Annapolis, MD asked in Car Accidents for Maryland

Q: A driver side-swiped me and I'm trying to get him to pay my medical bills but he's claiming it wasn't his fault because

his tires are defective. If the court decides this is true, do I have to then sue the tire manufacturer?

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2 Lawyer Answers
Eric Todd Kirk
Eric Todd Kirk
Answered
  • Personal Injury Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: If he's successful in the defense, you may have a claim. It would be important to preserve the tires so that you can have them examined by an appropriate expert to prove an defect. You should likely promptly consult with an experienced personal injury attorney.

Paul D'Amore
Paul D'Amore
Answered
  • Personal Injury Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: Short answer- No, you do not have to sue the tire company. Long answer is a bit more complicated. Your first action should be to consult an attorney. The attorney's first action should be to try to obtain adequate compensation from the other driver for you. Then you are done. This could be easy, cheap and fast. Suing product manufacturers is expensive, time consuming, and slow. You should only consider it if you can't get enough money from the other driver (because he has too little or no insurance) or if there truly evidence of tire defect as the cause the accident. Even then, it's better to just sue the other driver and let him add the tire company as part of his defense. Then his legal team has to spend the time, effort and money it will take to prove a defective products case. Again - these things are never simple. Your best best bet is to contact a lawyer. Good luck.

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