Blowouts result in numerous injuries, fatalities, and substantial property damage. You could end up incurring significant medical fees to treat your injuries. In these situations, one crucial factor to consider is whether you are entitled to compensation and who is liable for it.

Most of the time, defective tires lead to blowouts. If the defect in the tire caused the blowout, you most probably have legal grounds to sue the tire manufacturer, seller, or any other party involved in the production and distribution of the tire. However, you should investigate other likely causes, like poor maintenance, road conditions, or even vehicle overloading, as they could be contributing factors. Let us first explore the complexity of tire blowout cases to help you better understand who you can sue for compensation.

Understanding Tire Blowouts

Blowouts caused by faulty tires can cause fatal road accidents, so they should be avoided at all costs. Tire defects are those inherent in the tire, and they could include manufacturing imperfections or poor-quality materials that cause the tire to blow out while in regular use.

A blowout reduces tire pressure, causing the driver to lose control of the vehicle due to the sudden burst of the tire. This can lead to swerving, rolling over, or colliding with other vehicles or objects on the road. The consequences of these accidents can be severe. It can lead to severe injuries, fatalities, and significant losses in property.

A car accident caused by a faulty tire is often referred to as a defective tire car accident. In these accidents, the driver might not necessarily be at fault. The blame usually remains with the party that supplied the faulty tire to the market. Therefore, some of the potential liable parties include:

  • Tire manufacturer — Responsible if a manufacturing process’ mistake renders the tire faulty.
  • Tire designer — He/she will be responsible if the design was flawed and contributed to or was the cause of the blowout.
  • Tire seller — They will be liable if they know of the defect and fail to disclose it.
  • Tire repair shops — They could be held responsible if they conducted a shoddy repair job.
  • Mechanics — They will be deemed negligent if they fail to diagnose or rectify a tire issue.

However, the driver can still share some blame. If the driver fails to maintain tires properly, he/she will be blamed for the accident.

Take note: The driver could be you or the vehicle with a tire blowout.

Further, if the driver does not notice apparent signs of a tire problem, like uneven wear or improper pressure, and does not take action, the driver will also be held responsible.

How Defects in Tires Can Lead to Accidents

Tires' design, condition, and maintenance influence a car's performance. These key components ensure a vehicle’s safety while on the road. Well-functioning tires enable traction, especially on wet surfaces where water is expected to be channeled away from the contact patch. This reduces the chances of hydroplaning and allows for safe acceleration, braking, and cornering. Proper tire maintenance makes it possible to have shorter stopping distances and thus minimize accidents. They are also beneficial in maintaining stability during sharp movements and incidents. It enables the driver to maneuver safely through turns and curves.

Thus, as the plaintiff in a defective tire accident case, you must prove that the tire defects contributed to the accident because they failed to perform within the reasonable safety expectations addressed above.

For example:

  • If the defect affects the tire’s capacity to bear a car's load, it could result in a blowout or accident.
  • If a tire cannot effectively dampen shocks from uneven roads, the vehicle becomes unstable, particularly on rough terrain.
  • If the defect impairs cornering stability or the vehicle's response to an emergency maneuver, it could slide or roll over.

Tire blowouts are one of the major causes of life-threatening accidents, and most of the time, they are due to faulty tires. Tire blowouts occur because of tread separation when a tire's tread starts to peel away from the rest of the structure. This defect could lead to hazardous situations on the road.

When treading is separated, the tire’s contact with the road surface is lost, leading to vehicle skidding, especially in poor road conditions. Lack of grip hinders the driver’s ability to maneuver the car safely.

Further, the tread separation causes the tire to become unbalanced and causes the vehicle to wobble or shake. This imbalance affects handling, and it becomes almost impossible to have a good grip on the car, particularly when cornering at high speeds or making sudden turns. One of the severe effects of tread separation is the blowout, which occurs when the tire structure fails and causes a sudden loss of pressure and explosion. This sudden blowout increases the risk factor of a severe accident by far.

Tread separation also increases stopping distances because the braking power is reduced, and it takes longer to stop the vehicle, thus increasing the risk of an accident. Moreover, tread separation can damage other vehicle components, like the suspension and wheel rims. This will expose you to more costly repairs and increased danger.

Various factors can lead to tread separation. Below is a look at some of them and how they cause a blowout:

  • Underinflation increases the pressure on the car’s suspension system. When this happens, your tires excessively flex, generating much heat. This results in the failure of the bond between the tread and the internal structures.
  • Overloading puts excessive pressure on the tire, causing the tread to separate, which can lead to a blowout.
  • The tire's age also affects the quality of the material used in making it, which makes the tread easily separate.
  • Severe heat also weakens the adhesive to join the tread, causing separation.
  • Punctures and sharp objects compromise the integrity of the tire’s internal structure. Hence, tire separation is likely in these situations.
  • Road obstacles like potholes or other objects can damage the tire, affecting the bond between the tread and the rest of the tire.
  • Tread relies on strong adhesion and structural integrity, so when these fail, they will separate.
  • When tires are worn out, the tread loses its firm grip. Therefore, they tend to separate, especially when stressed or in a hot environment.
  • Poor installation, mainly when the glass is not well balanced or aligned, results in uneven stress, which causes the tread to separate

How Do I Pursue a Legal Claim for Compensation if I’m a Victim of a Tire Blowout Accident?

