Gomez Trial Attorneys

California Tire Defects Attorney

California Tire Defects Attorney

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California Tire Defects Attorney

California Tire Defects lawyer

The Firestone Tire recall of 2000 brought to the public’s awareness the potential dangers of badly manufactured or designed tires. Tire manufacturer recalls are not uncommon. In fact, every major tire manufacturer—Ford Firestone, Uniroyal, Dunlop, and Cooper included—has issued them at one point or another. But in the vast majority of cases, these recalls have only come after a significant number of consumers had been injured or killed by defective tires. Defective tires can separate easily and cause a crash, becoming the direct cause of a catastrophic injury or wrongful death. If you have suffered from a defective tire, it is time to enlist the assistance of the Tire Defect lawyers of  Gomez Trial Attorneys. Based in San Diego, CA our firm represents clients nationally and throughout California who have been injured or lost a loved one due to a defect in an auto, SUV or truck tires. Our highly skilled and experienced teams of attorneys can help ensure that you and your family recover the compensation that you are entitled.

We know that defectively designed or defectively manufactured tires will come apart at a high rate of speed. A tire blowout can cause pieces of the tire to wrap around the wheel, affecting the control of your vehicle. In such circumstances, a vehicle may take a sharp turn or flip and overturn several times. Occupants of the vehicle  are likely to suffer catastrophic injury or death. Tire failures are particularly dangerous when the vehicle is traveling at highway speeds. Tire failures are also more likely to lead to rollovers when they occur on a vehicle with a high center of gravity, such as many popular sport utility vehicles. When a tragedy of this nature has occurred, you want to know who or what was responsible for the tire blowout that caused the serious injury or death. In the case of tire defect (e.g. tread separation), a claim may demonstrate that faulty design led to the blown tire and caused a crash.

Tire blowouts can occur for a number of reasons, including the following:

  • Tire construction
  • Tire manufacturing defects
  • Tire design defects
  • Tread separation (de-beading)
  • Tire shredding
  • De-treading
  • Adhesion failures

Table of Contents

HOW DEFECTIVE TIRES CAUSE CALIFORNIA CRASHES

A tire failure at freeway speed takes the one part of the car that touches the road and removes it without warning. The tread peels away, the tire deflates in seconds, and the vehicle pulls hard toward the failed corner. Drivers overcorrect. SUVs and trucks, with their higher centers of gravity, can roll.

The pattern is familiar to anyone who followed the Firestone recall in 2000, when tread separation on Ford Explorers led to one of the largest tire recalls in American history. Recalls did not end the problem. The National Highway Traffic Safety Administration still logs tire recalls nearly every year, covering everything from missing sidewall plies to tread that was cured incorrectly at the factory.

A tire does not have to be recalled for you to have a case. A recall helps prove a defect existed. It has never been required. What matters is that the tire failed in a way a properly designed, properly built tire should not, and that the failure caused your crash.

TYPES OF TIRE DEFECTS THAT SUPPORT A CLAIM

TREAD SEPARATION

The tread and outer belt detach from the tire body, usually at speed. This is the classic manufacturing defect. It often traces to contamination or moisture introduced between rubber layers during assembly, which stops the layers from bonding. The tire looks normal for thousands of miles. Then it comes apart.

SIDEWALL FAILURES AND ZIPPER RUPTURES

The sidewall carries the load. When it is built with too little material, damaged in mounting, or weakened by an impact the design should have tolerated, it can rupture in a line of broken cords. That failure is violent. It can happen while the tire is being inflated, which is why tire technicians are among its victims.

BEAD FAILURES

The bead anchors the tire to the wheel. The bead rarely gets inspected. Defective beads can break during mounting or let the tire unseat from the rim under load. Either failure can send a vehicle out of control or injure the person servicing it.

TIRE AGING

Rubber degrades whether or not the tire is driven. Many vehicle and tire manufacturers recommend replacing tires after six years regardless of tread depth. A tire can be old the day it is installed. Storage time counts. Aged tires that fail were often sold as new. The date code on the sidewall tells the truth, and most buyers are never shown it.

