There are approximately 33,000 defective tire accidents every year, meaning thousands of consumers are in danger every time they get into an automobile [1]. The National Highway Traffic Safety Administration notes there were 562 fatalities in tire-related crashes in 2022, many of which may have been prevented had there not been a tire defect [2].
If you’ve been injured in a motor vehicle crash caused by tire failure, our tire defect lawyers will ensure the responsible party is held accountable for their negligence.
What is Considered a Tire Defect?
Tire defects are faults in the tire or its installation that make it unreasonably dangerous for consumers.
Tens of thousands of defective products are placed on the market every year, which can result in tragic tire failure accidents. For example, in 2022, Goodyear recalled more than 170,000 tires produced between 1996 and 2003 due to the high risk of sudden tire failure when placed on recreational vehicles [3].
Types of Tire Failures and Defects
While there is an inherent risk in driving an automobile due to the actions of others, car accidents caused by tire failures represent a preventable danger that is not the fault of any driver. Common examples of tire defects include the following.
Tread Separation
Tire tread separation is when the tread of the tires begins to separate from the casing of the tire, reducing its grip.
Tread separation can impact the driver’s ability to control their vehicle, especially in bad weather. The Texas Board of Insurance notes that inadequate tire tread is one of the leading causes of hydroplaning, which is when motor vehicles skim on top of a layer of water [4].
Hydroplaning can cause a driver to lose control of their vehicles and cause serious accidents, particularly at high speeds.
Tire Blowout
Tire blowouts are explosions caused by a tire suddenly losing air pressure. They can be caused by overinflated or underinflated tires, running over a piece of debris, design defects, or premature failure. Vehicles with low tire pressure are three times more likely to be in a tire-related crash than those with the correct tire pressure [5].
These catastrophic tire failures make it incredibly difficult to maintain control of the vehicle, even for professional drivers, and can result in a major auto collision with serious injuries. Frighteningly enough, in a survey of over 1,000 people, as many as 44.9% of Americans admitted to having at least one blowout [6].
Improper Mounting
Tires sometimes fail because they are not mounted properly during maintenance. The tire must be firmly attached to the wheel’s rim, called the tire bead, and inflated to the correct pressure for the tire type. Otherwise, tires may experience tread separation or blowouts that can result in a serious accident.
Old tires should also be regularly rotated so there is even tread wear across the vehicle. Proper care must be taken to gauge the tread depth and ensure used tires are still serviceable, especially as tires have a typical lifetime of 10 years maximum [7].
Common Injuries From Defective Tires
A car accident caused by faulty tires can result in catastrophic injuries or even death for injured victims. Common injuries our personal injury attorneys see in tire defect cases include:
- Bone fractures
- Neck injuries
- Lacerations and contusions
- Traumatic brain injuries
- Spinal cord injuries
- Internal bleeding
- Whiplash
- Amputations
- Paralysis
- Death
Protect Your Rights After a Tire Defect Accident
After an accident resulting from tire defects, it is crucial to act quickly in order to ensure your own safety and protect your rights. Follow these steps as soon as possible after the tire failure.
- Stay at the Scene – It is crucial to get yourself to safety. Pull over and put on your hazards, then call 911 and report your location. If you feel you may be seriously injured, stay still as much as possible.
- File a Police Report – You should always call the police after an auto accident. Get the details from the officer on how to get a copy of your police report.
- Get Evidence – Take photos of the accident scene and of your own injuries. If there are any tire pieces on the road, take pictures of them and point them out to responding officers.
- Gather Contact Details – Get the insurance information and contact details of any other driver involved in the accident. You should also ask passersby for contact details.
- Seek Medical Attention – As accidents related to defective tires can result in catastrophic injuries, you should go to the hospital for a full assessment. This will also prove useful for a tire defect lawsuit, as it helps to show you were injured at the time of the crash.
- Report to Insurance – Tire defect claims should be reported to your insurance as soon as possible, preferably within a few days.
- Contact a Tire Defect Attorney – Taking legal action promptly is crucial to ensure you receive the maximum financial recovery for your injuries.
