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Every day we drive countless miles, content that our car will safely get us from one place to another. Few of us even think about our tires. Yet, in nine percent of all automobile accidents, one or more of the cars had pre-crash tire defects, according to the Department of Transportation statistics. The same report said that half of tire-related crashes involve a single-car accident. If you suspect your accident was from a defective tire, contact John Foy & Associates at 404-400-4000. Our attorneys, along with our investigators, can piece together the accident to see if defective tires caused your injuries.
Accidents from failing tires often require split second decisions for the driver to avoid an accident, and unfortunately, sometimes there is no time to react. A recent government investigation found that more than 500 people a year die from tire-related accidents. There are 11,000 tire-related crashes a year, the Dept. of Transportation estimates.
What should I do if a loved one or I have been injured in an automobile accident resulting from a blowout or defective tires?
As in any car accident, it’s crucial to take down as much information as possible at the time of the accident—if there is another driver involved, exchange information, including license and insurance. Take as many photographs as possible and get the names and telephone numbers of any witnesses. Take photographs of the other driver’s tires if you suspect they were to blame. Call the local police and make an official report. This report will act as the record of the accident. Do not agree to settle this matter out of court or without insurance.
“We’ve heard that multiple times, ‘The other guy wanted to pay for all my repairs out of pocket,’’’ says our firm founder John Foy. “Only to have the other driver disappear when it’s apparent that there are massive medical costs involved.’’
Make sure the tires from your accident are saved and properly stored. These tires are a critical piece of evidence in a defective tire case. If you can, find the purchase documents on your tires.
And call a personal injury attorney. Injuries from accidents resulting from defective tires tend to be life changing, life threatening and often fatal. Don’t depend on a multi-national billion-dollar insurance company to have your best interest in mind.
How can I prove that defective tires caused my car to crash resulting in my injuries?
Your primary job after an auto accident is to get healthy. Don’t try to prove that defective tires caused your accident on your own. Our attorneys and researchers have more than 20 years of representing people who have been injured through someone else’s negligence. Let us do the work.
John Foy & Associates has engineering experts that have years of experience accurately and ethically recreating auto accidents.
What are some of the reasons why tire blowouts occur in Atlanta, GA?
The Dept. of Transportation cites tire blowouts as one of the more dangerous types of accidents, mainly because the time window for a driver to react to a blowout is very small. Young drivers and rental car drivers may not be familiar enough with the car to react properly.
In Georgia, our heavy rain, busy highways and older rural roads exasperate tire blowouts. In addition, our constant heat and humidity affect tires that are stored improperly. Even sunlight affects tire viability.
Old tires are the most dangerous kind of tires. Even though manufacturers guarantee their tires for 10 years, most car manufacturers recommend changing after six years.
Government studies show that even the best drivers tend to over- or under-steer and brake improperly if they are driving when tires thread.
What are some of the common injuries from accidents involving defective tires?
Injuries from accidents involving defective tires can be devastating and life altering. In recorded SUV accidents caused by defective tires, 45 percent rolled over, according to the Dept. of Transportation.
Rollovers and blowouts tend to have drastic injuries, such as spinal cord paralysis, concussions, organ damage and death. The National Transportation Safety Board (NTSB) undertook a special investigation in 2015 after four horrific tire-related accidents killed 12 people and injured 42. The NTSB investigation found that tire failures lead to more than 500 deaths a year in the United States.
Who is responsible in a defective tire accident claim?
The responsible party in a defective tire accident is either the tire shop that supplied an old and faulty tire, the manufacturer that built it or the auto manufacturer that supplied a defective tire as part of standard equipment on the car.
Sometimes a tire shop keeps unsold tires in supply and ignores the fact that even unused tires deteriorate over time. These types of tires can be as dangerous as old, worn-out ones. Especially in Georgia, with our hot summers, tire stores must be vigilant about their inventories. In addition, a tire salesman may install the wrong tires for your vehicle.
Tire manufacturers are required to notify consumers of any defects in their products, and they are required to participate in a recall and replace your tire for free.
Who are the large tire manufactures that have these types of recalls and defects?
Tire recalls are serious business. Late last year, the National Transportation Safety Board (NTSB) found that of the 3.2 million tires that were recalled from 2009-20013, only 44 percent were successfully replaced. This contrasts to the fact that in other vehicle defect recalls, 78 percent are successfully replaced.
Almost all large tire manufacturers have had to recall tires, including:
- Firestone
- Uniroyal
- Dunlop
- Cooper Tire & Rubber Co.
- BF Goodrich
- Ford Motor Company
- Goodyear
- Michelin
- Honda
- Mitsubishi
- Yokohama
- Kumho
- Kelly-Springfield
- Toyo
- Some Chinese manufacturers
You can check to see if your tires are on a recall list through this National Highway Transportation Safety Administration website.
What compensation should I seek in a defective tire injury lawsuit?
As in all personal injury lawsuits, you are eligible to seek damages for any medical care you require, including future care; wages and income lost because of your injuries; and pain and suffering. If a tire store knowingly sold you defective tires, we can also seek punitive damages—these are fines set by the court to punish the defendant for criminal behavior.
Is there a time limit to file a case for defective tires?
There is always a time limit to file a personal injury case, in general it’s two years, but there are shorter exceptions. We at John Foy & Associates recommend you get started as soon as possible for a lot of reasons. First, if you are injured, we want to help you get the best care possible. Second, it’s important for our tire experts to inspect the damages as quickly as possible before any evidence disappears.
How much is this going to cost me?
No personal injury attorney should ever charge you any fee for taking your case. Your case should not cost anything to file. Personal injury attorneys are paid from any settlement made by the court. For that reason, you should make sure your attorney’s firm is well established and able to absorb any costs necessary to get you the best settlement possible.
How can John Foy & Associates help?
John Foy & Associates is a well-established personal injury law firm in Atlanta, Ga., with over 20 attorneys and more than 100 employees. Our founder, John Foy, is dedicated to helping people, like you, who have been injured by someone else’s negligence. We are dedicated to the community of Atlanta and all Georgia residents.
A Defective Tire Injury attorney can help you get better and get you the compensation you deserve. We are large enough and strong enough to fight for as long as it takes to get you the best recovery possible.
Our phone is staffed 24 hours a day, seven days a week, with people who can help get you started. Give us a call at 404-400-4000.
