Category: Car Accidents

Driverless Cars

The era of the driverless car is upon us and commutes from suburb cities like Kennesaw and Marietta to Atlanta will likely see some interesting changes. This technology could revolutionize the way we get around by removing the work of driving. What’s more, this technology has the potential to greatly reduce accidents by taking out the human-error component. Benefits aside, driverless cars present some fascinating legal implications.

The law must grapple with the policy of permitting and licensing these cars. For the most part, the trend around the country is that states are increasingly receptive to allowing driverless cars on the road. There is also the question of fault in the event of an accident. At what point are errors by a driverless car the fault of the operator? In other words, when a driverless car does something wrong, is it the fault of the car manufacturer or the person sitting inside?

Driverless Car Legislation

Only five states have passed comprehensive driverless car legislation. However, dozens of other states are considering such legislation, and it is only a matter of time before driverless cars are regulated across the country by a patchwork of state laws. In Georgia, Senate Bill 54 is currently being considered. This bill states that driverless cars must:

Have an easy mechanism to give the operator control at any time
Clearly indicate when the vehicle is operating in autonomous mode
Can alert the operator if a technology failure is detected while the vehicle is operating autonomously
Be capable of being operated in compliance with the uniform rules of the road

Driverless Cars and Accident Law

In March, 2017, a news article reported that a self-driving car used by Uber got in an accident in Arizona. Driverless cars may operate with computer-precision, but the people on the road can be erratic. As the article reported, “How machines respond to those behaviors, and whether they also engage in them, is something engineers still have to sort out.”

Determining accident fault is also something that needs to be sorted out. In the Arizona accident, the Uber car was at fault when it was on autopilot. It is possible that accident claims like this are best made against the manufacturer and designer of a car, perhaps as a product liability claim. However, it is also the case that the people riding in these cars maintain the ultimate control and could still bear responsibility. So what happens if you get in an accident in Georgia with a driverless car? It is uncharted territory, but if you find yourself in such an accident, you should contact an experienced personal injury attorney to figure out how to best proceed with your claim.

Assuming driverless cars decrease accidents, we should also expect insurance rates to plummet. An increase in driverless cars could also popularize no-fault insurance, in which an insurer pays without considering fault. These are just a few of the legal and policy issues that the use of driverless cars poses.

If you would like more information about the legal impact of driverless cars in Georgia, contact Williams Elleby Howard & Easter, at 833-LEGALGA today.

Punitive Damages in Georgia

Punitive Damages in Georgia

Some of the largest verdicts in Georgia involved a jury punishing egregious conduct by a defendant with a verdict that includes punitive damages. These damages compel the defendant to pay more than he would have to pay under normal circumstances. For tort claims, Georgia law provides three categories of payment: general damages, special damages, and punitive damages.

General damages include pain and suffering, while special damages include medical expenses and lost wages. Regarding punitive damages, the Georgia Code provides: “Punitive damages may be awarded only in such tort actions in which it is proven by clear and convincing evidence that the defendant’s actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences…Punitive damages shall be awarded not as compensation to a plaintiff but solely to punish, penalize, or deter a defendant.” In other words, for a plaintiff to recover punitive damages, the plaintiff must demonstrate to a judge or jury that such damages, which act as a punishment, are appropriate.

The average motor vehicle accident wherein the plaintiff alleges negligence is usually not eligible for punitive damages. Circumstances that have a higher probability of punitive damages are a hit and run, drunk driving, road rage, and intentionally harming someone with a motor vehicle.

Procedure to Attain Punitive Damages

There is a specific procedure to obtain punitive damages in Georgia. First, a plaintiff must specifically ask for punitive damages from the defendant in the Complaint. Next, a jury must hear arguments that punitive damages are appropriate. As mentioned from the Georgia Code, the plaintiff must demonstrate by clear and convincing evidence that the defendant’s actions consisted of willful misconduct, malice, fraud, wantonness, or the like. Finally, provided that the jury agrees that punitive damages are proper, the jury would convene, at a second portion of the trial, to determine the amount of payment for punitive damages.

Note that the standard is clear and convincing evidence, not preponderance of the evidence. Although the plaintiff can prevail at the trial by showing it is more likely than not the Defendant was negligent, an award of punitive damages requires the plaintiff to demonstrate appropriateness by a clear and convincing standard.

