A tread separation accident occurs when the tread, or part of the tire that makes contact with the road, comes apart from the body of a tire and causes a car accident. Tread separation often leads to the inability to control your vehicle. Losing control of a vehicle especially on busy highway roads can be disastrous and can even lead to a deadly car accident.
Additionally, warmer weather can cause a faulty tire to separate, leading to a dangerous situation for Florida drivers.
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Fault in a Tread Separation Accident
Tires should be designed to handle everyday wear and tear. It is not always easy to determine who is at fault for a tread separation accident. However, there are a few situations that can lead to tread separation:
- Manufacturing and design defects (a faulty chemical process, poor rubber adherence, or improper bonding process)
- Excessive wear and tear
- Improper repair of a flat tire
- Over-inflation
After a tire tread separation occurs, there are a few different scenarios of who could be at fault for the accident:
- Driver fault: The driver may be at fault when they fail to replace worn or defective tires. The National Highway Traffic Safety Administration (NHTSA) recommends checking the tread on your tires every month along with the air pressure.
- Tire shop fault: A tire shop may be at fault when they sell old tires, sell tires that are currently recalled, or improperly store tires. Generally, each tire has a life of between six to 10 years regardless of wear on the tread. You can check the Tire Identification Number (TIN) on your tire.
- Manufacturer fault: The manufacturer may be deemed at fault for improperly designed tires or for failing to properly inspect the tires.
If we can identify that the tread separation was caused by a manufacturing or design defect, a defective tire lawyer can help you seek compensation.
Recoverable Expenses in a Tire Tread Separation Lawsuit
Tire tread separations can lead to catastrophic car accidents. Damages you may recover in association with your accident include:
- Vehicle damages
- Current medical costs
- Future medical costs
- Pain and suffering
- Wrongful death
- Punitive damages
How We Can Assist You With Your Tire Tread Separation Case
Complimentary Consultation
A complimentary consultation gives us the opportunity to evaluate the details of your case. Every case is different, and it is important that we get to know yours to determine if you might be eligible for compensation with a product liability case. The complimentary consultation also gives you the chance to discuss any questions or concerns with our legal team.
Determine Fault
It is important that we determine fault and identify any negligence in a potential tire tread separation case. In order to seek compensation, we must establish that someone else was at fault for the separation of the tire treads.
Strict Liability
The state of Florida holds manufacturers strictly liable for products that are considered dangerous. A tire that is at risk of tread separation can be considered dangerous if we can identify that faulty design or improper quality control was to blame. We must establish that the manufacturer was entirely liable for the accident. We may work to establish strict liability in the following ways:
- Expert witness statements
- Photographs of the accident
- Researching similar cases
- Inspection of the faulty tire
- Investigating the quality control or storage process
These things will help us determine who was at fault and who is responsible for your damages.
Report Your Tire Problems
It is important that we report your defective tire to prevent additional accidents from occurring. This can also help us gather the necessary documentation to further support the case that the manufacturer is at fault. We will assist you in reporting the tire problems to the car manufacturer.
We will also report the tire problems to the NHTSA. NHTSA’s website keeps track of tire recalls. In addition, it keeps records on all different types of vehicle recalls. This could help us identify additional drivers that suffered a tire tread accident with the same tires.
A Product Liability Lawyer Can Help
Florida law requires that you establish specific criteria to demonstrate that the manufacturer was at fault for the tread separation. We must also demonstrate that the tread separation led to the car accident. Working with a product liability lawyer can assist you in navigating the legal process and pursuing compensation while you focus on your recovery.
Our legal team is ready to evaluate the details of your tread separation case. Call Chalik & Chalik Injury Lawyers to speak with a defective tire lawyer at 855-529-0269.
