Tires are the only part of your vehicle that ever touch the ground. Consequently, tire failure can lead to vehicle instability, rollover accidents, loss of control, and catastrophic injury and death. Unlike many road hazards, defective tires may be impossible to spot until it is too late.
Tire failure and defects have led to several national recalls and numerous injuries and deaths in the United States. In 2000, Congress enacted the Transportation Recall Enhancement, Accountability, and Documentation Act, 49 U.S.C. §§30101-30170 (The “TREAD Act”) as a direct consequence of a Firestone tire recall. The stated purpose of the Act was “to reduce traffic accidents and deaths and injuries resulting from traffic accidents.”
What causes a tire failure?
Tires can break or come apart because of negligence at the design or manufacturing level, because of age, storage, or improper installation – non of which is the fault of the vehicle owner. Additionally, tires can fail because of:
- Tire Age
- Adhesion & Bonding Failures
- Tire Size
- Tread Separation
- Poor Tire Construction
- Improper Tire Mixing
- Improper Placement
- Negligent Installation
- Manufacturing & Design Defects
- Poor Plugs & Patches
What you should do if you have a tire failure.
First, make sure you preserve the vehicle that was involved in the accident and, most importantly, the tire that failed. These items will be needed to investigate the nature and cause of a tire failure and will be critical evidence in a lawsuit if one is filed. If you no longer have possession of your vehicle because it was towed from the accident scene, taken to a repair shop, or released to an insurance company, contact the person or company in possession of your vehicle and request that it be preserved. You should also make sure a police report is completed if possible and gather every record you can regarding the tire, such as purchase receipts, repair records, and sales material.
If you or a loved one were hurt in a vehicle accident due to a tire failure or tire defect, contact Viñas & DeLuca for a free and confidential consultation by calling (305) 372-3650. Or, you can complete our Free Case Evaluation Form and we will contact you.