San Antonio Defective Tire Lawyer

Have You Been Injured in an Accident Caused by a Defective Tire in San Antonio, TX?

In the legal world, accidents caused by defective tires differ from other motor vehicle accidents because of the difficulty of proving the tire manufacturing or its installation was faulty.

In addition, catastrophic cavitation often leads to rollovers and more serious car accidents. Finding a lawyer with experience in handling cases involving evidence that a defective tire caused the accident is difficult. San Antonio defective tire lawyer Michael Grossman can help.

Defective tire accidents often involve radically different levels of injuries that can occur. Proving liability in Texas defective tire accidents can be challenging. Without adequate representation in these cases and knowledge of the subtle differences in the way they should be pursued, you have little chance of making your case and being awarded compensation.

Why Are These Cases So Different?

The main difference is that the number of defendants or parties tends to be higher than in comparison to a normal crash between two cars. Where the accident was caused by a tire fault, the tire manufacturer is likely to bear some responsibility, but it is possible that the failure to properly install the tire or other factors also played a contributing role, such as:

• Was the tire properly installed and equipped?
• Was it properly maintained and stored prior to installation?
• Is it the tire recommended for the vehicle?
• Did the auto maker really pick the right tire?

Other Contributing Factors in Texas Rollover Wrecks Caused by Defective Tires

Thus, one or more of the companies who have had contact with the design, selection, installation, or manufacture of a defective tire may have some responsibility. In addition, several factors remain unanswered that could show where the vehicle manufacturer had responsibility. These factors may include the suspension or vehicle design, the tire failure as connected to other vehicle safety features, risk assessment, and other issues.

Manufacture, Selection and Installation of Proper Tires Is Essential for Safety

Contrary to popular belief, the modern automobile tire is about the most complex and most tested piece of equipment in a modern vehicle. Even if you think it’s just rubber tubing, it is in fact a very complex entity that contains multiple layers of different materials which are exposed to high heat treatment processes and other technological testing and improvement processes that make it (supposedly) safe. In addition, the multi-layer structure and molecular chemistry that has gone into the manufacture of modern tires is at least as complex as the computer in the dashboard of the car.

Some people call the tire the fifth spring because it has the natural tendency to absorb and release kinetic energy, just like the suspension of a car. Without going into too many technical aspects, this is vital to know because, unlike the metal leaf or coil springs serving the suspension, the tire does not have a fixed spring constant level of support. Depending on the condition of the tire, it can act as a "good spring," adding a resistance to the car rolling (or yawing, which is how it leans into a corner in a turn or a lane change) or "bad spring,” which could significantly affect how the car reacts to turns, possible resulting in a rollover accident .

Moreover, the weight of the tire is pressed by the vehicle into a flat area where it meets the road. This site is flat in the bottom of the tire platform and it is known as the “contact surface.” As turns and drifts distort the tire, the edges are worn and crushed by the flat surface of the road where the tire touches the ground. The energy released as heat in the tire further affects the tire’s performance and shape. The combined production of wear and tear with the heat generated in the tires due to compression under a load, plus the friction between the tire and road, and finally the absorption of ambient heat from the air -- it all adds up to have a drastic impact on the integrity of your tires.

When you consider all the tires on your auto experience - all the forces and friction, and how the tire is actually the only part of the car that touches the road in a contact area about the size of a paperback book, you can really begin to appreciate how the tire is crucial for the operation of a car. It is therefore a task of your vehicle manufacturer and the tire maker to conduct extensive research to determine the best tires for a chosen model, and often the worst accidents are caused by the manufacturer simply choosing the wrong tire for a passenger car.

Testing the Link Between the Manufacturer's Negligence and the Installation of a Tire is a Challenge

Did You Know?

Our San Antonio Defective Tire attorneys have won thousands of cases. Call us today to discuss your case. 1-855-393-0000

You need the evidence gathered and an investigation well done if you want to sue because of a manufacturing defect or faulty installation. Our review of all the facts will be completed to ensure that all liable parties can be properly identified so they can be made accountable for their role in the cause of your defective tire-based car accident. We will seek to find all the relevant facts to demonstrate the relationship between the defect and the accident itself, to ensure that compensation is proportional to your sustained injury. Processing the scene and the investigation of both a tire’s background and the site of its failure, so that all relevant evidence and the evidence was collected and put in place, is one of the primary things we do for you.

It’s important to act quickly to investigate your accident. The streets are crowded places, and over time after the accident, it is cleared of the evidence. In some cases, manufacturers have made deliberate steps to cover their tracks after the accident, when they suspect the tire was the culprit. The best proof usually makes for the strongest cases, and the best results in court. When one of our lawyers at your side, you can be sure we know how to put together an evidence-based case.

The San Antonio defective tire lawyers at Grossman Law Offices know the correct way to gather evidence, take scene pictures, examine the tires and the crash site, and classify all the evidence in the case. If you want to succeed and obtain compensation for losses you or your loved ones have suffered, rest assured that we know how to get what is needed to win a jury trial.

Seeking Compensation for a San Antonio Tire Defect Accident

Damages are the economic losses you have incurred as a result of an injury. The state has two separate damages for personal injuries: general and special damages. General damages are those that are not necessarily tangible but which can be assigned a subjective value if the case is made that a claim for them can be supported. Examples of general damages are:

• Pain
• Disfigurement
• Suffering
• Damage to reputation
• Loss of Consortium
• Emotional duress and pain
• Mental anguish
• Physical disabilities

These damages are different for everyone based on their situation. Imagine there’s a tire blow out resulting in a wreck of a car with two passengers. The driver is a senior citizen leading an inactive lifestyle. The passenger is a 20-year-old ballet dancer. Let’s say both break their legs resulting in long-term loss of the full range of motion in their legs. The pain, suffering and medical bills might be identical, but the loss of the full use of her legs can be argued to have a more damaging impact on the ballet dancer. Consequently, the general damages would differ.

