In August 2013, 24-year-old Krystal Cantu lost her left arm in a rollover accident caused by the faulty Capitol Precision Trac II tire on the 2004 Ford Explorer Sport Trac in which she was riding. As a result of that accident, ITG Voma recalled 95,000 Capitol Precision Trac II tires in October of that year.
Capitol & Hercules Tires
Cantu filed a suit against Voma for damages in April 2014. During that case, her legal team discovered that the faulty Capitol Precision Trac II tires share the same green designation as Hercules A/T tires. Shandong Yongsheng Rubber Group Co. Ltd. manufactures both in China.
Green tires, as defined by the National Highway Traffic Safety Administration (NHTSA) are those “produced to the same internal specifications but that have, or may have, different external characteristics and may be sold under different tire line names.” In other words, the Hercules and Capitol tires are basically the same tire with different labels.
Upon discovering this information, Cantu’s attorney sent a letter to the NHTSA requesting that it conduct an investigation on Hercules Rubber & Tire Company and to launch a recall.
Issues with the Tires
The Capitol tires were subject to the recall because they lacked a nylon cap ply. This made the tires less robust and more prone to tread separations, which caused Cantu’s accident. The left rear tire in the Explorer separated and blew out, and the automobile skidded off the highway.
Cantu told CBS News, “As soon as we hit a patch of grass, we started rolling. My arm just kind of flung out of the window, so once it was time for my side to roll and my arm got smashed in the process.” The crash amputated her arm above the elbow.
The October 2013 recall included tires in seven sizes for passenger cars and light trucks. If the Shandong Yongsheng Rubber Group Co. Ltd. tires sold by Hercules prove to be defective as well, it will be Hercules’ job to recall the tires and remedy the situation for its consumers.
“The agency must act swiftly to ensure that tires that are essentially the same as the recalled Capitol Precision Trac II models are removed from service before another individual is seriously injured or killed in a tire-related crash,” Cantu’s attorney noted.
Legal Help for Tire-Related Crashes Florida
If you were in an accident involving a Capitol, Hercules, or other faulty tire, call the tire accident attorneys at Chalik & Chalik. Contact us today at 855-529-0269 to schedule a consultation and learn if you qualify to file a claim for damages against the retailer or manufacturer.
For a free legal consultation, call (855) 529-0269