Utah Tire-Defect Law: About Tire-Tread Separation or Tire Blowout

April 06, 2011 (Press-News.org) Anyone who has experienced a tire blowout knows the dangerous situation it creates. A blowout or tire-tread separation can result in the loss of driver control over the vehicle, which creates high potential for a deadly car accident. In fact, the National Highway Traffic Safety Administration (NHTSA) estimates that 400 people die each year from tire failure.

What Causes Tread Separation?

Tire defects are a surprisingly common cause of tire blowouts. A manufacturing or design defect can cause tread separation early on in a tire's life - well before the appropriate time to replace the tire. Sometimes, these tire failures are widespread and force the manufacturer to issue a recall in an attempt to avoid further harm to consumers.

In a recent tire recall, Toyo Tire recalled nearly 5,000 tires because of the use of substandard materials in the tire composition. Even household name Goodyear Tire & Rubber has recalled products due to death and injury to customers. According to ABC News, Goodyear's Load Range E light-truck tires were associated with 15 deaths and 120 injuries.

Tire failures can also be caused by travelling on worn-down treads. Vehicle owners should closely follow the auto and tire manufacturer's guidance regarding the life of the tire. Blowouts are more likely to occur from tire under-inflation or over-inflation, too. However, many tire-tread separations also happen through no fault of the driver.

Tire Defects Don't Always Involve a Recall

Tire manufacturers such as Firestone and Uniroyal usually get to decide whether they should issue a recall. Some automakers issue "silent recalls," where they quietly offer free replacements to consumers without issuing a formal recall for their motor vehicle defects. Goodyear took the "silent recall" path with its infamously dangerous Load Range E tires. Many people view "silent recalls" as a manufacturer's attempt to avoid further liability without tarnishing the company's image.

Sometimes, a tire manufacturer rolls the dice and doesn't recall a defective line of tires even when it is aware that the product has been associated with numerous tread separations and resulting car accidents.

Holding Tire Manufactures Liable for Tread Separations

To hold tire companies accountable for car crashes resulting from tire failure, the injured person will have to prove that tire was defective and caused the resulting harm. This can be difficult to prove, and usually involves a battle of both legal and scientific experts who examine all aspects of the car accident and evidence.

It's easier for the injured party to prove his case if the manufacturer has announced a recall for the product, or if a pattern of multiple tire blowouts in a particular model provides evidence that a widespread defect exists in the design or manufacturing of that tire line.

A personal injury attorney that is experienced in tire-tread separation cases may be able to uncover evidence from the tire company that shows further proof of a tire defect. If you have been injured in a tire blow-out accident that you believe may have been caused by a tire defect, preserve all available evidence and contact a Utah personal injury lawyer for an assessment of your case.

Article provided by Eisenberg & Gilchrist
Visit us at www.eisenbergandgilchrist.com