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?

Related Topics:
2 Lawyer Answers
Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.