It’s possible. Depending on your circumstances, you may be assigned all of the liability for a car accident caused by a nail in your tire, or you could share responsibility with the other driver or even a party that wasn’t on hand when the accident occurred.
Here are a few factors that can affect liability in your case:
- You knew about the defect. If knew there was a nail or other defect in your tire, you should have waited until it was fixed to drive your vehicle. The only exception to this is if you were on your way to get your tire fixed when the accident occurred.
- You should have known there was a problem. Unlike the complex machinery under the hood, a problem with a tire is generally visible to a layman. If you were driving on damaged, bald, or punctured tires, a court may find that you should have known there was a problem (even if you did not notice).
- Your mechanic knew. If your car recently had service and your mechanic failed to notice the nail in the tire, he could be held liable for the accident. Similarly, if a tire specialist removed a nail and patched the hole and the repair failed to hold, the specialist can be held responsible. Ultimately, third-party liability must be reasonably proven before a jury will hold someone else liable for a defective tire on your car.
- A retailer was aware of the puncture. If you bought a used car and the tires were part of the package, a retailer could be held liable for not inspecting or replacing the tires before selling the vehicle to you.
In order find out who can be held liable for your car crash case, call us at (888) 348-2616 to speak to an attorney, or order our free accident guide, Don't Wreck Your Injury Claim! 10 Rules of the Road to Win Your Accident Case in Kansas & Missouri.