Catastrophic Tire Failure

A potential cause of car accidents that has gotten alot of attention of late involves tire failure.  When tread separates from the rest of the tire, the consequences can be catastrophic.  Tread separation will cause steering to become difficult or even impossible which leads to loss of control of the vehicle and deadly rollover accidents. At highway speeds, the reaction time is mere seconds, and the driver may not be able to recover control before it is too late.

However, even with the best maintenance, some tires will still fail during their expected useful life.  If a tire does fail, it may be the result a bad design or manufacturing defect, which may entitle someone injured during a catastrophic failure to recover damages against the manufacturer, or possibly the dealer who installed or failed to adequately service them.  As you might expect, tire failure cases are very complex litigation cases and can be difficult to prove. There are many defenses available, including product misuse (installing the wrong size or type of tire on a particular vehicle), failure to maintain, reckless driving or other “operator error” claim. You must act quickly to protect your case.

Collect and Preserve Evidence.

Since everything at the site of a car accident is potential evidence for tire failure, an experienced investigator should be hired to examine and photograph the scene as soon as possible.  Things that should be photographed include yaw marks, gouge marks, and any indentations in the ground.  Be sure the investigator carefully documents and collects all pieces of tread and records their location.  Save all tires for a more thorough inspection later.

Scene Survey.  A scene survey is critical in reconstructing the accident and to future defect experts.  Be sure that one is conducted by a surveyor or engineer.

The Vehicles.  All vehicles involved will be crucial to proving your case.  You will need to locate all of the vehicles and have you or a lawyer send preservation letters to whomever is in possession of same.  Once your vehicle has been secured, and before moving the vehicle, have an investigator take detailed photographs.  You should then have it moved by rollback to a covered, secure facility.  Any significant change in the condition of the car can be detrimental to your case and will be used as a defense at trial.

Interviews. Early eyewitness testimony gathering is crucial.   The witnesses should be interviewed as soon as possible after the crash while their memories are fresh and clear.  Obtaining affidavits of the statements or using videotape the statements will secure their statements for future use at trial.

Tire Expert. Next, your attorney needs to hire an experienced tire expert to evaluate the subject tire and any other evidence gathered at the scene during in the investigation.  The tire expert will then be able to determine whether there is a case to be made against the manufacturer and what defenses the manufacturer might raise.

If you believe tire failure was a cause of an accident resulting in serious injury or death, call the experienced auto accident attorney Robert Reeves. Our team of lawyers have the background and ability to properly investigate and prosecute cases involving catastrophic tire failure. Compare the credentials of our lawyers against any other firm. Then call us at 704.351.7979 for a private consultation of your particular situation. We would be honored to have an opportunity to help you and your family during this most difficult time in your lives.