We’ve all seen them on the highways and interstates: strips of rubber left on the road when a transfer truck has had a tire failure usually referred to as a “blowout.” These can be dangerous and cause accidents.
Drive with bad tires are really dangerous. However, the blowout itself, be it on a truck or a car can also be one of the most common causes of car wrecks. You don’t need to be a distracted driver or traveling in horrible weather; these tire failures can cause even some of the most seasoned drivers to veer out of their lane and into another vehicle. That is why it is so important to make sure that your tires (and the rest of your vehicle) are in top condition. Here are some of the warning signs of defective tires and what you should look out for as you get out on the road. Also, you can take the help of a lawyer if you involved in this type of case.
There are several things that you need to look for on your tires when it comes to blowout warning signs. It’s a good idea to check your tires regularly, once a week if possible, once a month at least. So what should you be on the lookout for? Here are a few things:
Can New Tires be Defective?
Sometimes, you can do all of the maintenance and preemptive inspections yet still wind up with a blowout because the tires were defective, to begin with. Almost every major manufacturer of tires has had a recall at some point because of defective tires. In fact, Firestone recalled over 6 million tires in 2000 because of links to possibly fatal SUV crashes. Unfortunately, there is not an easy way to tell if you have a defective tire until it is too late. When you are driving at a high rate of speed and experience a blowout, the tire pieces may actually wrap around the car’s wheel. This will cause the driver to lose control and veer into another lane of traffic, possibly leading to a high-speed collision. In other cases, the car may flip over and roll. Such an accident can lead to serious injury including brain injury or even death. If you involved in this type of case call a Fort Lauderdale car accident lawyer for legal help.
Who Is Responsible for a Car Accident Caused by a Defective Tire?
A car accident caused by a defective tire falls into the category of a product liability case. In this type of case, you may be able to bring a claim against multiple parties who were involved in the make and manufacture of the tire, such as:
- The company that designed the tire
- The company that manufactured the tire
- The company that distributed the tire
- The company that marketed the tire
- The retailer that sold you the tire
- The auto repair shop or dealership that put the tire on your vehicle
In some cases, you may be able to bring a claim against multiple parties in this chain of production. A car accident lawyer from Law Offices of Wolf & Pravato can help you figure out which parties you should include in your lawsuit.
To learn more about your rights in a free case review with a member of our team, call Law Offices of Wolf & Pravato now at (954) 633-8270.
Evidence That May Be Used in a Defective Tire Case
A tire can be defective for a variety of reasons, including:
- Unsafe or dangerous design
- Failure to pass safety inspections
- Improper storage
- Improper installation
There may be other defects that affected your tires. This type of claim often requires an in-depth investigation to get to the bottom of what happened. It is often important to gather as much evidence as possible in this type of case, including:
- Reports of other issues with the brand and model of the tire
- Consultations with expert witnesses who can testify about the tire’s safety
- Photographs of the tire and the scene of the accident
A car accident lawyer in Fort Myers or elsewhere in Florida from the Law Offices of Wolf & Pravato can collect evidence such as this in your case.
Liability for an Accident Caused by a Defective Tire
In a product liability lawsuit, there are a few different ways that you can prove liability:
- Dangerous Design: you must show that the tire was designed in an unreasonably dangerous manner.
- Manufacturing Defect: you must show that an error was made during the manufacturing process that rendered the tire unreasonably dangerous
- Inadequate Warnings: you must show that the tire did not come with reasonable warnings about how to use it safely
- Breach of Warranty: you must show that the tire did not perform according to your reasonable expectations
In some situations, the defendants may try to argue that you are responsible because you did not maintain adequate tire pressure or that debris on the road caused a puncture.
It is important to be prepared to respond to these defenses and to gather as much evidence as possible to support your claim. This is where a car accident lawyer can help you protect your legal rights and make sure that you are treated fairly during the legal process.
Protecting Your Rights After a Defective Tire Accident
A defective tire can lead to devastating injuries. If your tire blows out on the highway or goes flat when you are merging onto the highway, it can put you in an incredibly dangerous situation. Defective tire accidents often happen suddenly and without warning, making it a traumatic experience for those involved.
If you hit another vehicle when your tire fails, they may think that you are to blame for the accident and take legal action against you. This makes it incredibly important to prove that the parties who designed, made, distributed, and sold the tire are ultimately responsible for everyone’s injuries.
Injuries from a car accident can be severe and expensive, too. A few examples include:
- Traumatic brain injuries
- Broken bones or fractures
- Disfigurement and scarring
- Severe bruising
- Chronic pain and nerve damage
- Emotional trauma
This is not a complete list. There may be other damages that you are dealing with after the crash.
It is important to see a doctor as soon as possible to create a record of your injuries and to make sure you receive the treatment that you need. You should also keep records of your expenses so that you can claim them in a potential lawsuit.
USA Consumer Advisory: Motorists Should Check Tires in Hot Weather To Improve Safety
In a consumer advisory, the U.S. Department of Transportation urged all motorists to inspect their tires for proper inflation and signs of tread wear and damage before driving in hot weather.
“As the weather warms up, it’s especially important for drivers to ensure their tires are properly inflated,” Secretary Ray LaHood said. “For your safety and the safety of others on the road, inspect your tires regularly, and maintain the proper inflation.”
The latest data from the Department’s National Highway Traffic Safety Administration show that over the five-year period from 2005 to 2009, nearly 3,400 people died, and an estimated 116,000 were injured, in tire-related crashes.
Maintained Tires Reduce The Chances of Crash According to NHTSA
“While it’s true improperly maintained tires can contribute to a crash at any time of year, it is particularly critical for motorists to check tires during hot weather, when families and luggage often overload vehicles for long vacation trips,” NHTSA Administrator David Strickland warned. “Underinflated tires spinning on hot asphalt for extended periods of time can be a recipe for disaster.”
What is the main cause of tire failure?
The Department urges motorists to check their tire pressure before long trips and to inspect tires periodically. Motorists should also be aware that aging tires and hot weather can be a potentially deadly combination, as older tires are more susceptible to heat stress, especially if they are not properly inflated. Motorists should check the tire sidewall to see how old their tires are and to check with the tire manufacturer or the vehicle owner’s manual for recommendations on how often to change tires.
According to the Department of Energy’s fueleconomy.gov, Inflated Tires Save a Vehicle Fuel
Properly inflated tires will also improve a vehicle’s fuel economy and help stretch the family dollar at the gas station. According to the Department of Energy’s fueleconomy.gov Website, under-inflated tires can lower gas mileage by 0.3 percent for every 1 PSI (pound per square inch) drop in pressure of all four tires.
For example, for a vehicle with a fuel-economy rating of 30 miles per gallon and a 35 PSI tire pressure recommendation, a drop of 25 percent in tire pressure would equate to a loss of 8.8 percent in fuel economy or a drop of 2.6 miles per gallon.
For more information on tire safety, go to NHTSA’s safety website www.safercar.gov.
If you or a loved one has suffered a loss as a result of a tired defect or tread separation, contact the trial team at the Law Offices of Wolf & Pravato, P.A. We are experienced Fort Lauderdale tire defect attorneys and we have the resources to ensure that every claim receives just compensation.