Tempe Defective Tire Attorney
Tire blowouts and other mishaps that occur at high speeds often lead to fatal and catastrophic injuries. If you or a loved one was harmed by a defective tire, you may be eligible to file a claim for compensation.
At Phillips Law Group, we have provided legal services to Arizona ridents for more than decades and have recovered over $750 million in compensation for over 155,0000 clients. This includes a $4,000,000 recovery for a fatal car accident caused by a defective tire. Attorney Kurt D. Maahs has over 18 years of experience handling defective product liability cases. He is also an active member of the Arizona Association for Justice.
Our Tempe defective tire attorneys offer a free consultation where we can discuss your claim and explain your legal rights. There are no upfront costs, so there is no risk to you. We can be contacted 24/7 over the phone or online.
Call us at 1-800-706-3000 to get started.
Can I File a Defective Tire Case?
If you were injured because of a defective tire, you might be able to take legal action against the tire manufacturer or seller to pursue compensation for the damages that you have sustained. Certain family members are able to file a wrongful death lawsuit if an accident caused by a defective tire caused their loved one’s death.
These cases are extremely complex, so it is recommended that you discuss your particular circumstances with an experienced lawyer from our firm who can determine if you may have a case. He or she can also assess which of the following legal theories may apply to your particular situation:
Strict liability holds product manufacturers, designers and sellers responsible for the damages that were incurred because of a defective product so long as certain criteria are met. If strict liability applies, you do not have to prove that the manufacturer was negligent.
Your lawyer must be able to establish the following:
- The tire contained an unreasonably dangerous defect that injured you
- You used the tire in the way it was intended to be used when you were injured
- You did not substantially change the tire from its original condition after you purchased it
- You made the claim against a manufacturer who regularly sells tires and sold the tire in question
A negligence action alleges that a person or entity acted in a careless manner that caused harm and could be held legally liable for the resulting damages. You must be able to prove the following four legal elements to make a substantiated claim of negligence:
- Duty of care – The other party owed you a duty of care, such as a tire manufacturer being legally bound to only sell products that were safe and free from defects.
- Breach of duty of care – The other party breached the duty of care by failing to act as a reasonable person would under similar circumstances, such as a seller failing to warn consumers of a known defect in the tire.
- Causation – The other party’s actions directly caused your injury. For example, a tire manufacturer may have used old materials that resulted in a defect and an accident.
- Damages – You suffered damages because of the other party’s actions, such as property damage or expenses for medical treatment.
A Tempe defective tire lawyer can review your claim during a free consultation to determine if one of the legal theories above may apply. If we find you have a valid case, we are prepared to conduct a detailed investigation into your claim, gather evidence necessary to determine liability and calculate your damages.
Learn more about your legal options through a free consultation. 1-800-706-3000.
What is My Case Worth?
The types of damages you can pursue, as well as their value, will depend on your specific situation. You may be eligible to recover both economic and non-economic damages.
Economic damages are usually able to be quantified, such as:
- Medical expenses, including hospital bills, emergency care, ongoing treatment, medication and medical supplies
- Lost wages and lost earning capacity
- Property damage
Non-economic damages are more difficult to quantify and include:
- Pain and suffering
- Emotional distress
- Loss of consortium
- Loss of quality of life
If our firm decides to take your case, we can discuss the various forms of compensation that may be available to you and provide you with an estimate of the value of your claim.
How Much Time Do I Have to File a Claim?
In most defective tire cases, you generally must file within two years from the date of the injury. This is in accordance with Arizona Revised Statutes §12-551. If you fail to file before the applicable deadline passes, your case may be dismissed and you will be unable to seek compensation for your damages.
However, each case is different, so there may be certain exceptions to this rule that can make the deadline shorter or longer. Our legal team at Phillips Law Group can help determine the deadline that applies in your particular situation and ensure that all necessary legal paperwork is filed accurately if we represent you.
Types and Causes of Tire Defects
Tire defects can be caused by problems with the design or during the manufacturing process. Some of the most common types and causes of tire defects include:
The tire’s tread is an integral part of it operating safely since it allows the tire to maintain contact with the road. If the tread starts to separate, it can cause a rollover accident. Tire tread separation commonly occurs when an older tire is driven at a fast speed. However, there are also instances of tire tread separating from new tires at slower speeds. These situations are often caused by:
- Using rubber that is too old or dry
- Curing moisture into the tire
- Not paying attention to warning signs during the final inspection
Tread separation reduces drivers’ ability to control their vehicles, increasing the likelihood of an accident, especially when the tire problem is on a rear tire and the driver is traveling at a high rate of speed.
Tire blowouts can occur when there is too much pressure. When the tire blows out, the driver may be unable to control the vehicle and may crash into another vehicle or a stationary object.
Tire blowouts are commonly caused by:
- Tire manufacturing defects
- Defects in design
- Tread separation
- A rapid loss of air pressure
There may be ways that you can minimize the possibility of a tire blowout or other tire failure from occurring. Look for problems with the tires once a month and replace tires that show:
- Cracking in the sidewall
- Uneven tread wear
- Excessive vibration while driving
Tires that are old are susceptible to defects because the chemical ingredients used in rubber deteriorate over time. If a manufacturer produces tires and allows them to stay in a warehouse for years at a time before finally distributing them, consumers may unknowingly purchase old tires they believe to be new.
If you or your loved one was injured in an accident involving any of these tire problems, contact our licensed Tempe defective tire attorneys for a free, no-obligation consultation.
Recent Tire Recalls
Many manufacturers have recalled tires over the last few years due to defects that were discovered after they were sold. Some of the most popular brands include:
Have questions about the legal process? Call 1-800-706-3000.
What to Do After a Tire Blowout
Try to stay calm and keep control of your vehicle. Pull in the direction of the blown tire and avoid slamming on the brakes. Get to a safe spot to try to change your tire. Turn your hazard lights on so other drivers will be aware of the situation.
Try to document the scene by:
- Keeping all pieces of evidence, including the tire, tread and rim
- Taking pictures of your vehicle, the tire and your injuries
- Writing down the names of any witnesses and their contact information
It is also important to seek medical treatment as soon as possible after your injury. Once you have been seen by a doctor and given a treatment plan, we recommend that you contact our lawyers to discuss your claim.
Call A Tempe Defective Tire Lawyer To Learn More
If you were injured or suffered property damage caused by a defective tire, seeking legal representation is an important step in the recovery process. A Tempe defective product lawyer from our firm is prepared to calculate an accurate value of your claim and fight for fair compensation for you.
We provide 100 percent free consultations at no risk or obligation to you. There are no upfront fees or out-of-pocket costs for our legal services and we only get paid if you recover compensation. You can reach us anytime, day or night, by phone or online.
Our office is located less than 20 minutes from the Purcell Tire and Service Center in Tempe.