Special damages are damages with known economic metrics, and they include a variety of damages that are explicitly measurable. Examples of special damages are:

• Hospital bills
• Lost wages
• Property damage and repair bills
• Court costs
• Loss of earning capacity

An example of special damages might be a CPA who makes $100,000 and is 10 years away from retiring. He’s in a wreck which causes him to lose his sight, making returning to work difficult. Therefore, he could sue for lost income of at least $1 million as a result, not to mention other special damages, such as medical expenses, his retirement pension, and other items. You can sue for special and general damages simultaneously – they are not mutually exclusive claims. Further, you can sue multiple parties for these damages depending on who bears what share of responsibility.

One of the characteristics of an experienced personal injury lawyer is having the ability to correctly identify and account for all damages to which you are entitled under law. Our San Antonio defective tire lawyers will carefully evaluate each case to maximize the value of compensation possible.

Damages in a Texas Fatal Tire Defect Accident

Litigation for wrongful death lawsuits has two main objectives: to ensure just financial compensation for the families of those who have lost a loved one and to prevent future incidents where tire makers or installers are negligent and their negligence results in injury. It’s a way to hold them accountable when criminal courts may not.

Under Texas civil law, defendants may be held financially responsible for wrongful deaths through a civil action. In other words, you can sue in a civil court for a wrongful death even if no manslaughter or other criminal charges have been brought against a liable party. The laws governing this type of lawsuit can be very complex, so you will almost certainly need the help of an attorney that has experience – like our 20 years – in defective tire cases.

The shock of the tragic sudden and unexpected loss of life of a loved one in a defective tire accident can be devastating. While nothing can compare to the emotional loss suffered by the survivors, you must also take into consideration the financial crisis caused by the death of a family member. To find ways to live without the deceased family member financially, the surviving relatives need a lawyer to help them find ways to compensate for the lost financial contribution. San Antonio defective tire lawyer Michael Grossman has been doing that for 20 years.

Surviving family members can seek compensation for the loss of their loved one due to the negligence of a liable party. Similar to what we listed above, the family can sue for two types of damage: the death damages and survival damages.

Only spouses, children, parents and (sometimes, depending on the circumstances) brothers and sisters, are entitled to compensation for the wrongful death of a loved one in a car accident caused by a defective tire. Wrongful death damages can be sought for:

• The loss of monetary support in the current future of the deceased would have provided.
• Medical expenses of the victim before death.
• Compensation for mental and emotional trauma.
• Funeral expenses.

Survival damages are damages the decedent would have incurred had they been able to survive the fatal accident. These are available to the spouse, children, parent and (in special circumstances) siblings. Survival damages can be sought for:

• Lost wages during the hospital stay of the victim would have survived and recovered.
• Property damage.
• Hospital and physician expenses.
• Loss of earning capacity.
• Mental or emotional suffering.

What Must I Prove in a Courtroom?

It may be self-evident that tire manufacturing defects or improper installation caused the accident, but such issues must still be proven in court with evidence. Manufacturers and installers know, as we have explained to you, everything about tires, how they work, the right manufacturing processes, and so on. They know how important all of this is to the safe operation of your car. It is on them to use all data, research and their vast body of knowledge to make sure you are safe, and to not cut corners or make sloppy decisions. This is the essence of what their "duty of care" is. It is their responsibility to follow a reasonable standard of conduct that prevents you from having exposure to unreasonable risks.

The next part of the breach of a duty of care is when a liable party does not conform to a standard of reasonable action (or inaction as the case may be) that could otherwise cause damage. Breach of this obligation, for example, might be when defective materials are used consciously or corners are cut. Alternately, it could be when tires are stored incorrectly or are improperly installed. It could be that they are simply the wrong type for a car, but the manufacturer uses them anyway to save having to roll out a whole new line of tires.

Now you have to connect the dots in what we call causation. Causation demonstrates that the defendant's negligence was the cause of the injury. If you have no evidence that the defendant caused the injury through his breach of duty in your case, you do not win the case against the tire manufacturer responsible.

Finally, you must prove the damage, which means that the money the defendant must pay if you prove your claim. You must prove that the damage is real and your estimation in your claim is commensurate and fair. This requires a careful and deliberate effort to calculate the total, just amount of the losses and determine a fair bottom-line number. The judge and jury want us to prove the allegations in court to support these damages calculations. The judge and the jury need precise evidence and convincing arguments in support of the application for damages. You may be entitled to compensation for damages such as pain and suffering, medical expenses, loss of earning capacity, miscellaneous repairs, lost wages, and other losses you may suffer as a result of the accident – but you have to convince a jury you are entitled to them.

As you can see, the fault of accidents caused by a defective tire come from many quarters and can result in serious injuries and expensive, incurred damages. They often involve multiple defendants, i.e. responsible parties. They involve companies with deep pockets who don’t want to develop a reputation for making or installing tires to be ruined by us proving our case in court. They have lots of lawyers just waiting to make the case that your claim should be denied.

For 20 years, San Antonio defective tire lawyer Michael Grossman has helped victims of these kinds of preventable accidents. If you or a loved one has suffered from a defective tire accident call us today for a free consultation with our legal team at (855) 393-0000 (toll-free).