Wrongful Death Tire Tread Separation Trial Begins in San Diego
The Garcia v. Chuy’s Tire Service case trial started on 14th November 2022, involving a wrongful death arising from tire tread separation. Let’s explore the details of the incident with Ehline Law and our wrongful death personal injury attorneys.
A Tire Tread Separation Accident Leads to Multiple Deaths
In 2014, a severe accident occurred after a tire of the 2001 Ford Expedition separated, causing the vehicle to lose control and roll over. The accident crushed the car’s roof and killed two people.
Surviving Family Files Wrongful Lawsuit Against Tire Service Business
The vehicle accident resulted in the death of the driver and his wife while injuring their daughter, mother, and brother, who were occupants in the 2001 Ford Expedition crash. The surviving family members filed a wrongful death lawsuit against Chuy’s Tire Service.
Chuy’s Was Negligent by Replacing Existing Tire with Mismatched Tire, Lawsuit Alleges
According to the lawsuit filed in California state court, the claimant alleged that the defendant, Chuy’s Tire Service, replaced their vehicle’s right side rear tire with a “mismatched” tire.
The lawsuit also states that Chuy’s did not warn the family about the other worn-out tire treads when it was their responsibility to mention it following the inspection.
Chuy’s Denies All Allegations and Refuses to Accept Liability
Chuy’s filed a response to the allegations earlier, stating that their business is not responsible for the accident and that any damages arising from the accident should be apportioned between the driver and the Ford Motor Company. However, the court dismissed Ford Motor Company from the case in 2018.
Defective Tire Accidents in the United States
According to the National Highway Traffic Safety Administration, there are 11,000 vehicle accidents and 200 deaths annually from tire failure, defective tires, and tire blowouts.
Between 2000 and 2015, one in every 270 vehicle crashes happened due to tire failure.
What Is a Tire Tread Separation Accident?
A tread separation is when the tire’s tread, the outer part of the tire that provides grip, starts to come off the tire’s body. A tire tread separation at high speeds can result in a catastrophic accident, in most cases, causing the vehicle to roll over.
If an accident occurs because of tire tread separation, accident victims may be able to hold the tire manufacturer or other parties responsible for their loss.
Elements of a Defective Tire Case
To have a successful tire defective case, an accident victim must prove the following:
- The plaintiff suffered injuries
- The tire was defective
- The defect resulted in the plaintiff’s injuries
- The plaintiff used the product as intended.
These days, vehicles have steel belted radial tires with a steel wire mesh between the tread and the tire body. Tires are complex products, and there is a need for a detailed understanding of how tires work, their manufacturing process, and more.
Working with a personal injury attorney with extensive experience litigating tire defect cases is crucial to help establish the elements of a defective tire case.
Who Is Responsible for a Tire Blowout Case?
The party liable for injuries from tire blowouts depend on who or what caused the collision.
Injured parties may be able to hold tire manufacturers or retailers for damages caused by faulty tires if:
- The was a manufacturing defect in the tire
- The tire manufacturers fail to do tire recalls for defective tires
- The retailer fails to carry out proper quality control, including inspecting worn tires, improperly fitting a tire, and fitting a wrong-sized tire in a vehicle.
Schedule a Free Consultation with Ehline Law
If you suffer from serious injuries in a car accident due to a faulty tire or retailer’s negligence, contact us at (833) LETS-SUE for a free consultation, as you may be eligible for compensation.
Our attorneys will investigate how the crash happened, gather evidence, bring legal action against the negligent party, and negotiate a fair settlement with the insurance company.