective tire accident. Contact us today at (888) 488-1391 or through our online chat function to schedule a free case evaluation today.