How a Defective Tire Attorney Can Help With Your Claim
Building an attorney-client relationship with an accomplished law firm like Rosenfeld Injury Lawyers is crucial to winning tire defect litigation, as we can help you recover compensation beyond what may be possible for the average person. Our services include the following.
- Free Case Review – We’ll determine whether you have a case and what your injuries may be worth. Additionally, we’ll research the statute of limitations in your area and plan our work to ensure we meet all relevant deadlines.
- Investigation – We’ll review information such as police reports, medical records, tire recall information, repair logs, surveillance footage, and other documents to ascertain whether manufacturing defects contributed to the accident.
- Expert Consultation – Our team has contacts throughout numerous industries who can help us establish that tire defects contributed to the accident.
- Negotiation – A skilled attorney from our team will use the collected evidence to negotiate a fair settlement with the tire manufacturer, repair shop’s insurance company, or other parties.
- Trial Representation – If necessary, an accomplished lawyer from Rosenfeld Injury Lawyers will represent you in court, showing how defective tires contributed to your injuries.
Establishing Liability
A tire defects lawyer from our personal injury law firm may seek compensation from different responsible parties depending on the circumstances of the accident. These parties may include the following.
- Tire Makers – Tire manufacturers can be held liable if it is established that flaws in the manufacturing process contributed to the crash. Like all entities selling products to the public, tire manufacturers must uphold high safety standards and quality assurance.
- Companies – In commercial vehicle collisions, trucking companies may be liable for tire blowouts or tire tread separation, as they are required to perform all necessary repairs on their vehicles before sending them out on the road.
- Tire Shops – In some cases, tire companies aren’t responsible for tire failures. Instead, it is a tire repair shop that failed to properly install the tires. They can be held accountable should tires fail because they weren’t mounted, rotated, or replaced due to aging.
- Car Dealers – Car dealerships must ensure their cars have road-ready tires. This is especially true for used car dealerships, which might purchase or sell older vehicles with balding or damaged tires. If they know of tire recalls, they must promptly replace them before anyone purchases the vehicle.
Proving Negligence in a Defective Tire Lawsuit
Whether seeking damages from tire manufacturers, tire companies, or dealers, your attorney must prove negligence on behalf of the liable party. This involves four factors:
- Duty of Care – The tire manufacturer or other entity has a responsibility to ensure their products are safe for consumers.
- Breach of Duty – The liable party failed to correct issues that could lead to a serious accident.
- Causation – This breach of duty was the primary factor or a contributing factor to the collision.
- Damages – Because of the accident, you suffered financial or physical losses.
Damages You Can Recover
A tire failure attorney from our law firm will seek to collect all damages we feel are relevant to your case, which includes both economic and non-economic damages.
Economic damages are meant to compensate you for financial losses related to the crash, including:
- Medical bills
- Lost wages
- Out-of-pocket medical expenses
- Loss of future earning potential
- Property damage
- Burial expenses in the case of wrongful death
Non-economic damages focus on how the tire failure has impacted your life, which includes the following:
- Pain and suffering
- Emotional distress
- Disability
- Disfigurement
- Loss of enjoyment of life
- Loss of companionship in the case of wrongful death
- Grief
- Inconvenience
If the case goes to court, punitive damages can sometimes be recovered. These are meant to punish the defendant for failing to protect individuals, and it must be shown their actions went beyond gross negligence. Typically, this means they acted with malicious intent, such as slashing tires before someone drove the vehicle.
Punitive damages are not available in all jurisdictions, and they may not always be relevant to your case.
Contact Our Tire Defect Lawyers Today!
Securing justice and rightfAs one of the most well-respected law firms in the country, Rosenfeld Injury Lawyers makes top-notch legal representation accessible for any injured party. We work on a contingency fee basis, meaning our attorneys’ fees are deducted from your settlement. We don’t get paid unless we win your case, and you pay nothing upfront.
We have recovered millions on behalf of our clients who have been harmed by negligent tire manufacturers, tire repair companies, and other parties. To schedule your free case evaluation, call us toll-free at (888) 424-5757 or use our online contact form.
Resources: [1] United Tires, [2] National Highway Traffic Safety Administration, [3] National Highway Traffic Safety Administration, [4] Texas Board of Insurance, [5] BankRate, [6] United Tires, [7] Discount Tire