Two Children Die in Tire Blowout Accident
Two girls were killed, ages 3 and 4, after a vehicle overturned in Memphis on Thanksgiving. The driver of the vehicle apparently experienced a tire blowout and lost control of the vehicle causing it to flip over at around 7:30 PM. Police say that four individuals in the vehicle were taken to a nearby hospital. The two adults survived while the two children did not. Three other adults were listed in non-critical condition as a result of the accident.
Determining Liability in a Tire Blowout Accident
The first thing that will need to be checked is the condition of the tire. Since the tire suffered a catastrophic blowout, there may be some indication as to why it occurred in the tire debris. Tires can suffer catastrophic blowouts for a number of reasons. Sometimes it’s the fault of the tire company, other times it’s the result of the driver. In still other cases, it may be the fault of a municipal government that failed to ensure the safety of drivers on the road.
When lawsuits are filed against tire companies, they typically accuse the victim of not maintaining the tires properly. In some cases, this can be true. If the tire is old, it’s warranty has expired, or it was over or underinflated, the tire company may be successful in placing the liability at the driver’s feet. Drivers are expected to ensure that their tires are roadworthy prior to leaving to go somewhere.
However, in other cases, it is the tire company’s fault for manufacturing a tire that was defective and then selling it to the public. To determine who is liable, investigators will need to determine the age of the tire and may be able to use data recorded in the vehicle itself to determine if the tire was over or underinflated. If the tire was still under warranty and inflated properly, the plaintiffs will have a very strong case against the tire’s manufacturer.
Is Underinflation a Bar to Recovery in a Tire Lawsuit?
Not necessarily. Tires are expected to withstand a great number of direct forms of trauma over an extended period of time. If the tires were severely underinflated or one tire was severely underinflated prior to the blowout, then liability may fall on the driver. However, if the tire was underinflated by less than 5 PSI, then the plaintiff may still have a valid claim against the tire company depending on several other factors.
Tire companies will generally accuse plaintiffs of not inflating their tires properly when there are no other factors present that could account for the failure. However, one factor that could account for the failure is sidewall or tread problems that the manufacturer overlooked. Tire companies are expected to produce safe products and when they don’t, they’re liable for the injuries.
Talk to a Defective Tire Attorney Today
If you’ve been injured in a tire blowout accident, talk to the Coral Gables tire defect attorneys at Halpern, Santos & Pinkert. We will conduct an investigation into the cause of the accident and determine if you have a strong enough case to proceed to trial. Call us today for a free consultation.