Prior to filing a lawsuit against both the tire manufacturer and the business that sold you the tires, it may be possible to settle the case with their insurance carriers.
Since you did not mention any injuries from the accident, I assume there weren't any and that your claim would be only property damage for the loss of your truck.
If the case is settled with both the insurance carriers for the tire manufacturer and tire seller, NO lawsuit is filed.
If you are dissatisfied with settlement offers from those insurance carriers for the loss of your truck, reject the settlement offers and file a lawsuit for negligence and strict liability.
Negligence on the part of the manufacturer is the failure to exercise due care to produce a product that is not defective.
Strict liability imposes liability whether or not due care was exercised.
The business that sold you the tires is liable even if it could not have known the tires were defective. Negligence on the part of the seller is the failure to exercise due care (that degree of care that a reasonable tire seller would have exercised under the same or similar circumstances to prevent foreseeable harm). Strict liability again imposes liability whether or not due care was exercised.
If the case is settled with one, but not both parties, (manufacturer and seller) only name the party with whom the case has not settled as a defendant in your lawsuit.
Negligence and strict liability are separate causes of action (claims) in your lawsuit.
If the case is NOT settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you go to AttorneyPages.com
and retain an attorney to represent you.