Miami Defective Tire Accident Attorney
The National Traffic and Motor Vehicle Safety Act gives NHTSA the authority to issue vehicle safety standards and to require manufacturers to recall vehicles that have safety-related defects or do not meet Federal safety standards. Since the Act was enacted in 1966, the NHTSA has recalled more than 390 million cars, trucks, buses, recreational vehicles, motorcycles, and mopeds, as well as 46 million tires, 66 million pieces of motor vehicle equipment, and 42 million car seats due to safety defects. Manufacturers voluntarily initiate many of these recalls, while others are either influenced by NHTSA investigations or ordered by the courts. If a safety defect is discovered, the manufacturer must notify NHTSA, as well as vehicle or equipment owners, dealers, and distributors. The vehicle manufacturer is then required to remedy the problem at no charge to the owner.
NHTSA is responsible for monitoring the manufacturer’s corrective action to ensure successful completion of the recall campaign. Tires can be defective in several different ways. Product defects generally fall into one of three categories: design defects; manufacturing defects; and inadequate warnings or instructions for the product’s safe use. Like other defective products, tire defects can fall into these three categories, as well.
Learn more about common tire defects and dangers below.
Types of Tire Defects and the Associated Dangers
- Tread separation
- Tread and steel belt separation
- Tire made without all specified components
- Improper puncture repair
- Tires made without the know separation prevention design features
- Tire not suitable for vehicle
- Retread failure
- Tire damaged during the mounting process
- Manufacturing defects
Statistics: Car Accidents Caused by Defective Tires in Florida
It can be a horrific and extremely dangerous situation when you are driving and something goes wrong with your tires, especially at highway speeds. Perhaps there was a separation, blowout, or some unexpected flat. Whatever the situation, if a tire is defective and causes someone to crash, the results can be severe. Sadly, defective tires are more common than they should be and people are unaware of the dangers involved. Thousands of defective products with the potential to injure or kill consumers are sold each year in the state of Florida. Manufacturers are responsible to ensure their products meet safety requirements long before consumers purchase their items. A drive to increase profit margins has caused some manufacturers to overlook safety requirements in a rush to make more sales. Sadly, manufacturing mishaps, design defects and inadequate product warning labels can lead to catastrophic and even life-threatening personal injury accidents.
Liability and Common Causes of Tire Failure
Florida law provides that the manufacturer of a defective product may be subject to liability under two theories: negligence and strict liability. It has been said that products liability cases under Florida law require proof of two things: first, that the product is defective, and second, that the defect caused plaintiff’s injuries. With regard specifically to a cause of action for negligence in a products liability case it has been said that under Florida law the elements of such a cause of action are:
(1) the manufacturer must have a legal duty to design and manufacture a product reasonably safe for use;
(2) the manufacturer must fail to comply with that duty;
(3) the plaintiff must have an injury that is legally caused by the manufacturer’s breach of duty; and
(4) the plaintiff must have suffered damages.
Furthermore, it has been stated that to assert a claim for a defective product, whether the claim is for negligence or strict liability, a plaintiff must show:
(1) that a defect was present in the product;
(2) that it caused the injuries complained of; and
(3) that it existed at the time the retailer or supplier parted possession with the product.
Defective Tire Car Accidents in Florida: Who is Responsible?
As a consumer, you have a right to bring a products liability claim against any of the parties in the manufacturing chain, including the component parts manufacturer, the assembling manufacturer, the wholesaler, and the retail store owner. In Florida, courts use one of two theories to analyze what happened in a defective product case: a negligence theory, or a product liability theory. The latter can be referred to as “strict products liability,” which means that the person’s intent does not matter, as long as the plaintiff can prove that the product was, in fact, defective. These theories might overlap or bleed together in certain cases, but for the most part they are fairly demarcated. Florida usually follows the strict liability theory.
Florida Statute of Limitations for Product Liability Lawsuits
Florida has a four year statute of limitations for product liability claims. This means that an injured person has four years from the date of the injury to file a claim for product liability. If a victim’s family wants to pursue a wrongful death claim for injuries suffered during an accident caused by a tire defect, the statute of limitations is two years. Thus, a victim’s family has two years from the date of the victim’s death to file a wrongful death lawsuit in court.
