Tire blowouts can occur due to many different reasons, including sidewall punctures, poor adhesion, improper installation, and materials defects. One of the most common causes of tire blowouts is tread separation, which can cause serious injury accidents. Persons who are involved in an accident involving a tire blowout may be forced to deal with lasting health problems, disabilities, and physical pain.
Manufacturers sometimes become aware of a defect and recall a particular model of tire. Such a recall is not necessarily an admission of guilt or a slam dunk for a plaintiff in a lawsuit, however. The plaintiff must still prove that it was the tire defect that caused the accident and the resulting injuries.
It is also important to note that not all tire-related accidents are a result of tire defects. If a tire blows out due to debris on the road, that is not the tire manufacturer’s fault, nor is it the driver’s fault. In that case, unless the debris was left on the road by people, the injured party’s own insurance would have to take care of the cost of the injuries, as there would be no one to sue.
An object like a nail can also become lodged in a tire, causing it to blow out. Therefore, unless there has already been a recall with an established defect in a particular model of tire, it can be difficult to prove that a defect caused the accident.
Too low or too high air pressure can cause blowouts as well, and this situation cannot be blamed on a defect. High air temperatures in some regions of the world can also lead to tire failure.
If the driver reacted to a tire blowout in a way that caused the accident – such as putting on the brakes suddenly – the driver might also be found to be at least partially responsible for the resulting injuries and damages. The driver could be found somewhat at fault if he or she was aware that there was a problem with the tire and chose to drive on it anyway.
Warning signs that a tire failure is imminent include cracks in the sidewall or tread, uneven tread, bulges in the tread that are an indication of potential tread separation, shaking while on the road, thumping in the tire while driving, and radial pull to one side while driving.
Also, if a commercial vehicle – such as a van or truck – is involved in the accident, the cause could be an improper maintenance of the tires rather than a manufacturing defect. Once again, the manufacturer would not be the defendant in that case, but the company responsible for maintaining the vehicle might be sued.
Of course, attorneys for the manufacturer will do everything in their power to prove that an accident was not caused by a defect in the company’s tires. This is why expert investigators are a necessity for the plaintiffs, who might have suffered very expensive catastrophic injuries or wrongful death in the accident. Lawyers who handle product defect cases, particularly in automobiles, will have experts available to provide reports on behalf of the plaintiff(s).
The Ammons Law Firm LLP are experts in tire defect law and will asist you in way you need.