A car accident that is caused by a vehicle defect such as a tire defect is one of the more complicated motor accident related cases. The affected party has the huge responsibility of proving, without reasonable doubt, that the tire defect was the cause of the accident in question leading to losses. In Montgomery, Alabama, there is a law called the pure contributory negligence law that prevents you as the affected party to collect compensation if you, in any way caused the accident. This can be proven in a number of ways, which is why you need an experienced defective tire attorney in Montgomery, AL to help. He will help by reviewing your case and gathering evidence to prove that you are not at fault in any way.
What to do immediately after a car accident caused by a tire defect
- Call the police. In the case of an accident, you need to inform the police so they can take your statement and file a report on the case.
- Call your lawyer. If you suspect that your accident was caused by a defective tire, a defective tire lawyer in Montgomery, AL will help you figure out your next steps in terms of getting compensated.
- Gather evidence. Collect the contacts of any eyewitnesses and take as many clear and detailed photos as possible, which will be invaluable in your case.
- Call your insurer. Inform your insurer of the accident and the possible cause.
How to prove that a tire defect caused your accident
Manufacturers and retailers have a responsibility to provide safe products to consumers by ensuring that they are without defect. In order to prove product liability, you will need evidence to show that the defective tire directly and solely caused your car crash.
Evidence to show that the tire was defective
The first task will be to prove to the court the car tire was defective either in design or make or through lack of warnings against using the tires in certain areas. You can do this by taking photos of the tire immediately after the accident and other details that may help to prove the defect, such as skids on the road prior to the crash. Your defective tire attorney will then be able to argue the manufacturers were directly liable for not being able to provide a product that is safe for use.
Show that the defective tire caused the accident
It is possible to use a defective tire without it necessarily leading to an accident. That’s why you need to prove the direct relationship between the tire and the accident. Your defective tire lawyer can hire an expert witness who can testify to the court and provide evidence on how the defective tires led to your accident. You can use more evidence from the police report where it states that something such as a blowout of the tire caused the crash. You can never have too much evidence in such a case, so you need to collect as much as possible.
Showing who is liable
To be fully compensated for damages, you need to show who was liable and that needs not be you. If the defect was in manufacturing, which are things such as the design and low-quality material and tire recall, then you can prove the manufacturer was liable. In this case, an expert witness will be useful since they will provide an analysis of the tire and state how the tire defects led to the car crash.
It is also possible that the retailer was at fault by knowingly selling you a rejected or returned tire, or one that they knew wasn’t safe for use. It is the retailer’s responsibility to properly check their products before selling and if they didn’t do this, they are still considered liable.
Removing all doubt about your involvement
For you to get full compensation for a tire defect accident in Montgomery, Alabama, you need to show that you did not participate in the accident in any way. You should prove that you were not driving carelessly, drunk driving or speeding at the time of the accident. This is information that will most probably be in the police report, so you need that copy as your evidence.
Having to suffer damages due to a product defect is unnecessary and wrong. This is why you need to do all that is possible to get compensation. You can call us at The Vance Law Firm for legal advice on your case. Will will provide direction on what you will need to do so that we can get you what you deserve.