Miami Defective & Recalled Tire Lawyer : Sean M. Cleary
How Can We Help After a Car Accident Due to a Defective Tire?
When investigating defective tire cases we focus on proving a tire was designed defective, providing evidence of defects, and holding responsible the manufacturers.
Sean M. Cleary
Every year there are over 5K car accidents in Florida alone caused by problems with the vehicle's tires. In Miami, Florida defective tires often cause serious types of car accidents resulting in major injuries, like rollovers, with a 50% fatality rate. When the tire sidewall deforms, SUVs and trucks can tip over. Tire sidewall deformity is an issue that can also lead to another major tire defect: blowouts. Tire blowouts can cause drivers to lose control in heavy traffic easily. You and your passengers could be severely injured, also you could injure innocent pedestrians and passengers in other vehicles.
Defective tire car accidents in Florida: Who Is Responsible?
Tire manufacturers have the legal responsibility towards their clients to deliver safe and reliable products. In case design or manufacturing defects affect the tire's performance and possibly lead to a car accident, negligent tire manufacturers can be held liable. A claim may also be made against the car manufacturer if the tires are part of the original equipment on a vehicle.
Tires also have recalls, with the following companies recently issuing recalls for their tires:
Claims can also be brought against retailers who knowingly sell unsafe tires. When a tire has been stacked in inventory for many years, the retailer knows that the tire cannot be safely used and should not be sold. The rubber in a tire weakens over time and oxidizes. An unsuspecting driver could be driving at highway speeds when the tire suddenly de-treads causing the driver to lose control of the car and possibly crash.
Proving defective tire cases in Florida: Our Investigation and Experts
There are various ways in which an unsafe or defective tire can result in a severe car accident and investigating the circumstances is always necessary before establishing liability and compensation amounts.
Technicians and car accident reconstruction specialists, at The Law Offices of Sean M. Cleary, carefully investigate the circumstances and causes of each car accident and components of the car, including tires. Regardless of how big or small the tire or car manufacturer is, if their negligence caused you financial and emotional loss, they should be held responsible for any defective car components.
We know exactly what to look for in a car accident caused by a defective tire:
Compensation in Florida for a car accident resulting from a defective tire
The amount of compensation you may be eligible to obtain is dependant on the details of the car accident and injuries suffered. We need to review the circumstances of the car and accident. In product liability cases we can file claims to recover:
Medical expenses (including future medical costs)
Loss of wages (including future wages)
Inhibited earning capacity
Pain and suffering
Sean Cleary, our Miami based product liability lawyer, will always be on your side and will build your case based on expert analysis and prove that the car accident was the result of a defective tire, the tire manufacturer failed to provide customers with safe and reliable products. We will file a claim on your behalf for negligence and you will be eligible to recover monetary compensation for your injuries resulted from a defective tire car accident.
Potential causes of tire defects: Why did the tire fail?
Both design and manufacturing defects can contribute to tire failure. One of the most common causes is tread separation. It mainly occurs when tire components are poorly glued together. During the manufacturing process, foreign materials like moisture or impurities are capable of getting cured into the tire, affecting the way rubber and steel bond. The risk is mainly present because:
Tires are made manually, so perspiration and dirt can contaminate the materials
Most tire manufacturers refuse to use nylon overlays that make tread separation less likely
Final tire inspections aren't performed properly, so defects aren't always spotted
Another common defect that can lead to tire failure is the partial or complete separation of the tire from its rim, resulting in immediate loss of tire pressure. An underinflated tire is more likely to de-bead during severe turns and cause a rollover.
Inadequately speed-rated tires are also likely to result in car accidents. Despite the fact that most manufacturers equip their vehicles with tires that are speed rated at something greater than the maximum speed capability of the vehicle, this type of tire failure can still occur in one of the following circumstances:
The temperature is excessively high
The car is heavily loaded
The car is traveling at a speed close to the maximum limit
Other common causes of tire failure include:
Oversized tires: raise the height of the center of gravity increasing the risks of the vehicle tipping over
Aged tires: after six years a tire's risk of failure highly increases
Mismatched tires: different tires have different personalities and will perform differently in similar situations
Misplaced tires: new tires in the front of the vehicle and old ones in the rear can lead to hydroplaning
Despite the fact that structural defects or installation errors often increase the chances of being involved in a traffic collision, car accidents that happen in Miami and Florida, need to be carefully investigated before establishing liability. If you have been involved in a car accident in Miami or the State of Florida and you suspect it could have been the result of a defective tire, you should contact us and we can accurately analyze the circumstances of your car accident and see if you have a case.
How can we help after a car accident due to a defective tire that resulted in serious injuries?
As legal evidence is needed to file any product liability claim, and evidence can be lost in time, we advise you to seek legal assistance as soon as possible. Preserve the evidence to strengthen your claim. Proving tire defect claims can be difficult if we don't have access to the evidence, or get it too late. If you suspect that your accident involved a tire blowout or a possible defect, or the officer who reported your accident told you that this may have been the cause, contact us 305.416.9805 right away and we will check to see if you have a claim.
To preserve valuable data, you should also avoid making any repairs to the vehicle before our experts can analyze the circumstances of the crash. Once we received the initial documents needed through phone or email, including a copy of the accident report, documents regarding the purchase of the vehicle or the tires, pictures taken at the scene of the crash and a copy of your medical records, we will evaluate your case for free and let you know the amount of compensation you are eligible for.
We'll further analyze the details of your car accident and injuries and gather additional proof. We'll file the claim on your behalf and negotiate a fair settlement or take your case to court if liable parties refuse to settle. Regardless of the company you're facing, we won't accept anything less than what you deserve and need to move on with your life.
In order to win a defective tire case and receive fair compensation for your injuries and financial damages, you must prove that you are legally entitled to financial compensation. Your insurance company may cover all or some of the damages, but a product liability claim against the manufacturing company can bring additional compensation.
Should I Hire an Attorney for My Defective Tire Case? »
Yes, it is always good to seek legal advice from an attorney especially when dealing with a defective tire case. Defective parts, including tires, can lead to serious car accidents but involve complex legal claims. Large manufacturing companies have the resources to fight liability or make early settlements for minimum compensation. Contacting an attorney to represent you will increase your chances of getting maximum compensation.