Tire
defects are responsible for tens of thousands of injuries and
deaths each year, primarily from tread separations and blowouts, but also from
mounting and inflation accidents.
A large number of these accidents are due to design or
manufacturing defects in the tires.
Blowouts may be caused by
many things, such as punctures, or worn out tires, but often
they are due to manufacturing defects that cause
tread
and belt separations. It is not hard to find
news
of the tragic consequences of these accidents. Recently, the
Firestone recall of
6.5 million tires has made the news, but it is by no means
the only tire company with tread separation problems.
Goodyear,
Cooper,
and
Continental
General have recently had these same kinds of complaints.
Tire
inflation explosions are also a source of frequent
litigation.
Government Regulations
- Since public awareness has been raised recently, Congress
has attempted to require that the level of tire performance
be raised. Many of the old regulations were so ineffective
that they were not even relied upon by the manufacturers.
Not surprisingly, the tire industry finds fault with many of
the new proposed, more strict regulations. Regardless of
what regulations are finally passed, the government does not
have the manpower to effectively police the tire
manufacturers, and will probably have to continue to rely on
self reporting and certification by each tire maker.
Tire Litigation is highly specialized and costly –
generally involving several years’ work and hundreds of
thousands of dollars in costs to do the job properly.
Besides tire expert
s,
these cases usually require experts in accident
reconstruction, vehicle dynamics, biomechanical engineering,
seatbelts, metallurgy, human factors, and warnings.
There are numerous issues specific to the typical
tire case. Tire companies often have a corporate
“reorganization” policy that makes it difficult to
determine who are the correct parties. Documents are
routinely destroyed pursuant to a corporate “document
retention policy”, and those that do exist are almost
always claimed to be confidential trade secrets. Tire
companies will not produce any significant documents without
a fight and multiple court orders. For these reasons there
are a limited number of trial attorneys experienced in, and
willing to handle, these complex tire cases.
For
a recommendation of experienced tire attorneys in your area,
click here.
To
report a defective tire to the National Highway Traffic
Safety Administration (NHTSA),
click
here.