DEFECTIVE REPAIRS AND SERVICE MISTAKES

Not every tire failure starts at the factory. A plug where a patch was required. A nail hole repaired in the sidewall. The wrong size or load rating installed, or mismatched tires across an axle. Each is a service failure, and the shop that made it can be liable alongside the manufacturer.

ELECTRIC VEHICLES ARE CREATING A NEW KIND OF TIRE FAILURE

Electric vehicles are changing what a tire has to survive. A battery pack adds hundreds of pounds. EVs also deliver all of their torque instantly. Tire makers responded with XL and HL load ratings, tire classes built to carry that extra mass. Consumer Reports and the major manufacturers now say plainly that EVs need tires rated for the vehicle, and that EV tires wear faster, roughly 20 percent faster in most estimates.

That creates a failure mode that barely existed a decade ago. A shop replaces an EV’s tires with a standard passenger tire in the right size but the wrong load rating. The tire carries more weight than it was built for, every day, until it fails. The vehicle owner did nothing wrong. The tire may have no manufacturing defect at all. The negligence sits with whoever specified, sold, or installed a tire that was never rated for the vehicle it went on.

Faster wear matters too. An EV tire reaches the wear bars sooner than the schedule its driver has always known. Few owners are warned. When a worn or under-rated tire fails on a 5,000 pound electric SUV, the energy in the crash is greater, and so are the injuries.

These cases turn on documents. The tire’s load index, the vehicle’s placard, the shop’s invoice. We know what to demand and what it proves.

WHO IS LIABLE FOR A DEFECTIVE TIRE ACCIDENT IN CALIFORNIA

California applies strict product liability to defective tires. The rule comes from Greenman v. Yuba Power Products, the California Supreme Court decision that shaped product liability law nationwide. Under strict liability you do not have to prove the manufacturer was careless. You have to prove the tire was defective when it left their hands and that the defect caused your injury.

More than one party can owe you compensation. The list runs long.

The tire manufacturer, for design and manufacturing defects. The vehicle manufacturer, when the tire was original equipment or the vehicle’s design made the failure worse. The retailer or distributor, because strict liability in California runs through the chain of sale. The service shop, for negligent repairs, negligent installation, or fitting a tire the vehicle’s weight exceeded. A used car dealer, for selling a vehicle on aged or damaged tires. Each answers separately.

California’s pure comparative negligence rule protects you even if you were partly at fault. If a jury finds your damages total $500,000 and puts 20 percent of the blame on you for worn tread, you still recover $400,000. Insurers know this arithmetic. It is why they work so hard to move fault percentages onto the driver, and why the physical tire needs to be preserved before anyone can argue about it.

That last point cannot wait. The failed tire is the case. Tow yards scrap vehicles in weeks, and insurers move quickly to take possession of wreckage. Preserving the tire, the wheel, and the vehicle is the first thing our team does.

WHAT COMPENSATION CAN YOU RECOVER

A tire failure crash at speed rarely produces minor injuries. Compensation in a California tire defect case can include every medical bill the crash caused, past and future, including surgery, rehabilitation, and equipment. Lost wages and lost future earning capacity when injuries end a career. Pain, suffering, and the loss of what the injury took from daily life. Property damage. In a fatal crash, the family’s claim for wrongful death.

Tire cases have a second layer many injury cases lack. When clear and convincing evidence shows a manufacturer knew about a defect and kept selling the tire, California law can allow punitive damages. Those documents only surface in litigation. A firm that prepares every case for trial is the one that gets to read them.

WHAT TO DO AFTER A TIRE FAILURE CRASH

The first two weeks decide what evidence survives. It disappears fast. The steps below protect what proves your case.

Keep the tire, the wheel, and the vehicle. Do not let the insurer total the car and take it away before the failed tire is photographed, documented, and secured. Once the vehicle is scrapped, the physical proof of the defect goes with it. Say no in writing.

Photograph everything where it sits. The failed tire from every angle, the tread fragments on the road, the vehicle damage, the other three tires. Tread on the roadway tells a reconstruction expert where the separation began.

Get the tire’s identification number. Every tire carries a DOT code on the sidewall, which encodes the plant and the week it was made. That code connects your tire to recalls, to other failures from the same plant, and to the manufacturer’s own records.