Compensation in Florida for a Car Accident Resulting from A Defective Tire
The impact on the lives of injured victims and their families can be devastating. Additionally, the lifetime medical costs associated with defective tire accidents can be costly. If you or a family member have been in an accident and suffered an injury, you may be able to file a lawsuit and get compensation for your injuries and losses. A defective tire car accident attorney may be able to help you recover the following damages:
Medical Expenses: Plaintiffs can recover money for any medical bills resulting from the injury, including hospital bills, prescription drugs, doctor visits and rehabilitation, as well as any future medical expenses.
Lost Wages: Compensation for time spent away from work, as well as a loss of earning capacity may also be awarded.
Pain and Suffering: When an individual suffers a serious injury, they can experience lasting physical and emotional pain. These victims can receive monetary damages for this pain and suffering.
Claim and Settlement for Your Miami Defective Tire Case
Our attorneys are experienced in investigating and litigating product liability claims. We have the experience, resources, and skill required to handle these large and complex tire defect cases. At Suarez & Montero, we have skilled lawyers and we have the financial resources to hire quality and recognized experts in the tire industry in order to reach the optimal resolution for our clients in these complicated cases.
How to Get the Help You Need After an Accident Caused by Defective Tires
Thousands of people are injured and killed in car accidents every year because of defective auto products. Some of the defects such as seatbelt failure are obvious. Other faulty parts, such as a small steering or brake component, require a serious investigation to discover. Every component of every car needs to be designed with consumer safety in mind. Car makers and the manufacturers of tires, brakes, seats, seat belts and other auto parts and products can be held liable for the injuries and damages caused by defective design or construction. This is known as a product liability claim. These are often incredibly complex cases, and it can take a highly experienced attorney to aggressively pursue damages after an accident caused by dangerous or defective auto products.
The team of lawyers at Suarez & Montero can provide skilled and aggressive representation in your products liability case against manufacturers, distributors, and retailers of defective automotive products like tires, airbags, and seat belts, which cause severe or fatal accidents and injuries.If you have been injured in a defective tire accident, it is in your best interest to work with a tire defect accident attorney as soon as possible. It is the other side’s goal to pay you as little as possible. When you talk to the other party or their insurance company, they might take what you say out of context. They might also completely twist your words or claim that you said something that you didn’t say. When you work with an experienced attorney, they can handle the negotiations with the other side.
Call a Miami Defective Tire Car Accident Attorney Today!
If you sustained injuries due to a defective tire product, you shouldn’t have to bear the entire financial weight of those injuries. Companies should be held accountable for their defective, dangerous products. Assess the strength of your claim by speaking with a Miami product liability attorney who is familiar with Florida’s product liability laws. The Law Offices of Suarez & Montero represents consumers in various types of products liability claims. Our skillful attorneys are genuinely committed to our clients. We will fight to make sure that you get the maximum amount of compensation owed to you. Let us help you get the medical care you need and fight to make sure you are compensated for your injuries! Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation.
Frequently Asked Questions
The United States Code for Motor Vehicle Safety defines a defect as the performance of a motor vehicle or motor vehicle equipment in a way that protects the public against unreasonable risk of accidents occurring because of the design, construction, or performance of a motor vehicle, and against unreasonable risk of death or injury in an accident, and includes nonoperational safety of a motor vehicle. A defect includes any defect in performance, construction, a component, or material of a motor vehicle or motor vehicle equipment. Generally, a safety defect is defined as a problem that exists in a motor vehicle or item of motor vehicle equipment that poses an unreasonable risk to motor vehicle safety, and may exist in a group of vehicles of the same design or manufacture, or items of equipment of the same type and manufacture.
Yes. To recover for losses because of a personal injury that results from a vehicle defect, Florida law requires you to show that the design was unreasonably dangerous. The vehicle or one of its components had an “unreasonably dangerous” defect that injured you. The defect can come into existence either in the design of the vehicle, during manufacture, during handling or shipment (i.e. delivery from the manufacturer), or through a failure to warn consumers of a dangerous aspect of the vehicle.
It has also been stated that under Florida law to prevail on a products liability claim sounding in negligence, a plaintiff must establish: (1) a duty or obligation recognized by the law requiring the defendant to protect others from unreasonable risks; (2) a breach of that duty; (3) a reasonably close causal connection between the conduct and the resulting injury; and (4) actual loss or damages.