You can file a lawsuit if your tire was recalled and if the defect that led to the recall caused you to suffer damages. This is typically only the case when you or a loved one suffered a serious injury or death due to a tire defect.
If you only suffered minor injury or property damage, it may not be financially feasible for you to file a lawsuit against a tire manufacturer or other responsible party. These companies have a lot at stake and will expend significant financial resources to avoid liability. Your potential damages may not be enough to cover the costs of litigating your case if you were not seriously injured.
What Do I Need to Do to File a Defective Tire Lawsuit?
Most defective tire lawsuits do not require we prove the manufacturer behaved negligently at some point in the design, manufacturing, or sales process. Instead, we can usually sue under strict products liability, which requires us to prove the following:
- The tire had some kind of defect (e.g., bead failure, improperly adhered parts, missing parts, etc.)
- The defect caused your tire to fail (e.g., the tread separated, the sidewall failed, etc.).
- The tire’s failure caused you to suffer injuries (e.g., You suffered serious injuries or a loved one died in the accident.).
While a tire’s inclusion on a recall list will not prove our case entirely, it will certainly help bolster the argument that your accident occurred because the tire was defective.
Other evidence we might need includes:
- Testimony from an accident reconstruction expert
- Other expert witnesses
- Photos of the tire
- Maintenance records (to show that a lack of vehicle maintenance on your part is not what led to the accident occurring)
How Do I Know If My Tire Was Recalled?
The National Highway Traffic Safety Administration manages a list of all tires that have been recalled. You can check if your tires have been recalled by searching by the brand name and tire size on the website.
Recoverable Damages in a Tire Defect Case
If we succeed in proving your case, you may be entitled to several different types of damages.
Damages are divided into two general categories: economic damages and noneconomic damages. Economic damages are more straightforward to calculate. Noneconomic damages are harder to quantify and can vary considerably depending on the facts of a case and what a jury feels is fair compensation.
The following are common types of economic damages:
- Medical expenses (both current and future)
- Emergency transportation costs
- Physical therapy costs
- Lost wages, including a potential future loss of wages
- Loss of earning capacity if you cannot perform your job and must change careers
- Property damage
- Attorney’s fees related to your case
We can usually use receipts or bills to prove these damages.
Noneconomic damages are much more difficult to quantify. It is difficult to predict how much a jury will award for these types of damages; however, we will fight to maximize what you receive.
Some types of noneconomic damages include the following:
- Physical pain and suffering
- Mental and emotional pain and suffering
- Physical impairment or disfigurement
- Loss of enjoyment
- Loss of consortium when a loved one is injured or passes away
When a person experiences emotional pain and suffering, there is no set formula a jury can use to calculate their damages. To establish noneconomic damages, we often use testimony from friends and family, entries from a victim’s pain journal, and medical records to establish the pain the accident victim suffered after the accident.
In addition to the economic and noneconomic damages you deserve for your injuries, filing a lawsuit can also lead to necessary changes in the way companies manufacture their products.
Request Your Free Initial Consultation
Call 888-808-5977 to request your free initial consultation with one of our product liability attorneys. If a defective tire caused you or a loved one to suffer serious or fatal injuries, we can help you seek compensation from the responsible parties.
At Newsome Melton, we have a nationwide practice handling complex product liability cases, including defective tire lawsuits. If you are going up against a big company with deep pockets, we can help you level the playing the field and fight for fair compensation for your injuries.
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