Defective Tire Attorney Tucson | Defective Tire Lawyer in Yuma, AZ

The National Highway Transportation Safety Administration (NHTSA) reports that tire failures cause more than 11,000 traffic accidents resulting in death or serious injuries each year. In 2015, the NHTSA estimates 19,000 people were injured in motor vehicle crashes where tires were a contributing factor. Tire malfunction was a contributing factor in 738 traffic fatalities in 2017. These tire failures are often caused by a manufacturing or design defect. Often our Tucson defective tire attorneys are called upon to help with cases in Arizona.

How do defective tires cause serious accidents?

A defective tire can fail on the road in a few different ways. A blowout or sidewall failure is usually evidenced by a hole in the side wall. However, the most dangerous and probably more prevalent tire failure is from tread separation.

Tread separation occurs on steel belted radial tires when the bond between the two steel belts disintegrates, the outer belt becomes disconnected from the carcass of the tire, and the tread peels off. This separation may result in losing all or a part of the tread, and it affects the ability to control the vehicle. Often, there is a loss of control that results in death or significant injuries.

How defects occur during the tire manufacturing process

Tires are built in layers on a tire building machine. They are assembled using rubber and rubber coated fabrics, along with belts that are not yet cured and are known as "green" tires.

When the tire is fully assembled with all its components, it is vulcanized or cured using high temperatures and pressure. This process gives the tire its desired properties and bonds the various layers or plies of rubber together so that they function as intended.

As a result of the Ford/Firestone tire recall and the subsequent litigation, it was determined that tread separations tend to occur later in the life of a tire – usually after three years. Tread separations can occur due to design defects or other causes that occurred during the assembly and manufacturing process. Some of the most common manufacturing defects include:

Contamination during the tire building process
Misalignment or misplacement of the belts, nylon strips or other tire components
Under cure or over cure during vulcanization of the tire

What to do if you’ve been injured by a defective tire

After an accident involving a defective tire, it is important to preserve the tire. Save not only the portion on the rim, but also the pieces of rubber that are on the highway.

Then, contact the Tucson defective tire attorneys at Shultz & Rollins to schedule a free, confidential consultation and receive a preliminary case evaluation to determine if your accident was caused by a defect in the tire.

FAQ product liability

Who can be held responsible for injuries from a defective tire?

Any person or company involved in the manufacturing or distribution processes may be held liable. This includes the:

Manufacturer of component parts
Assembling manufacturer
Wholesaler
Distributor
Retailer

In addition, claims may be based on negligence, strict liability or breach of warranty, depending on the facts.

What is required to prevail in a defective tire case?

To prevail, the injured party must prove that the tire that caused the injury was defective and therefore unreasonably dangerous. There are three types of defects:

Design defects: Design defects are unreasonably dangerous and inherent in the tire. They exist prior to its manufacture.
Manufacturing defects: These defects occur while the tire is being manufactured or assembled.
Marketing defects: When manufacturers fail to warn of inherent dangers associated with the tire, or they fail to provide proper or adequate instructions regarding the tire’s use, it is known as a marketing defect.

Defective tire claims are based on strict liability. As such, the manufacturer can be held liable regardless of whether it acted with negligence. The experienced defective tire lawyers at Shultz & Rollins in Yuma and Tucson can help you determine the type of defect that is relevant to your case.

Is an investigation important?

Yes, an investigation after the accident is critical – particularly in defective tire cases. The defendants are typically large companies with massive resources, and as such will aggressively defend themselves against your claims.

An experienced Yuma and Tucson defective tire attorney will conduct a thorough investigation, which will include:

Gathering pertinent evidence
Interviewing witnesses and employees
Hiring experts to prove the defect
Obtaining company records

What damages can be recovered in a motor vehicle accident involving personal injuries or death?

After a collision due to a defective tire, the responsible parties may be required to pay damages. Depending on the circumstances, you may be entitled to recover:

Past and future loss of income
Past and future medical expenses
Past and future pain, suffering, and emotional distress
Loss of earning capacity
Loss of consortium
Punitive damages

If a death occurs as a result of a defective tire, the survivors may recover financial damages, including lost financial support and funeral expenses, along with emotional distress damages, such as loss of love, society and companionship.

Do I need an attorney to handle my defective tire case?

Yes, you will need to retain a defective tire lawyer in Yuma, AZ and Tucson, AZ to establish liability against any potential defendants and maximize your damage recovery.