Ask the shop for records. If the tire was recently installed, repaired, or rotated, the invoice shows who touched it and what they claim they did. Request a copy before anyone knows a claim is coming.

See a doctor, then call a lawyer. Injuries first. Then get a preservation letter out to every party holding evidence, because a tow yard’s schedule does not wait for anyone’s insurance adjuster.

CALIFORNIA TIRE DEFECT FAQS

CAN I SUE IF MY OWN TIRE BLEW OUT?

Yes, if the tire failed when it should not have. A blowout does not mean you did something wrong. Tread separations and sidewall failures happen on tires with legal tread depth and correct pressure. The question is why the tire failed, and that is an engineering question answered by inspecting the tire itself. Keep it.

WHO IS LIABLE IF A TRUCK’S TIRE FAILED AND DEBRIS HIT MY CAR?

Commercial carriers must maintain their tires. Federal regulations require pre-trip inspections. Gator strips on the freeway are often the aftermath of a retread failure. Claims can run against the trucking company, the retreader, or both. These cases move through the same courts as our car accident work, with commercial insurance layers on top.

HOW LONG DO I HAVE TO FILE A TIRE DEFECT CLAIM IN CALIFORNIA?

Generally two years. Count from the date of injury. Exceptions run in both directions. A claim against a government entity generally must be presented within six months, a wrongful death claim runs from the date of death, and the discovery rule can matter when a defect comes to light later. The practical deadline is sooner than any statute. The tire has to be preserved before it disappears into a salvage yard.

DOES A RECALL MEAN I AUTOMATICALLY WIN?

No, and the absence of a recall does not mean you lose. A recall is strong evidence that a defect existed in the tire line. You still have to connect the defect to your specific tire and your specific crash. NHTSA’s recall database is one input. The failed tire is the better one.

WHAT DOES A TIRE DEFECT LAWYER COST?

Nothing up front. Gomez Trial Attorneys handles tire defect cases on contingency, so there is no attorney’s fee unless the case recovers money. Case costs, including the tire experts these cases require, are advanced by the firm, and the written fee agreement governs how costs are handled at resolution.

OUR CALIFORNIA TIRE DEFECT LAWYERS CAN HELP

Tire cases are engineering cases. They are won with the failed tire, a qualified tire expert, and a firm the manufacturer’s lawyers know will try the case rather than take the first offer. Gomez Trial Attorneys prepares every tire case for trial, and our California personal injury practice takes tire defect cases statewide from our San Diego office.

Do not release the vehicle. Do not let the insurer take the tire. Call 833-GET-GOMEZ before anything gets scrapped, in English or Spanish. The consultation is free, and if the tire is sitting in a tow yard right now, the sooner we get a preservation letter out, the more of your case survives the week.

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550+ 5 Star Reviews

  • “John helped me find doctors, he referred me to his neurologist, his physical therapist, I mean, anything I needed he was right there, every step of the way. I couldn’t have asked for a better result from all of this, I would absolutely recommend Gomez Trial Attorneys.”

  • “During the time I was working with Gomez Trial Attorneys, they treated me very, very well. 100% of the time, they believed me, and they were very compassionate. They felt sorry for what happened and they understood the therapy process.”

  • “They held my hand the whole time and kept me in the loop every aspect of my case which was very refreshing to me. They helped me get my settlement offer as fast as possible and I was able to keep my farm”

  • “The Gomez experience was the best experience it could be for me really, only positive things to say. They really were there every step if the way. Thanks to Gomez Trial Attorneys my dad is able to support my family as a single father”

  • “He opened the door for me to join his firm to help other brain Injury survivors and I never met another firm who is like this who was so understanding and caring who took the extra step and walked the extra mile with their clients and this is the best”

  • “I am very satisfied with the outcome with Gomez and I would definitely recommend Gomez to anybody, we tell people all the time, Get Gomez! They are really thorough with everything and they make you feel real comfortable.”

  • “Just helped us through, guided us through, I kept notes all those years, we had questions all the time and they would always keep us informed of what was going on. They just unlayered it, layer by layer, I’ve never seen anything like them. Thank God for them.”

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