Orange County Defective Tire Accident Attorney
Motor vehicle travel has been an expected and routine part of American life since the middle of the 20th century. More often than not, there is the presumption that travel by vehicle, all things being equal, is safe and should be embraced. But, what happens when one of the most critically important components of car mobility and safety – tires – is defective? In such instances, an unanticipated blowout, especially on a busy highway, can lead to catastrophic accidents, including collisions that may lead to catastrophic injuries or even death.
Tires are the most important invention in the car that allows the vehicle to travel at great speeds over a long period of time. As such, many car accidents and injuries can occur if there are tire defects in a vehicle. Without getting overly technical on auto-mechanic terms, several key components that contribute to tire defects include:
- Bead Failures
- Multi-Piece Rim Failure
- Sidewall Failures
- Tire Cracking / Open splices
- Sudden loss of inflation pressure
- Separation of tread, sidewall, ply cord, inner liner, or bead
- Old Tire Cases
- Negligent Tire Placement (at the mechanic or service store)
- Rental Vehicles with Defective Tires
- Belt-to-belt separation
- Belt edge separation
- Chunking
- Broken cords
Any vehicular accident caused by a tire failure that involves death or serious injury should be evaluated for a potential tire-defect claim. The key to this type of case is which party is mostly responsible for the defect, and proving it.
Who the responsible party is can vary. For example, a defective tire can be the result of the car-maker decision on which brand of tires goes on the vehicles for sale. However, a defective tire or tires can also be the fault of a car dealership or car auto body shop that replaces tires for use. Fault is often placed on these parties for a number of reasons, including the fact that they should have foreseen that said tires were defective, were an improper fit, etc. and because accidents caused as a result of this can reasonably lead to not only physical injury or the prospect of death.
In such cases, Timothy J. Ryan car accident attorney in Orange County will exhaustively research the particulars of your accident to figure out the best legal plan of attack and present the best case possible.
Frequently Asked Questions (FAQs) – Orange County Car Accident Lawyer – Tire Defects
What are the most common types of tire defects?
The most common and dangerous tire defects are tread separation, where the tread peels away from the body of the tire, and sidewall blowouts. Other defects include faulty valve stems, bead failures that cause the tire to detach from the wheel, and manufacturing flaws that create weak spots in the tire’s structure.
How do you prove a tire was defective?
Proving a tire defect requires a thorough investigation by a qualified tire failure expert. The expert will analyze the failed tire for signs of manufacturing or design flaws, ruling out other causes like road hazards or improper maintenance. Preserving the tire and wheel remnants after a crash is the most critical step in proving a case.
Who can be held liable for an accident caused by a defective tire?
Multiple parties in the ‘chain of distribution’ can be held liable. This includes the tire manufacturer, the vehicle manufacturer (if the tire was original equipment), the tire distributor or wholesaler, and the retail shop that sold or installed the tire. An attorney can identify all potentially responsible parties.
What should I do with the tire after a blowout accident?
It is absolutely essential that you or your attorney take possession of the tire remnants and the wheel it was on. Do not let the insurance company or a tow yard dispose of them. This is the central piece of evidence in your product liability claim. Store it in a safe, dry place and do not alter it in any way.
What is the difference between a defect claim and a maintenance claim?
A defect claim alleges the tire failed because of a flaw in its design or manufacturing. A maintenance claim alleges the failure was caused by negligence from a service provider, such as an improper repair or incorrect installation. The manufacturer will often try to blame poor maintenance to avoid liability for a defect.
Can I have a case if the tire was old?
Yes. While manufacturers may argue an old tire failed due to age, many cases involve ‘tire aging’ defects, where the chemical compounds in the tire break down prematurely. This can cause a tread separation on a tire that still has plenty of tread depth and appears safe to use. Retailers also have a duty not to sell dangerously old tires.
What is the statute of limitations for a tire defect lawsuit in California?
In California, the statute of limitations for a product liability claim is generally two years from the date of injury. It’s critical to contact a lawyer well before this deadline to allow time for a complex investigation and to hire the necessary experts.
