Skip to Content

Rainy Season - Bad Tires Cause Accidents

June 21, 2017 | Category: Automobile Accidents, Defective Products | Share

"As part of our investigation of accidents for clients, we find that sometimes the cause of the accident was faulty tires," said Naples Personal Injury Lawyer, Randall Spivey. 

A study conducted by the National Highway Traffic Safety Administration (NHTSA) shows that about 9 percent of vehicle crashes are tire-related. Many drivers do not think about their tires until they have to swerve or brake suddenly, or they have a flat or a blow out all with serious consequences. 

In February 2017, a 63-year-old man was headed east in a 2016 Kia Optima when a tire ruptured, causing him to lose control and veer to the outside lane into the path of a semi, which was traveling in the same direction, according to the Florida Highway Patrol (FHP). The incident happened shortly before 9:30 a.m. and triggered a collision with the tractor-trailer, snarling traffic in east-bound lanes on Interstate 4 in Lakeland, Florida for about an hour. 

What are the most common causes of tire failures?

(Source: SmartMotorist.com & AA1Car.com - Automotive Diagnostic Repair Help) 

Rainy Season - Bad Tires Cause Accidents - Spivey LawThe most common causes of tire failures are: 

  • Punctured Tire. Run over a sharp object going 60 mph, and your tire is likely to blow.
  • Blunt Force Contact. Hitting a pothole at a high speed can both pop a tire and damage the rest of the vehicle.  The same goes for curbs.
  • Improper Air Levels. Air is what allows a tire to carry the weight of a vehicle and its cargo. If your tire pressure is too low, the sides of your tire flex too much, causing them to overheat and split apart. Over-inflated tires will have poor grip.
  • Aged and Worn-Out Tires. Old and worn tires are the most susceptible to blowouts.
  • Overloading a vehicle or driving on tires that do not meet the load rating requirements for the application is asking for trouble. This is more of an issue with pickup trucks, vans and SUVs than it is passenger cars, especially those that may be used as utility vehicles to haul building materials or other unusually heavy loads. The best way to prevent this kind of failure is to check the load rating of the tires and make sure they match the application. If they do not, upgrade to a tire with a higher load rating.
  • Defective or Badly Designed Tires. A tire can often fail to do its job due to a manufacturing or design defect. Almost all tires made today are steel- belted radial tires.  Their most common form of failure is tread separation. Some tire designs are more prone to tread separation than others. 

Do consumers have any recourse if a tire is defective? 

Any product with some kind of defect may qualify as a defective product.  The law in Florida says that you may file a claim when there is a:

  • Manufacturing defect - an error in assembly or the manufacturing process of a product which caused the product to become unsafe for a consumer. 
  • Design defect - an error in the original design of a product that causes the product to be dangerous and creates a hazard for users. 
  • Failure to warn - a defect in terms of the way a manufacturer instructs consumers to use its product or products.  If the correct use of the product may injure consumers, and the manufacturer fails to mention this, it is negligence on the manufacturer's behalf. 

In order to have a successful product liability claim against a manufacturer, under Florida law (Statute: 768.81-Comparative fault) you must prove the following elements for a negligence claim: 

  • You were injured or suffered loss;
  • The product was defective;
  • The defect was a proximate and actual cause of the injury, and
  • The product was being used as it was intended. 

"As we are now entering Florida's rainy season, having safe tires is even more important. We at Spivey Law Firm, Personal Injury Attorneys, P.A. urge motorists to take the time to look at their tires before getting behind the wheel. This time is well spent," said Attorney Spivey.

 

 

Naples Personal Injury Lawyer, Randall L. Spivey is a Board Certified Civil Trial Attorney - the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just 1 percent of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at  239. 337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com  for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.

 

 

Contact Us

Location

Spivey Law Firm Logo Spivey Law Firm 13400 Parker Commons Blvd.
Fort Myers, Florida 33912

(239) 337-7483

Free Consultation