The scenario: You are driving along following the flow or traffic and the rules of the road when suddenly you are hit by a swerving car. When the dust settles you realize that there was a tire blowout that was the source of the erratic driving. This now brings us to the purpose of this blog-- who's responsible for tire blowout car accidents?
Every driver on the road has a duty to inspect their tires regularly. While this duty is seldom followed by the average driver, it is nevertheless an affirmative obligation on California drivers. If you have been hit by a car as a result of a tire blowout, you can file a lawsuit against them to recover for your damages which likely include personal injury and vehicle damages. Like most California car accident lawsuits, you will be filing a claim against the other driver's insurance. In those cases in which the other driver does not have enough or any insurance, you would seek to collect money from this area of coverage in your own insurance (more on this important topic here).
In addition to a negligence-based personal injury car accident claim, there are those special cases in which there might also be a product liability claim against the manufacturer of the bad tire. These scenarios are not common but can provide an additional source of financial recovery and also bring public attention to a design or manufacturing defect that might be widespread. Products liability cases are very complicated because they not only involve extensive expert examination but because big companies have a very big interest in fighting the claims that may cost them millions. As it relates to tires, these claims might be against the tire company or against the installer of the tire-- both potential sources of a major accident.
Whatever the cause of your California car accident, Walch Law is here to help. We have over 40 years helping victims of car accidents and will work hard to get you the same results we have gotten for our many happy clients in the past. The holidays are a hectic time of year and tire blowouts, ice and drunk driving are all on the rise right now so if you were injured recently, do not delay in getting in touch with us today.