What are the legal options for someone who was injured due to a tire failure?
In North Carolina, someone who has been injured due to a tire failure is entitled to certain legal remedies under the state’s tire failure law. Depending on the circumstances of the accident, the injured party may be able to pursue a legal claim against the tire manufacturer if it is found that the tire was defectively manufactured or designed. The injured party can also seek damages from the person who owned or operated the car with the faulty tire. In North Carolina, a tire failure lawsuit must be filed within three years of the accident date. Such a lawsuit must establish that the tire was defective or that the person who owned or operated the vehicle failed to take reasonable care in inspecting and maintaining the tire. If the lawsuit is successful, the injured person can recover compensation for medical expenses, lost wages, and pain and suffering caused by the accident. The injured party may also be able to pursue a negligence claim against the owner or operator of the vehicle, if it can be proved that he/she was negligent in failing to properly inspect or maintain the tire before driving with it. Negligence claims are time-sensitive and must be filed within three years of the accident in most cases. In some cases, the injured person may be able to recover punitive damages from the tire manufacturer if it can be established that the company knowingly manufactured or distributed defective tires. Punitive damages are designed to punish the defendant and to deter others from similar behavior, and can be much higher than ordinary damages. It is important to speak with an experienced legal professional if you have been injured due to a tire failure in North Carolina in order to understand the legal options available to you.
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