Strict Automotive Product Liability Law and Defective Tires

It is one thing being involved in a car accident but it is another being involved in a car accident that was caused by a defective product on your vehicle. A Riverside car accident lawyer explains that defective tires cause major problems and last year (2010), according to the National Crash Worthiness Data System, a total of 414 people were killed as a direct result of tire blow outs at speed. To add to this issue, in the last couple of years millions of faulty tires have been recalled from all the large tire manufacturers such as Firestone, Dunlop, Bridgestone and Michelin.

It is fair to say that victims who suffer physical harm or financial losses due to a vehicle accident involving suspected faulty tires may well be able to claim compensation from those who are held responsible. With this being the case a skilled Riverside County car accident attorney will be able to set the wheels in motion to be able to file such a claim. So how do they do this?

Clearly the first issue for your representing attorney is that they will have to prove beyond all reasonable doubt that the tire on the vehicle was indeed defective. With this being the case they would call upon a series of experts to see if they can verify these claims. For example a lawyer may call upon the services of a product analyst who can examine the tires to see if they are indeed faulty. If this is believed to be the case then your lawyer will look at filing a claim under strict product liability law.

Strict product liability laws are unlike any torte cases where the attorney has to prove negligence. In the case of strict product liability it is enough that the tire was indeed deemed faulty and that it caused an accident in which their client suffered injuries. Also under strict liability the representing attorney doesn't have to find out where along the supply chain the product became faulty. The blame will always lie with the manufacturer. An example of this is in 2007 the Foreign Tire Sales Company announced a large recall of tires that were manufactured by the Hangzhou Zhongce Rubber Company in China. It turned out that millions of tires made between the years 2002 -2006 had a weakened gum strip, which should prevent tread separation. As a result, the Chinese company were facing millions of dollars' worth of litigation claims.

When it comes to making a claim an experienced Riverside car accident lawyer will work hard to deliver compensatory as well as punitive damages for their clients. These include medical expenses (both immediate and on going), loss of wages whist in recovery, if the victim is unable to work then a loss of any future wages, and psychological trauma and suffering caused by the accident plus any punitive damages filed directly against the client. The amount of damages awarded can depend upon the severity of injuries and length of recovery time as well as any other outside influences such as the effect the injury has had on the victim's family.

It is fair to say that in the main most tires that are manufactured are made well and function in the way that they are supposed to. However some do malfunction and will cause serious harm. Often human errors in tire design, assembly and faulty or defective materials can all cause a tire to become a liability. Be aware that this is totally different from a tire that has been worn through much use. If this is the case, then the fault will lie with the vehicle owner for not maintaining or changing the worn tire in question.

Defective products are an issue and will continue to be, and when one happens to be attached to a vehicle it can and often does cause major injuries. This being the case it is imperative that a Riverside car accident lawyer who is well versed in product liability laws be called in to help. Yes your insurance carrier will probably cover the cost of the damage to your vehicle, but they certainly won't cover the cost of trying to repair your life. Instead the right lawyer can deliver a full and fair compensation package that means that you can put the incident behind you and start to move on.