Punitive Damages against the Government

If the government – be it the state, county or municipal government – is a defendant in the lawsuit, then the plaintiff cannot recover punitive damages as Georgia law excludes the government from such damages. Therefore, if there is a motor vehicle accident involving a private citizen and a government owned vehicle, the private citizen cannot obtain punitive damages. This applies even if the plaintiff demonstrates that the defendant government engaged in willful misconduct by clear and convincing evidence.

However, a government employee can be liable for punitive damages if the plaintiff demonstrates that such is appropriate by clear and convincing evidence.

Contact us

If you’ve suffered an injury due to a car accident, contact the personal injury law firm of Williams Elleby Howard & Easter, a Cobb County, Georgia law firm who fights for injury victims. If you have questions or would like to discuss your case, please call our office today at 833 – LEGALGA for a free consultation.

Underinsured Motorist Coverage in Georgia

Underinsured Motorist Coverage in Georgia

Every driver in the state of Georgia is required to carry minimal amounts of liability automobile insurance. This requirement ensures that coverage will apply if there is an accident that causes bodily injury or property damage. In Georgia, you look to the other driver’s insurance company to help you deal with your losses associated with the crash.

What happens if the at-fault driver does not have auto insurance or does not have enough coverage to address your injuries fully? Thankfully, there are coverage options in Georgia to help you deal with these situations. Underinsured motorist coverage addresses problems associated with having substantial losses, but there is typically not enough insurance coverage to completely compensate you.

Minimum Amounts of Insurance Coverage in Georgia

Drivers are required to carry certain types of insurance with a minimum dollar amount of coverage. The coverage includes:

$25,000 per individual for injuries to the body
$50,000 per accident for injuries to the body
$25,000 per accident for property damage

In serious accidents, these coverage amounts may dissipate quickly. Medical bills can easily climb above these limits when victims must use ambulance services and emergency care. Individuals can elect to carry more coverage, but people often do not. In fact, approximately 10% of Georgia drivers do not have insurance at all.

Underinsured and Uninsured Coverage Options

Insurance companies that operate in Georgia are required to offer you uninsured and underinsured (UM/UIM) purchase options. In fact, it is often part of your overarching insurance policy. In many situations, you may have this type of coverage without realizing it. This is because you often must reject these coverage options in writing to remove them from your insurance policy. Check the declarations page of your insurance policy to determine whether you have this type of coverage.

If your policy includes underinsured or uninsured benefits, it will often apply to your spouse and children or stepchildren residing in your household. It will also usually cover anyone who is using your vehicle with your consent and passengers riding in your insured vehicle. However, these general rules may not apply to your specific situation, so it is important to review your policy language to determine the extent of your coverage after an automobile collision.

Add-on and Difference in Limits Underinsurance Coverage

There are two types of underinsured policies in Georgia. The first is called “difference in limits”. In this more traditional kind of policy, the amount of coverage available to you through your underinsurance coverage may not be as straightforward as you might think. Your underinsurance coverage will only apply to the extent of your policy, regardless of how much the at-fault driver has paid. For example, imagine you have an underinsurance policy of $100,000. The at-fault driver has $25,000 in bodily injury coverage. You would take your total amount of coverage and subtract the at-fault driver’s coverage, so you will only be able to receive $75,000 from your insurance company for underinsurance benefits. Under this type of coverage, you never receive more in total than your underinsurance coverage provides.

“Add-on” policies, on the other hand, disregard the other driver’s insurance coverage and add on any coverage for your policy to the other driver’s policy. In the above example, you would have a total of $125,000 in coverage–$25,000 from the other driver and $100,000 from your insurance policy.

Determining how to interpret your insurance policy or which coverage you should get can be tricky. If you have questions about your insurance or if you are having trouble dealing with an insurance company after an accident, call the car accident attorneys at Williams Elleby Howard & Easter for help at 833 – LEGALGA.

Proving Fault in Cyclist-Auto Accidents

Proving Fault in Cyclist-Auto Accidents

When cyclists and automobiles collide, establishing fault can often be a complicated question. Under Georgia law, proving negligence requires showing that the defendant had a legal duty, that they breached this duty, and that the breach caused the plaintiff’s harm.

Breach of Duty

Cyclists and auto drivers owe reciprocal duties of care to each other on the road. Therefore, the existence of a duty is presumed in all cyclist-auto accidents, and the plaintiff must prove that this duty was breached. In many cases whether a duty was breached depends on whether the defendant acted reasonably under the circumstances. This is a question of fact for the court to consider based on the evidence and the witness testimony. By far, the easiest way to prove that a duty was breached is to show that the defendant broke a rule of the road. If this is shown, negligence per se is established.

