Teen Dies in Tire Blowout Accident
Seventeen-year-old Maryan C. Smith was ejected from her vehicle after a tire blew out. Smith was not wearing a seatbelt at the time of the crash. The 17-year-old ran off the roadway after the blowout. Her vehicle overturned, ejecting Smith. She was pronounced dead at the scene.
At this time, the cause of the tire blowout is unclear leaving us to speculate as to the possible causes.
When is the Driver Responsible for a Tire Blowout Accident?
Those who bring a lawsuit against a tire company or any other named defendant should be aware that they will definitely be blamed for the accident. In some of these cases, they actually will be responsible for the accident.
Every driver has a duty of care to ensure that their vehicle is roadworthy when driving on public roads. If a tire blows out and the ensuing accident causes someone else a severe injury, the driver whose tire blew out can be held responsible for the accident.
Generally speaking, most commuters aren’t necessarily very good at ensuring their vehicle maintenance schedule is being adhered to religiously. Commuters may drive on tires that are underinflated even when this creates a serious risk to their own lives. If, however, an underinflated tire remains underinflated while the vehicle is in motion, it causes the tire to droop which puts an awkward pressure on the sidewalls and the treads, Overtime, this could lead to tread separation causing the driver to lose control of the vehicle while it is in motion.
When is the Tire Manufacturer Responsible for a Tire Blowout Accident?
Any company that enters a product into the stream of commerce is responsible for a plaintiff’s injuries when a design or manufacturing defect renders the product dangerous to use for the express purposes it was intended, or if the manufacturer failed to warn the customer about a potential danger.
To determine if the tire itself was manufactured in such a way that it would have inevitably led to an accident requires a specialized investigation. The tire company will almost always claim that the tire was underinflated at the time of the accident, or that some anonymous piece of road debris caused the tire blowout.
Litigating a Defective Tire Lawsuit
The lawsuit begins with an investigation of the tire itself. Typically, even in cases where a tire is underinflated, the government has a vested interest in preventing serious accidents and deaths on America’s roadways. Underinflated tires should not spontaneously explode. While this can reduce a company’s liability, it may not be able to get rid of it completely.
Essentially, the investigation will determine the most likely cause of the tire blowout. If it was a manufacturing defect that led to the accident, then attorneys for the plaintiffs will need to specify what that manufacturing defect was and why the company allowed the tire to pass quality control with the defect.
Talk to a Defective Tire Attorney Today
If a defective tire led to your traffic accident, call the Coral Gables tire defect attorneys at Halpern, Santos & Pinkert today to schedule a free consultation and learn more about our services.