In a defective tire accident, you can seek compensation through two main avenues:

  • Strict liability — If the defect was caused by a faulty design or a manufacturing error of the tire, then you can sue the manufacturer or designer of the product in a strict liability case.
  • Negligence — If the defect that led to the blowout could be attributed to the negligence of another party, for example, a seller, repair shop, or mechanic, you can sue them for negligence.

Let us look at each lawsuit in detail.

     a) Strict Liability

If a tire defect is due to a design or manufacturing defect, you can sue the manufacturer for compensation. Strict liability requires manufacturers, designers, and product sellers to ensure that those products are safe. However, when they fail in this duty, and a defect leads to an accident or injury, you can seek compensation through a strict liability claim. Your claim could target one of the following areas:

Design Defects

These defects arise where the design of the tire is intrinsically dangerous. A flawed design still makes the tire dangerous even if it is manufactured correctly. In this case, you must prove that the design was defective because it was unreasonably dangerous and that there was a safer, feasible design.

 You can establish a design defect if:

  • The tire fails to perform as expected — This will likely happen if it does not perform safely when used normally, as an average consumer would expect.
  • The risks outweigh the benefits — The problems associated with the design are worse than the advantages the tires offer.

 Examples of design defects in tires include:

  • Ineffective tread pattern — The tire has poor wet or snow traction due to the tread pattern.
  • Susceptible to punctures — The tire is unusually vulnerable to punctures.
  • Prone to blowouts — Based on consumer reports or additional data, it is evident that the tire is likely to blow out under normal driving conditions.

You have to prove that the design defect was the proximate cause of your injuries or damages. Only then will you secure compensation for your injuries. (We explain the proximate cause below).

Manufacturing Defects

Manufacturing defects occur when the product deviates from its intended design or specifications during production, resulting in a unit that differs from others in the same product line. The following are some of the examples of manufacturing defects:

  • Missing or incorrect components — Some crucial parts can be omitted, or faulty parts can be used and put in the tire, such as steel belts embedded in the rubber for strength and stability.
  • Improper assembly — Assembling could be done wrongly, resulting in breakdowns or dangers.
  • Material defects — The materials used might be substandard or low-quality.
  • Manufacturing errors — Mistakes in production can lead to substandard goods.

Warning Defects

Warning defects could also be the basis of a strict liability claim. As the name suggests, a warning defect occurs when a product lacks adequate instructions or warnings about its potential dangers. Tire manufacturers are also expected to have warnings on how best to use their products. You thus have legal grounds to pursue compensation if the manufacturer fails to do so. You must prove the following in your case: 

  • There were inadequate warnings — The product lacked warnings or instructions concerning its use or associated dangers. An example would be the maximum pressure the specific tire can handle.
  • Foreseeable use — The manufacturer ought to have realized that the product could be used in a manner that would produce risks.
  • The manufacturer failed to warn consumers about the tire's potential risks, especially with improper use — The lack of warning should have caused harm or loss.

For example, suppose a tire does not have adequate warnings about risks that may be present when driving under certain conditions or lacks usage instructions, and this omission results in an accident or an injury. In that case, you can base your lawsuit on these warning defects.

      b) Negligence

In most cases, you can bring a negligence claim if the tire defect arose from the negligence of a third party like the seller, repair shop, or mechanic. Negligence occurs when someone breaches a duty of care, resulting in harm. In the case of a defective tire, these parties could be liable if:

  • The seller if they sold the tire knowing it had a defect.
  • The repair shop if they did the wrong repair or maintenance on the tire.
  • The mechanic if he/she failed to report or correct a tire problem during an inspection.
  • The city or local authorities, if poorly maintained roads, caused your tire blowout.

Remember, as the plaintiff, you must prove your case. You, therefore, will be expected to demonstrate the following:

  • The defendant had a legal duty to exercise reasonable care for you and your safety.
  • He/she failed to exercise the reasonable standard of care that would have prevented the defect.
  • Their breach led to your accident and injuries, so they need to compensate you.

Maximize Your Compensation in a Tire Blowout Case

In a tire blowout, you can sue multiple parties to increase the damages you can claim. Each liable party contributes to covering your damages. Including all relevant parties increases your chances of receiving full compensation for your injuries and losses.