Negligence Per Se

In Georgia, breaking a traffic law creates a presumption of negligence. As the Georgia Court of Appeals put it, “A violation of the Uniform Rules of the Road prima facie establishes negligence per se in the absence of a valid defense.” In plain English, this means that if a person breaks a traffic law, they will automatically be considered negligent in court unless they can prove that they had some valid reason for doing so. It is therefore important to be aware of the rules of the road, whether you are a cyclist or a driver, and to always try your best to adhere to them.

Bicycles are considered “vehicles” under Georgia law and therefore must generally follow the same rules of the road as automobiles. There are also some specific provisions that apply to cyclists. In 2011, Georgia passed the “Better Bicycling Bill.” Some key mandates of this law are:

Drivers must give 3 feet of distance when passing cyclists.
Cyclists have the right of way when traveling in bike lanes.
Cyclists must ride in the same direction as traffic.
Cyclists can only move into lanes of traffic when the bike lane or shoulder is obstructed or hazardous, or when they are turning left.

And, of course, committing a DUI can also create negligence per se. This is true for both drivers and cyclists (yes, drunk cycling is illegal too). Violating any of these laws, or any other traffic laws, would constitute negligence per se if doing so caused an accident.

Causation

Causation is usually an issue when it comes to proving damages. For instance, if a plaintiff had preexisting back pain, it may be difficult for them to prove that their back pain was caused by the accident. But, causation is also important when it comes to establishing fault. When a rule of the road is broken, people often erroneously assume that this means there will be an open and shut case against them. But, breaking a rule of the road is negligence per se only if doing so was the cause of the accident.

Contact Kennesaw Car Accident Attorney Joel Williams Today

Dealing with a personal injury due to an accident is stressful. Relying on an experienced personal injury attorney to handle your legal claim and get you the compensation you deserve can make it easier. If you have been involved in an accident, call Williams Elleby Howard & Easter, at 833 – LEGALGA for a free consultation.

Proving Fault in a Kennesaw, Georgia Auto Accident Case

Proving Fault in a Kennesaw, Georgia Auto Accident

According to the Georgia Department of Transportation, there were 1,564 fatalities on Georgia’s roadways in 2016, more than the anticipated targeted number of 1,130 as noted on the Georgia Highway Safety website. With millions of drivers on the roads, it is important to be well-prepared in the event that you are involved in an automobile accident.

If you are involved in an accident, determining who is at fault is critical. If the other driver acted negligently or carelessly, he or she may be responsible for the damages. Insurance companies, however, are not always eager to make those payments. Therefore, finding a qualified personal injury attorney like those at Williams Elleby Howard & Easter in Kennesaw who can properly litigate your case is key to getting the most compensation available to you.

Fault vs. No Fault

A majority of states follow a fault-based insurance rule, which means that in the event of a car accident, blame must be assigned to someone. However, in states that follow a no-fault insurance rule, drivers are required to carry no-fault insurance. This means that injured person’s insurance company will cover the cost of the damage, regardless of who caused the accident. Georgia follows a fault-based rule, so the injured person must prove fault in the auto accident in order to recover medical costs and property damages. Drivers can seek compensation in three ways:

through his or her own insurance company,
through the other driver’s insurance company, or
through a personal injury lawsuit.

Proving Fault

According to Georgia Code, an injured party must prove proportional comparative fault. This type of fault assigns a percentage of blame to each driver involved in the accident. If an accident involves more than one party, the proportional comparative fault rule will determine the percentage of fault each party owns. One party may be found fully responsible for the accident, or the drivers may share blame. For example, if one driver ran a stop sign and the other driver was speeding, each driver disobeyed a traffic law and may be found proportionally liable for the accident. In this case each driver may be responsible for his or her own injuries. Note that, based on this rule, if a driver is 50 percent or more at fault for the accident, then he or she cannot be compensated for damages. Only if the driver is found to be less than 50 percent at fault can he or she be entitled to monetary compensation.

Contact Us in Kennesaw, Georgia

If you have been injured in an automobile accident, do not quickly settle with the insurance company. Their goal is to pay you as little as possible and settle the claim as soon as they possibly can. Instead, you should consult with an experienced attorney who specializes in this area of law. Contact Kennesaw, Georgia personal injury lawyers Joel Williams or Chase Elleby at 833 – LEGALGA or stop by their office at 3900 Frey Rd, NW, Suite 104, Kennesaw, GA 30144 near Kennesaw State University for a free consultation.

