Defective Tires Lawyer in Yuma and Tucson, Arizona

The National Highway Transportation Safety Administration (NHSTA) reports that tire failures cause more than 8000 traffic accidents resulting in death or serious injuries each year. These tire failures are often caused by a manufacturing or a design defect.

A defective tire can fail during operation on the road in several ways. A blowout or sidewall failure is usually evidenced by a hole in the side wall. The most dangerous and probably more prevalent tire failure is from a tread separation which occurs on steel belted radial tires when the bond between the two steel belts disintegrates, and the outer belt becomes disconnected from the carcass of the tire, and the tread peels off. This separation may result in loss of all or part of the tread and affects the ability to control the vehicle. Often, there is a loss of control due to the difficulty in handling caused by the tread separation resulting in death or significant injuries.

Tires are built in layers on a tire building machine. They are assembled using rubber and rubber coated fabrics and belts that are not yet cured and are known as "green" tires. When the tire is fully assembled with all its component parts 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, and under cure or over cure during vulcanization of the tire.

If you believe an accident was caused by a defective tire, and have suffered serious injuries or lost a loved one, or have a family member who has suffered serious injuries, 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 lawyers at Shultz & Rollins, Ltd to set up a free confidential consultation and preliminary case evaluation to see if your accident was caused by a defect in the tire.

Common Questions about Defective Tires

Who can be held responsible for injuries from a defective Tire?
Any person or company that is in the chain of manufacture or distribution may be liable. This includes the manufacturer of component parts, an assembling manufacturer, the wholesaler or distributor and the retailer of the tire. Claims may be based on negligence, strict liability or breach of warranty depending upon the facts.

What is required to prevail in a Defective tire case?
To prevail, the injured party must prove that the tire causing the injury was defective and therefore unreasonably dangerous. There are three types of defects: design defects – defects inherent in the tire prior to its manufacture which are unreasonably dangerous; manufacturing defects – which occur during the manufacture or assembly of the tire; and marketing defects – manufactures fail to warn of inherent dangers in the tire or provide improper and inadequate instructions regarding the tire's use. When products liability claims are not based on negligence, but rather on strict liability, a manufacturer is held liable regardless of whether it acted negligently.

Is an investigation of the tire important?
Yes, it is critical. An experienced tire lawyer will conduct an extensive investigation, collect evidence, talk with witnesses and employees, obtain company records and hire experts in order to properly evaluate and prove the tire was defective. This is especially true since the defendants in these cases are often large companies with significant resources and will vigorously defend against such claims.

What damages can be recovered in a motor vehicle accident involving personal injuries or death?
The parties responsible for causing the accident and injuries can be required to pay damages. A seriously injured plaintiff may be entitled to recover:
Medical expenses (past and future)
Loss of income (past and future)
Loss of earning capacity
Past and future pain, suffering and emotional distress
Loss of consortium
And, depending upon the circumstances, punitive damages.
If a person dies because of a defective product, the survivors may recover monetary damages for their economic losses such as lost financial support and funeral expenses in addition to their emotional distress damages for loss of love, society and companionship.

Do I need an attorney to handle my defective tire case?
Generally you will need to retain an attorney to establish liability against any potential defendants and help maximize your damage recovery. Contact Shultz & Rollins, Ltd. to set up a free confidential consultation and preliminary case evaluation.

To schedule a free confidential consultation and preliminary case evaluation to see if your case is appropriate for our firm to handle call us


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