Filing a Claim for an Accident Caused by High or Low Tire Pressure
Posted on behalf of Lynch Law Firm on March 28, 2022 in Car Accidents News
Under or over inflated tires can be hazardous for many reasons, including making steering and stopping more difficult or increasing the risk of a tire blowout. If a driver loses control of his or her vehicle due to negligent tire pressure and crashes into you, you may be eligible for compensation for your damages.
Speak to our knowledgeable New Jersey auto accident attorneys as soon as possible to learn more about what legal options may be available to you when pursuing compensation for your medical bills, lost wages and other damages.
The consultation is free and there are no upfront fees.
Who May Be Liable for Accidents Caused by Improper Tire Pressure?
When filing a claim for compensation for an accident caused by under or over inflated tires, who the negligent party is matters, but first it is important to determine whether the tire pressure in a vehicle was a result of negligence.
A party acting negligently means there must first exist a duty of care to the party who suffered damages. In the case of an accident caused by poor tire pressure, negligence could fall to one or more parties.
Vehicle Owner or Driver of the Vehicle
In most cases, either the owner or the driver of a vehicle with improper tire pressure would be the liable party. Generally, the owner and driver of a vehicle are one and the same, but there are cases of borrowed vehicles being involved in accidents. When this happens, liability for damages would fall to the owner.
People have a duty of care to others on the road to keep their vehicles in safe and proper working order to avoid causing harm to anyone else. This includes having the proper amount of air in the tires. In recent years, vehicle manufacturers have added more technology to help detect when the tire pressure in a car is low. There are also guides in the vehicle to ensure drivers do not overinflate their tires either.
A driver who failed to adjust tire pressure even though the tire pressure light was on could be liable if an under or overinflated tire contributes to an accident.
Vehicle Repair Shop
Most people have some of the necessary tools at home to deal with improper tire pressure, and those who do not may easily have access to a gas station with an air pressure machine.
However, there are some drivers who choose to take their vehicles into a repair shop to see if there is more than just a tire pressure issue that needs to be addressed by a professional.
If tire pressure is an obvious issue and the vehicle repair shop where you take your car into for maintenance does not fix the problem or alert you to it, and an accident occurs because of it, that repair shop could be liable for damages caused in the crash.
In some very rare cases, the manufacturer of either the tires on a vehicle or the vehicle itself could be held liable for damages.
The manufacturer of the tires could be liable if there is some defect preventing the tires from getting to a proper tire pressure. For example, a tear in the rubber of the tire or a defect in the valve that keeps air from escaping could result in improper tire pressure.
The vehicle manufacturer could be liable if there is an issue with the tire pressure censor that fails to notify the driver if the pressure in the tires is at a hazardous level. Vehicles are also required to have a sticker in the door panel or a section of the owner’s manual listing the appropriate amount of air to put in the front and rear tires. If a vehicle does not have this due to manufacturer error, it could be considered negligence.
Proving Liability for an Improper Tire Pressure Accident
To prove who is liable for your damages after an accident caused by tire pressure, you need to gather the evidence necessary to help build a strong case.
For example, a driver whose tire pressure light had been on for weeks and did nothing to correct the issue could be proven liable for damages. Your lawyer may need to access the vehicle’s black box as it may show if there were any warning lights on in the vehicle prior to the accident and for how long.
As for vehicle repair shop or manufacturer liability, gathering evidence to prove their liability may be more complex. That is why you should strongly consider hiring a lawyer.
Schedule a Free Consultation. Call Us Today
Negligent tire pressure accident claims may be complicated due to the difficulties in gathering evidence to prove the claim. Fortunately, our attorneys have resources that may help you build a strong case for compensation.
Our attorneys are prepared to fight for your right to pursue the compensation you need for medical bills, lost wages and other damages.
We offer a free consultation and charge you nothing while we work on your case. There are no fees unless we win.
Call (800) 518-0508 to schedule a free consultation.