What Does “Total Loss” Mean?

What Does “Total Loss” Mean?

If you were involved in a car accident, the insurance company might tell you that your vehicle is a “total loss.” This designation sometimes occurs even when it may not seem like the car is completely undrivable. Technically speaking, whether you can drive the vehicle may not have any connection to whether your vehicle is considered a “total loss” or not.

When the insurance company designates your vehicle as “totaled” or a total loss, it can be devastating because the insurance company will not pay for the vehicle repairs. However, they may also not pay for the full amount of what you need to replace your car.

What Constitutes a “Total Loss” in Georgia?

Insurance companies use the designation of “total loss” when the damage to the vehicle would cost more to repair than what the car is worth. These costs are most often associated with older vehicles, but even newer cars involved in serious accidents can be considered “totaled” as well.

Whether a vehicle is a “total loss” will vary depending on the insurance company. If it is not practical to repair the vehicle, even if the repairs would be less than the value of the vehicle, then the car may still be a total loss. Some companies have a standard percentage that they use, which is usually around 75 percent. That is, when the repairs would cost more than 75 percent of the value of the vehicle, then they would consider the car totaled.

What Happens After a Total Loss?

When your vehicle is considered a total loss, you usually have two options. First, your insurance company may provide you with the actual cash value of your vehicle before the accident. They will take your deductible out of this value, however. Second, the insurance company may take ownership of the vehicle, paying you for its value post-collision. You may also be able to repurchase it yourself as well.

These options are only available if you have a policy that covers total losses. Most liability coverages will address total loss, but it is important to review your insurance contract to fully understand your options.

Keep in mind that you still should continue to pay your insurance premiums even after your vehicle is considered a total loss. Moving quickly will allow you to avoid overpaying, however. Be sure to return the license plates as soon as you can after the accident.

Valuing a Vehicle After a Total Loss

Generally, your insurance company will work with a third party to value your vehicle for purposes of either purchasing it or repairing it. The insurance company will usually consider the following factors to evaluate the actual cash value of your car.

Retail value of a similar vehicle
Purchase price of your car
Any improvements you made
Prior unrelated damage

You can dispute the amount if you feel that it is not high enough. You should provide supporting documentation to assert that the actual cash value is greater than what the insurance company has provided. For example, if the third party assessing your vehicle did not consider your aftermarket upgrades, providing information about these updates may be helpful.

If you run into any disputes with your insurance company during this process, it may be beneficial to use the services of an experienced car accident attorney. Call our team at 833 – LEGALGA for more information.

Injury Due to Vehicle Malfunction

Injury Due to Vehicle Malfunction

Most commonly, personal injury suits involving motor vehicles occur when one driver sues another driver for negligently operating a vehicle. The plaintiff alleges that the defendant’s negligent driving caused the accident. There are also personal injury lawsuits where the plaintiff claims that a vehicle malfunction caused a wreck. The cause of the car accident can be due to negligent design of the car or engine or that someone installed a defective or improper part in the vehicle, leading to the accident. A common example is where a mechanic improperly secures tires and a tire falls off while the vehicle is being driven on a roadway.

To successfully sue for vehicle malfunction as the cause of an accident, a plaintiff would need to prove that the defendant was negligent in the design or maintenance of the vehicle.

Elements of Negligence

The Court of Appeals of Georgia outlined the elements for a prima facie case of negligence in the 2002 case Johnson v. American National Red Cross. They are:

Legal duty. The plaintiff must demonstrate that the defendant had an obligation to conform to a standard of conduct that removes the plaintiff from unreasonable risk. Various factors will determine a potential defendant’s standard of conduct. For example, a pharmacy has a duty not to purchase drugs from unlicensed sellers.
Breach of duty. The plaintiff must demonstrate that the defendant’s behavior did not satisfy the standard. In the above example, a plaintiff shows, by obtaining receipts thorough the discovery phase of a trial, that the pharmacy purchased drugs from an unlicensed seller.
Causal connection. The plaintiff must demonstrate that injury was suffered as a result of the defendant’s actions or omissions. This element includes demonstrating both actual and proximate cause. For actual cause, the plaintiff must show that but for the defendant’s actions or omissions, the plaintiff would not have been injured. For proximate cause, the plaintiff must show that the injury was a foreseeable consequence of the defendant’s action or omission.
The plaintiff must show that he or she suffered damages as a result of the defendant’s action or omission.

