New York City Personal Injury Law Blog
Compensation for a Personal Injury Caused by Defective Tires
Posted on Oct 27, 2014 in Products Liability
Vehicle accidents are often serious and lead to personal injury in the neck, head, spine, and legs. A person who has been injured in a vehicle accident faces many expenses – both immediate and in the long term. Some of these vehicle accidents are caused by a defective tire. A defective tire often cause rollovers of vans and SUVs that have a higher center of gravity. If you have sustained injuries in a vehicle accident, you need to determine who was at fault in order to obtain compensation from them. For this you need to retain the services of an experienced vehicle accident and defective products attorney.
Types of Defective Tires
There are two types of defects that are most common – thread separation and belt separation. When the adhesive used to glue the thread or belt to the tire is old or contaminated with moisture, dust, or rust, it fails to fix the thread or belt properly to the metal rim of the tire. When travelling at high speeds the thread or belt simply comes unstuck and this causes an accident.
Tire defects can be caused by design faults, poor manufacturing conditions, and faulty maintenance. An experienced product defect attorney will be able to examine the accident and the tire and determine who was at fault for the mishap. This is essential to sue the right party for compensation. Even well-known tire manufacturers have had to recall defective tires in recent years, so a branded tire is no guarantee of safety or durability.
While most tire manufacturers are expected to offer a comprehensive warranty on their products, even if the warranty is limited, it is possible to sue the manufacturer of a defective tire because it is assumed that any product sold to the consumer is safe for use.
If you or a loved one has been injured in a vehicle accident caused by a defective tire you can claim compensation for medical costs, loss of earnings and income, pain and suffering endured, rehabilitation costs, and property damage. In addition some states allow you to claim compensation for the negative effects on your marital relationship.
An experienced defective product attorney who also specializes in vehicle accidents will be able to assess all the factors that lead to the accident and ensure that these are properly documented and presented in court in order to obtain some compensation for you.
Whether you or a loved one has sustained injuries, you need time to recover from them. As such many of the lawyers who tackle auto accident and defective product cases are willing to visit the injured person in a hospital or at home, enabling them to focus on their recovery. The lawyer will take over all the paper work related to claiming insurance and compensation, leaving you free to work toward a complete recovery and handle personal affairs. Moreover, many of these legal representatives will also agree to pursue the case and take their payment after you receive the compensation that is due to you.
The percentage they are due though will be explained and agreed upon by you beforehand.