Frequently Asked Questions
If you have been injured in an accident due to damaged or defective tires, or a loved one has been hurt or killed, then you have a right to receive fair compensation to cover the damages. Learn more about Willis Law Firm: Who we are, what we do and the cases we’ll represent.
1. In a rollover accident, can I file a lawsuit against both the manufacturer of the vehicle and the tire maker?
Yes, a lawsuit may be filed against the vehicle manufacturer and the tire maker simultaneously. In a rollover accident with a tire blowout or tread separation, there may be a case against the tire maker, tire dealer, tire repair shop and even the vehicle manufacturer for defective seatbelts, airbag failure, unstable or otherwise rollover-prone design, door latch failures and weak roof pillars and supports that crush during the rollover accident. There are numerous factors that must be considered in any crashworthiness claim against the vehicle or tire manufacturer.
2. If an old tire that I recently bought had a blowout or failure, can I sue the used tire shop or tire maker that sold me the bad tire?
Yes. Often, tire shops sell old tires with good tread as new or certified road worthy. Under the pressure and high temperatures of highway speeds, the tire can have a blowout or fall apart, which may cause a serious accident or rollover. If the shop did sell an older tire as new, or sold a defective, worn out or recalled tire, then they may be held negligent.
3. Do I have a case if no one was injured and only my car has sustained damage?
If you only have a property damage case, then we cannot help. Building a strong case against a tire or vehicle manufacturer may require accident reconstruction, lab tests and depositions of experts, all of which can be very costly. Typically, the cost of having the tire inspected by one of our tire experts is more that the total value of the property damage, which limits options when pursuing legal action. However, our law firm does handle product liability cases that involve serious injuries or a wrongful death, and we front all expenses. No fees or expenses are charged unless we get our client a recovery.
4. Can I sue the used car dealer that sold me an old tire or a defective tire that failed?
If an auto dealer sold you a used car with a defective or recalled tire, and that tire caused your accident or rollover, then yes. You may have a case to seek payment for the injuries and losses you have suffered.
5. Does the auto dealership, or oil change service center, owe me information about the condition of or possible hazards with my tires?
Many oil change shops advertise that they check and fill your tires with each oil change. In many cases, they may be considered negligent for not informing the customer of visible tire problems that they notice while performing maintenance, inspection or service of the vehicle and tires. They should not perform a duty unless they do it correctly.
6. What if I don't know the brand of the tire that caused the accident?
That’s ok! Most of our clients don’t know the brand name of the tires involved in the accident. Sometimes we can tell from accident photos or the police report, which may mention the tire size and model, too. The only way to be certain, however, is when we begin to collect evidence. Our investigator will locate the vehicle and take pictures of the DOT number, tire model and size.
7. Can your firm still assist me if my accident was caused by another car defect (not a tire defect)?
Yes, our law firm handles car accidents, truck accidents, SUV and truck rollovers, motorcycle accidents, 18 wheeler accidents and vehicle accidents, including product liability cases involving rollovers, roof crush, defective seatbelts, airbag failures, seatback failures and other defective products that may have caused the accident or injury.
8. What if I don’t have the vehicle or the tire, can I still file a claim?
Yes, we assist in finding the vehicle, tire and tire pieces. Shortly after the accident, the insurance company may keep the vehicle in a storage lot, but it may also be at a private tow yard, under police custody or be sold at an auction as salvage. We will help track down the vehicle and get the parts identified and preserved for evidence.
9. If the law firm accepts my case, what happens next?
If we accept your case, the first thing we do is work on securing the vehicle and moving it to our locked warehouse for safekeeping. It is your most important form of evidence, and must be preserved. We then hire tire and vehicle experts to inspect the products and help build a strong case. There are filing deadlines that vary from state to state called the statute of limitations. Our law firm will file a lawsuit within these guidelines to protect your cause of action. Once a suit has been filed, we will start the discovery process, which includes taking depositions and gathering the needed evidence before the case is set for trial.
10. How long has attorney David Willis been handling defect tire cases?
David Willis has been handling tire defect cases for over 30 years. As a former attorney on the Supreme Court of Texas, David Willis has extensive experience in dealing with complex product liability cases. Mr. Willis has represented clients in one of the most important tire defect and tire recall cases in the United States, the Jackson v. Ford & Firestone. The evidence uncovered in that case helped NHTSA order the recall of over 8 million Firestone tires and expose the Ford Explorer’s rollover problems. Attorney David Willis was awarded the Steven J. Sharp Award, a prestigious national service award for his help in this landmark tire recall. Mr. Willis has alsobeen involved in helping to remove millions of defective products from the consumer market, including many explosive tire inflator products responsible for killing and seriously injuring people across the nation. If you have been injured due to a tire failure or accident, then call us for a Free No Fee Consultation at 1-800-883-9858.
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