The primary goal of filing a personal injury claim in a tire blowout case is to seek damages to compensate for the following:

  • Medical expenses — The jury award will compensate you for the medical costs of treating your injuries. These include emergency treatment, operations, hospitalization, drugs, and physical therapy. This compensation caters to current and future health expenses.
  • Lost wages — You can seek an award for wages you lost because of being unable to work due to the injury. This encompasses the wages lost due to the accident and any future remunerations you lost if your working capacity is impaired in the long run.
  • Pain and suffering — The cost of pain and suffering is not immediately quantifiable. It is subjective. However, the jury can award you damages for the mental torture you are going through due to the accident. This caters to the agony and the emotional burden on you and your family.
  • Property damage — You can get reimbursement for the loss of your property or the damage to your car caused by the blowout. This includes the cost of repairs or the property's value if it is beyond repair.
  • Other losses — You can request damages for additional losses, such as:
    1. Diminished quality of life
    2. Loss of consortium — This is the impact your injuries caused on family relationships or
    3. out-of-pocket expenses related to the accident.

Filing a lawsuit in a tire blowout case does not guarantee that you will receive the full compensation you want. Nevada operates under comparative negligence rules, and the proportion of your blame reduces your compensation. The defendant is entitled to prove that you were, to some extent, at fault for the accident. They must present compelling evidence to persuade the court that your actions played a role in the accident.

If they convince the jury that you are partly to blame, your compensation will be reduced by the portion of blame the jury assigns you. For example, if the jury awards you $100,000 and determines that you were 30% at fault, your award would be reduced to $70,000. Furthermore, under the modified comparative negligence rule, you can be locked out of any form of compensation if you are deemed 50% or more at fault for the accident.

Defendants leverage the comparative negligence rules to their advantage. They will claim that you are also to blame for the blowout or the damages that come with it. They could argue the following in their defense:

  • You failed to maintain your vehicle — The defendant could argue that you failed to maintain your car, check the tire pressure, ensure your wheels were aligned, or check the tire(s) treads. They could argue that the blowout was avoidable if you had maintained your tires and wheels correctly. This means that you bear the blame for the accident.
  • You did not follow safety measures — In their defenses, they could argue that you failed to observe basic safety measures like speeding, overloading the vehicle, or avoiding obstacles. The defense can use this to claim that you contributed to the causation of the blowout or aggravated the situation, hence being partly to blame for the accident.
  • Failure to notice tire issues — In their submission, the defense could argue that you should have noted tire problems, including visible damage, signs of wear, or past incidents. They could also claim that any reasonable person in your shoes would have seen the warning signs and avoided the blowout.
  • You were not injured — You could be in the spotlight when the defense argues that you were never hurt, even though there was a tire blowout. The defense could offer evidence, for example, medical records or an expert witness, to prove that the occurrence did not affect your physical health. If they convince the jury that you were never injured, the chances of your legal claims for medical costs, personal suffering and many other related losses and damages will be negated.
  • Your injuries were unrelated to the accident — It is a viable option for the defense to argue that any of the injuries you are claiming were not a result of the tire blowout but a result of a previous or another event. In this case, this strategy seeks to break the blowout causation link and, thus, lessen the compensation they have to pay for the claimed damages.

If they prove the above, the jury will reduce the damages it awards you by the portion of your fault.

Wrongful Death Claims in Case You Lost Your Loved One in a Tire Blowout Accident

If a blowout results in a fatal crash, the surviving family members can sue for wrongful death to the parties at fault. This legal action enables them to claim for the losses occasioned by the death of their loved one.

For the family to prevail in a wrongful death lawsuit, they have to prove that the negligence or misconduct of the defendants caused the tire blowout. They can seek compensation for the following:

  • Funeral expenses — The compensation would cater to funeral, burial, or cremation expenses.
  • Loss of financial support — This award seeks to replace the income the deceased would have contributed to the family.
  • Loss of companionship — Juries award this to mitigate the grief arising from the loss of companionship and/or parenting that the deceased provided.
  • Emotional suffering — You can recover damages for mental anguish and emotional harm occasioned by the loss of your loved one.

Find a Personal Injury Attorney Near Me

Seeking damages for a tire blowout accident can be a daunting task that can leave you overwhelmed, especially when you are having to deal with your injuries. It is challenging to deal with the legal processes, learn about comparative negligence rules, and determine all the at-fault parties. Further, you have to deal with the aggressive approaches defendants will use to minimize their culpability, making it even more challenging to get the justice you need to be compensated.

A professional personal injury lawyer can make this process easier. They will gather the evidence required for your case, prepare the necessary documents, present your case in court, and deal with insurance providers. This means that you can concentrate on your healing process without being overwhelmed with the details of your case. We at Dallas Horton & Associates will fight for you and help you secure just compensation. Call our Las Vegas offices at 702-820-5917 for a free case evaluation.