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How Can A Car Accident Lawyer Represent Me In A Defective Tire Lawsuit?
The National Highway Traffic Safety Authority recorded that there are about 11,000 car accidents related to defective tires every year. In this number, there are about 733 fatalities which is a high number considering that tires are supposed to help keep us safe. However, many people do not realize that the accidents that they were involved in were caused by tire defects and that is why they do not seek compensation. For the few that know that their Carrollton , GA accidents were caused by a defective tire do not know their rights.
If you are certain that a tire defect caused your accident, you can get a car accident attorney to represent you so you can get compensation. This is more so important if you have been injured in the accident or suffered serious property damages. Your accident attorney will be in a good position to look at your case and give you the available options based on the merits. You have the final say, but with some good backing, you can be certain that you will reap richly from your case.
What You Need To Prove In a Defective Tire Car Accident
Having a defective tire at the time of your accident is not enough for you to file and win a defective tire Lawsuit. You will have to prove that either the manufacturer of the tires or even retailer sold you a faulty tire. This means that between the time you bought the tire and the accident, the tire should be in the same condition. It shouldn’t have received any kind of repair because the defendant could argue that the accident was caused by the wear and tear or poor repairs. There are a few defects that will allow your car accident lawyer Carrollton, GA to prove that you were not at fault for the accident such as:
- Design flaws. It is the manufacturer’s responsibility to ensure that the design of the tire is such that it will work as expected and not cause the consumer any harm. If a tire is designed in such a way that it is not best for use but is still released into the market, the manufacturer will be at fault, regardless of whether or not they were aware of it.
- Physical defects. If the tire was defective at the time of purchase and not long after it causes a car crash, you have the right to sue the manufacturer since it is their responsibility to ensure that the tires do not have any defects.
- Lack of warnings. Sometimes manufacturers are aware of certain aspects of the tire that may cause harm to the consumer and that is why they are supposed to issue warnings. If there was no warning to help you know that you aren’t supposed to use the tire in certain areas, then it is still the manufacturer’s fault.
- Tire recalls. If the manufacturer realizes that there is a problem with a certain batch of tires released into the market, he can do a tire recall. However, if you had a car accident due to the defective tire before the recall, you can sue for compensation.
What Are The Damages That Can Be Awarded If The Manufacturer Is Found Liable?
If through your car accident lawyer, you are able to prove that the tire defect caused your car crash, then you have the right to get compensation. These include:
Special Compensation
They are awarded for special cases where the car crash led to some losses to the affected and his family. These include compensation for medical expenses, lost wages due to inability to work, disability due to the accident and any expenses that may be incurred in future as a result of the defective tire crash.
Loss of Enjoyment/ Pain and Suffering
These are categorized as general compensation and they are basically the losses that have and will be suffered yet a price tag cannot be put on it. If you have emotional distress, lower quality of life and unable to enjoy the things that you used to, then you may be compensated for that.
Punitive Damages
These are not meant to compensate the family but are awarded as a punishment to the guilty party. It is only awarded in the more serious cases where there is adequate proof of the manufacturer’s carelessness and neglect. This sum can be a pretty big one depending on the seriousness of the case.
Contact a Car Accident Lawyer in Carrollton, GA
If you are certain that a tire defect caused your accident, do not wait till it’s too late to call your accident attorney Carrollton, GA. You can talk to us at the Law Offices of John B. Jackson for a consultation and to find a way forward for your case. We have been known to get our clients great compensation and the same can be done for you.