Vehicle crashes sometimes happen because of equipment failures or faulty car parts. Every part of the car serves a purpose, and if something malfunctions, it could spell disaster. You might have been injured in an accident caused by a defective tire. In that case, you may have several options when taking legal action.
If your accident happened because a tire was defective, you may file a lawsuit against the tire’s manufacturer. If the tire was not on your vehicle but on someone else’s, you might also have a claim against the other driver, depending on the circumstances. It is also possible that you can sue the mechanic or automotive shop that installed the tire on the vehicle, as they have a duty to make sure the products they sell to consumers are safe. Again, exactly who you may sue will vary based on your specific situation.
For a free, private case analysis, call our South Carolina car accident lawyers at Burriss Ridgeway Injury Lawyers at (803) 451-4000.
Who Can You Sue if Your Defective Tire Causes an Accident?
Numerous people or entities may be responsible for accidents caused by defective tires. Your attorney can review your case to determine who should be named in a civil injury lawsuit.
Generally, if a defective tire causes injuries, the manufacturer may be included in a lawsuit. The key is that you must not have known about the defect, and the defect should not have been outwardly obvious. Additionally, you should have been using the product safely for its intended purpose.
Retailers who sold the defective product might also be held responsible. If you had new tires installed on your car and one or more of them turned out to be defective, the mechanic’s shop that sold and installed the tires might be held responsible for the accident.
What if Someone Else’s Defective Tire Causes an Accident in South Carolina
You might have been injured in an accident caused by another driver’s defective tire. Even though you did not purchase the tire, you may still sue the manufacturer.
In the past, common law held that only someone with privity of contract could sue a manufacturer for a defective product. If you did not buy the product, you would not have privity of contract, and you would be unable to sue the manufacturer even if you were injured as a third party.
South Carolina and many other states have codified statutes that allow people to file claims as third parties without privity of contract. According to S.C. Code Ann. § 36-2-318, a seller’s warrant, whether implied or express, extends to anyone who may be expected to use or be affected by the goods.
This means that tire manufacturers may be sued by drivers and passengers injured in accidents caused by their product, even if they did not purchase the tires themselves.
What Makes a Tire Defective?
An important part of your case will be determining how the tire was defective. Some defects are unique to a specific tire and are an isolated incident. Other defects might affect an entire run of tires produced by the manufacturer, and a recall might be issued.
One possibility is that there was some contamination of rubber components during production. This might affect the integrity of the tire, causing it to fall apart while the vehicle is in motion. At high speeds, this can be incredibly dangerous.
There might instead be a problem with the tire tread and belt. The tread is the grooved, rubber exterior that provides traction with the pavement. The belt is a layer of various materials embedded in the tire tread that gives it structure and durability. In some defective tires, the tread and belt separate, which can cause serious accidents on the road.
How to Prove That a Tire was Defective
To prove that the tire that caused your accident was defective, we should have it and the vehicle it was connected to thoroughly inspected.
First, our Orangeburg, SC car accident lawyers should consider when the tire was purchased. If the tire has been on the vehicle for quite some time, the odds of a defect might be lower. At that point, the defendant may argue that the tire failed because of normal wear and tear. However, if the tire was new and should not have failed so soon, there was more likely some defect.
Next, we should communicate with the manufacturer about the tire. Did they know there was a possible defect? Was there a recall recently issued, or was the manufacturer planning a recall soon? If yes, we may be better able to prove the defect.
Can I Be Blamed for an Accident Caused by My Defective Tires in South Carolina?
There is a chance that the defendant will accuse you of somehow causing the accident. For example, the tire’s manufacturer might claim that you knew about the defect in the tires and chose to drive anyway. Alternatively, they might argue that you installed the tires improperly and that they were not defective.
In this case, the court may apply comparative negligence laws. According to S.C. Code Ann. § 15-38-15(A), you may still recover damages, but they may be reduced according to your share of fault as determined by the trier of fact. However, if your fault exceeds that of the defendant, you may be barred from recovery.
Can I Still Sue if My Defective Tires Were Recalled?
When tires are defective, manufacturers may issue recalls. When this happens, drivers may become aware that their tires could be defective. Even if you knew there was a chance your tires were defective because of a recall, you may still sue for an accident caused by the tires.
The defense could argue that they should not be liable because you knew about the recall and chose to continue driving on the defective tires. While this might complicate your case, this is something the defense must prove. You do not have to prove that you did not know about the recall.
Speak to Our South Carolina Car Accident Lawyers Today
For a free, private case analysis, call our Myrtle Beach, SC car accident lawyers at Burriss Ridgeway Injury Lawyers at (803) 451-4000.
