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Tires and Fatal Auto Accidents:  Duty of Care for Tire Upkeep and Maintenance

Summer temperatures increase the risk of a serious or fatal motor vehicle accident for many reasons, not the least of which is the rising danger of tire failure on a car, truck, or SUV that is traveling at high speed.

We have discussed fatal auto accidents caused by a tire blowout or other tire mishap before; for details see:

This week, we consider the responsibilities facing all owners and operators of motor vehicles, including commercial trucks like big rigs, semi-trucks, 18-wheelers, etc., to properly monitor and maintain tires.  If tires are properly maintained, then many serious and deadly crashes can be avoided. 

Fatal crashes due to tire failures are preventable accidents with tragic results. Owners and operators who fail in their duty of care regarding the tires on their motor vehicles can be held legally liable.

Tire Quality and Deadly Accidents

There is no hard and fast rule on tire quality; tires are not sold with expiration dates like food products.  Tire life can be diminished by a variety of things, including the age of the tire; how often the vehicle is driven; and how long the tire is exposed to the hot sun over time.

Car makers do make suggestions not only on tire upkeep but when a tire should be replaced. These recommendations are found in the car’s manual.  The individual auto maker will have its own recommendations based upon the individual product. As a general rule, they will suggest the tires be replaced after six (6) years in use (which usually corresponds with the expiration date of the tire manufacturer’s warranty).

Interestingly, the tire manufacturer’s suggestions often do not jive with the car maker’s 6-year recommendations on tire replacement.  You can find many tire makers who suggest a tire need not be replaced for ten (10) years on the road.

No matter the quality of the tires when the car was first purchased, the owner or operator must maintain the tires and monitor them, as their quality will change over time.  Tires need changing periodically, just like filters, oil, etc.  

A serious or fatal car accident can be caused by the owner’s failed duty of care to monitor tire quality.

1. Tire Age:  Check the DOT Number

Each tire sold in the United States must have an identification number embedded into the rubber.  This is known as its DOT (Department of Transportation) Number.

The DOT Number can be found on the sidewall, as a four digit number.  The first two digits represent the week; the second two digits represent the year.  A DOT Number of “1217” means the tire was made in the 12th week of 2017, or during the last week of March 2017.

2. The Type of Tire Makes a Difference

Tires are products.  Tire makers offer a variety of tires to consumers, from the basic “all-season” tire to more costly high performance tires.  Car makers will choose the type of tire that is considered the best fit for a particular car model when they offer the vehicle for sale.  This will be reflected in the owner’s manual.

Many experts (including Consumer Reports) suggest that owners and operators should stick with the model of tire that the car maker lists as appropriate in the owner’s manual.  This does not mean that an owner will not decide to “improve” his ride with a fancier and more expensive type of tire, or alternatively opt for a cheaper type of tire when the time comes for replacement.

Motor vehicles with high performance tires may give the car or truck a better look, and the operator may experience better handling.  However, the more expensive “high-performance” tires will age faster (shorter tread life).  They need careful monitoring and faster replacement.

For frugal owners that want to buy a cheaper tire type than is recommended in the owner’s manual, there are also risks.  The lesser-quality tire can make the motor vehicle harder to operate, and they can also detrimentally impact braking, especially at higher speeds.  Cheap tires can fail easily while the car is in use.

3.  Heat and Storage

Tires left exposed to sunlight day after day, week after week, will age faster than tires protected by an awning or garage.  Owners and operators who park their cars or trucks in the sun on a routine basis need to consider tire replacement earlier than those who park in garages or carports.

Spare tires may face an even faster need for replacement.  The spare tire can age quickly in any vehicle left outdoors to heat in the direct sun.  Spares stored underneath trunks can experience extremely high temperatures.  On some models of pickup trucks or SUVs, the spare tire is mounted on the rear or underneath the body.  This may spare the tire some heat damage, but the tire will also age due to exposure to dust, debris, and other factors that will impact its age and quality.

4.  Routine Upkeep

Most owners know they need to have routine oil changes, but many operators are not as vigilant in proper upkeep of their tires.  An owner fails in his or her duty of care if there is not routine upkeep of the vehicles tire’s that includes the following:

Inspecting the Tires

Tires need to be inspected regularly for things like frays, weaknesses, punctures, cracks, slow leaks, and tread life.

Keeping Proper Air Pressure

Owners need to make sure the tires have the right amount of air.  Tires should not be driven under-inflated.  However, an overzealous operator who puts too much air in the tires also increases the likelihood of a crash caused by an over-inflated tire.  The proper tire pressure can be found on the inside of the vehicle’s driver’s door.  This is the amount of air pressure each tire should maintain while being driven.

Tire Rotation and Wheel Alignment

Finally, operators should have their tires rotated regularly and have periodic wheel alignments.  This contributes to a longer life for the tires.  It also helps in driving and control of the vehicle, especially in bad weather conditions or at high speeds.

Claims Based upon Owner’s Failed Duty of Care Regarding Tires on the Vehicle

After a serious or fatal crash, it may not be readily apparent that a tire was the reason for the tragic event.  In these cases, (1) police investigations as well as experts for both (2) the accident victims as well as (3) the insurance defense team all delve into the incident, to try and locate the factors that worked together to result in the deadly accident.

Bad tires are notorious for causing fatal accidents, especially when there is a blowout.  The state laws of Indiana and Illinois work to help victims of these preventable crashes get justice. 

When there is confirmation of a bad tire with the owner or operator’s failure in their duty of care, then there may be legal liability for the accident and its consequences.  Please be careful out there!

 

 

 

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If you or a loved one has been seriously injured or killed due to the wrongful acts of another, then you may have a legal claim for damages as well as the right to justice against the wrongdoer and you are welcomed to contact the Northwest Indiana and Chicagoland personal injury lawyers at Allen Law Group to schedule a free initial legal consultation.

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