Determining Liability for a Vehicle Malfunction

When vehicle malfunction is the cause for injury, there are usually three parties who could be at fault for the accident:

The manufacturer. Often, a manufacturer designed the vehicle improperly, which could lead to a malfunction of the vehicle. For example, GM has been sued on many occasions and faced allegations that if negligently designed vehicles with faulty ignition switches that shut off while a vehicle was in motion. Due to the ignition switch shutting off, airbags would not deploy, leading to injury and death.
The mechanic. A mechanic who improperly repairs a car can cause that car to be involved in an accident.
The owner. If someone rents a car that was not well-maintained (e.g. worn out brake pads) and gets into an accident, then the car rental company can be liable for the accident.

Contact us

If you suffered injury due to a car accident, call Kennesaw car accident attorney, Joel Williams, a lawyer who fights for injury victims. If you have questions or would like to discuss your case, please call our office today at 833 – LEGALGA for a free consultation.

Delayed Injuries After an Auto Accident

Delayed Injuries After an Auto Accident

Typically, injuries from an auto accident are immediately apparent. The pain from typical auto accident injuries, such as broken bones, lacerations, and burns, are usually immediately felt. But, sometimes the pain of an injury doesn’t manifest until days or even weeks the accident occurred.

Common “Delayed” Injuries After an Auto Accident

There are some injuries that often don’t develop noticeable symptoms right away. Some common “delayed” injuries include:

Back and neck sprains. Serious back or neck injuries can cause immediate pain. However, it is quite common for some back and neck sprains to go unnoticed for days after an accident especially if the victim has additional traumatic injuries like broken bones in other parts of their body. Yet, despite the fact that these injuries may not be immediately noticed, they can still present a chronic problem that interferes with daily life and shouldn’t be dismissed.
Concussions. The worst symptoms from head injuries may not become apparent for days or even weeks after an accident. Problems sleeping, memory loss, and an inability to concentrate are all common symptoms of a concussion that may not be readily apparent immediately following an accident. Sometimes, concussion victims just feel irritable. If you notice any of these symptoms following an auto accident, seek medical care right away.
Bruising. It can often take a few days for bruises to appear following an accident. Deep injuries to bones may even take a week or more to show up on the surface. Although the underlying pain will be noticeable, the extent of injuries is sometimes not apparent until the bruising occurs.

What You Can Do if an Injury Manifests After an Accident

If your claim hasn’t been settled yet, you can still be compensated for delayed injuries. If you notice pain from a delayed injury, you should notify your insurance company and seek medical care without any further delay. Defendants to car accident claims will often argue that delayed injuries weren’t actually caused by the accident itself. However, the sooner you receive medical care, the less likely this argument will hold up. As long as you can provide medical evidence that the auto accident caused or most likely caused your injury, you should still be able to recover.

Unfortunately, if you have already signed a general release in exchange for a settlement, your claim is extinguished. This means that you cannot attempt to collect additional damages thereafter. Because delayed injuries are quite common, it is important not to rush into agreeing to a settlement following an accident. You should always try to have all of your medical issues documented and accounted for before agreeing to settle.

Contact Williams Elleby Howard & Easter for More Information

The Kennesaw, Georgia attorneys for car wrecks at Williams Elleby Howard & Easter are dedicated to seeking justice for accident victims throughout Georgia. We take cases on a contingency basis meaning that our clients do not pay any attorney fees unless and until we win the case. If you would like additional information regarding this issue, or if you would like to discuss your case, call Williams Elleby Howard & Easter, at 833 – LEGALGA today for your free consultation.

Someone Borrowed My Car and Had an Accident—Now What?

A close-up of a wreck scene showing a teal car that has rear ended a gray SUV.

Someone Borrowed My Car and Had an Accident—Now What?

If you let others, whether it be a friend or loved one, borrow your car and they are involved in an accident, you can still be on the hook for liability. In most cases, car accident victims will include both the driver and the owner of the vehicle in their legal claim. These claims can become complicated, particularly when the person driving your car is considered the “at fault” driver.

From an insurance standpoint, it is usually the car owner’s insurance that will be the first line of defense. This may not seem like a fair result, but ultimately, you are responsible for your vehicle. That means that if you lend it out to someone else, your insurance will still be the first line of defense.

Dealing with Your Damages

If your friend or family member is the one that is at fault for the accident, your insurance will generally cover any damage to your vehicle and the driver’s injuries. You will still have to pay the deductible as required by your policy; however, this general rule only applies if you have collision coverage. Collision coverage is optional in Georgia, so you may not be able to use your own insurance for property damage.

In some situations, though, you may be able to assert a claim against the driver’s insurance if he or she was particularly irresponsible or careless. These claims can be tricky, however, and they do not apply in many situations. You may simply be out of luck for coverage regarding the property damage.

Injuries and Damages to Someone Else

Your insurance company will also be forced to pay for the other driver’s damages and injuries. This falls under your general liability coverage, which is required in the state of Georgia. If your insurance policy does not cover all of the damages because of your coverage limits, the person who was driving your vehicle may use their own insurance to cover the difference (secondary coverage). In this situation, liability insurance “follows the driver,” but the vehicle owner’s insurance limits must be exhausted before the driver’s insurance kicks in.

When you are driving someone else’s vehicle, your insurance will generally be the same as if you were driving your own car. This includes the limitations, exclusions, and other requirements. It also includes the medical portions of coverage and uninsured motorist coverage.

These general rules only apply when you allow someone to borrow your car. If, however, someone uses your car without your permission, the rules are sometimes different depending on your insurance policy language. Nonetheless, coverage may still apply even if you did not give the driver permission, but he or she lives in your household. Read your policy carefully to determine how far coverage extends.

Getting Help After an Accident

You should report all accidents to your insurance company as soon as possible. Your friend or relative should also report the accident, and the two insurance companies will often work out liability issues on their own. However, when the insurance companies cannot work out liability problems you may need the assistance of an attorney to protect your interest. If you find yourself in this unfortunate situation, call the Kennesaw car accident attorneys at Williams Elleby Howard & Easter for a free consultation at 833-LEGALGA.

Car Accidents Caused by Tire-Related Problems

A close-up of a wheel on a a white vehicle with a badly destroyed tire.

Tires do a lot for automobiles. They are often the only thing standing between you and the road, and when they malfunction, it can spell disaster. Tire blowouts are especially dangerous at high speeds. They can lead to severe accidents that can involve more than one vehicle. Who has legal liability when a car crash occurs because of a tire malfunction?

Acting Reasonably Behind the Wheel

Drivers have a duty to drive reasonably and in a way that will not endanger others around them. There are many situations in which you cannot tell that you have problems with your tires or the problems do not arise until after you are on the road. When you suddenly get a flat, it is easy to lose control behind the wheel.

A reasonable person will slow down and get to the side of the road quickly. If you act unreasonably, you can still be liable for the damage you cause, even when the tire problem was sudden and unexpected. Remaining calm and knowing how to handle your car in the event of a blown tire can help you avoid legal liability.

Driver Responsibilities Before Getting on the Road: The Duty to Inspect

Every driver has a duty to other drivers to maintain control of their vehicle and drive responsibly. That obligation actually starts long before you get behind the wheel, however. It starts with an inspection of your vehicle to ensure that it is safe to drive.

A simple walk around your car can often let you know whether you are having trouble with your tires. The law assumes that you will do this type of check because that is what a reasonable driver would do before getting on the road.

You are not required to know a lot about cars to fulfill your duty to inspect your vehicle. Your only real obligation is to spot obvious problems, such as low or flat tires. Failing to pay attention to warning lights may also be unreasonable in some circumstances. It is important to note that the law imposes liability on those who “should have known” about a problem with their vehicle.

Driving with Defective Equipment

Part of the duty to other drivers to drive safely is that you will not operate equipment that could cause harm to others, which often includes defective equipment. If you know that your tire (or any other part of your vehicle) has a dangerous defect, you are obligated not to drive the car until the problem is addressed properly.

When Liability Extends Beyond the Driver

There are situations where the driver may not be the only person or entity at fault for a blown tire. When tires are defectively designed, or manufactured, the manufacturer or retailer may have legal liability for your injuries, or injuries to others, in a tire-related accident.

If a tire is not installed correctly, then the mechanic or another individual that did the installation could be liable too. If, for example, the mechanic put the wrong kind of tire on your car or failed to inflate it properly, that could lead to legal liability.

If you have been involved in an accident due to a tire malfunction, you may have legal options. Contact Williams Elleby Howard & Easter at 833-LEGALGA today to set up an appointment.