A tire blowout or sudden loss of tread doesn’t automatically prove a tire was defective. Establishing a tire-defect accident claim generally requires evidence showing what failed, why it failed, and whether that failure contributed to the crash.
Potential causes may include a manufacturing or design defect, inadequate warnings, improper installation, poor maintenance, underinflation, overloading, road damage, or a combination of factors. Because damaged tires can be discarded or altered quickly, preserving the tire and vehicle may be important to a later investigation.
Key takeaways
A tire may be defective when a problem with its design, manufacture, labeling, instructions, or warnings makes it unreasonably dangerous when used as intended or in a reasonably foreseeable way. Possible problems include:
Not every flat, blowout, or tread separation comes from a defect. Investigators may also examine tire pressure, tread depth, age, previous repairs, impact damage, vehicle alignment, loading, and maintenance history.
Responsibility depends on the source of the failure and the available evidence.
Tire manufacturer. May be examined if the tire contained a manufacturing problem, had an unsafe design, or was distributed without adequate instructions or warnings.
Tire seller or distributor. May become relevant when questions involve the tire’s condition, storage, recall status, age, or representations made during the sale. Nebraska law defines a product-liability action broadly as an action against a manufacturer, seller, or lessor for physical harm resulting from matters such as a product’s design, manufacture, assembly, testing, labeling, instructions, or failure to warn — though the applicable theory and available defendants still depend on the facts. (Neb. Rev. Stat. § 25-21,180.)
Installer or repair shop. May be examined if the accident may have involved incorrect installation, improper mounting, inadequate tightening, a faulty repair, or a failure to identify a visible safety problem.
Vehicle owner or driver. Maintenance and use may also be considered — insurers or others may argue that underinflation, excessive wear, overloading, continued use after a warning, or failure to replace an aging tire contributed. A maintenance issue doesn’t by itself resolve whether the tire was defective; technical examination may be needed to determine how the factors combined.
The tire itself may be the most important physical evidence. If possible, it shouldn’t be discarded, repaired, altered, or returned to a tire company before appropriate guidance is obtained. Other potentially useful evidence includes:
NHTSA lets consumers search for tire and equipment recalls. A recall can be relevant but doesn’t automatically establish that a particular tire caused an accident, and the absence of a recall doesn’t prove the tire was safe.
A qualified investigator may examine the tire’s internal structure, separation pattern, wear, age, repairs, punctures, impact marks, and remaining tread, and the vehicle and scene may provide additional information. Questions may include:
These often require more than photographs — inspection by a person qualified to evaluate tire failures may be necessary.
It can, depending on the legal theory and facts. Nebraska’s comparative-negligence statute generally provides that negligence attributed to a claimant reduces an award proportionally, and recovery is barred when the claimant’s negligence is equal to or greater than the total negligence of the parties they’re recovering from. However, Nebraska law recognizes that claimant negligence isn’t applied identically to every legal theory, including certain strict-liability claims, so the specific claims and defenses should be reviewed individually. (Neb. Rev. Stat. § 25-21,185.09.)
Nebraska generally requires a product-liability action to be started within four years after the complained-of death, injury, or damage occurs, and the statute also contains a statute of repose based partly on where the product was manufactured — generally a ten-year period after a Nebraska-manufactured product was first sold or leased for use, with different repose rules for products manufactured elsewhere. (Neb. Rev. Stat. § 25-224.) These deadlines can be complicated, particularly with older or used tires. Don’t assume the four-year period always controls or wait until the deadline approaches — physical evidence and electronic records may disappear much sooner.
After addressing immediate medical and safety needs, consider:
These steps don’t establish that a valid claim exists — they help preserve information needed to determine what happened.
1. Can I pursue a claim if no other vehicle was involved?
Possibly. A single-vehicle crash may still involve a potential claim if a defective tire, improper installation, negligent repair, or another product-related problem contributed to the driver losing control. The available evidence must connect the suspected problem to the accident and resulting injuries.
2. What if the defective tire was installed on a used vehicle?
Buying a used vehicle does not automatically prevent a claim. Investigators may need to determine who manufactured and sold the tire, when it was installed, whether it had been repaired, and how it was maintained by previous owners.
3. Can a passenger bring a claim after a tire-failure accident?
An injured passenger may have potential claims against one or more responsible parties. Depending on the circumstances, those parties could include a driver, vehicle owner, tire manufacturer, seller, installer, repair provider, or another party whose actions contributed to the crash.
4. What if the tire was recalled after the accident?
A later recall may provide information relevant to the investigation, but it does not automatically prove that the recalled condition caused the accident. The tire, recall documents, manufacturing information, and circumstances of the failure would still need to be examined.
5. How can I determine the age of a tire?
The tire’s identification number generally includes information about when it was manufactured. On many tires, the final four digits identify the manufacturing week and year. Because identification formats and tire conditions can vary, the number should be documented carefully and reviewed with other available records.
6. Can I still make a claim if the tire has already been discarded?
The loss of the tire may make the investigation more difficult, but other evidence could remain available. Photographs, videos, repair invoices, towing records, witness accounts, police reports, maintenance records, and communications with the tire shop or insurance company may help explain what happened.
7. What if the accident involved a rental, leased, or company vehicle?
Additional parties and records may be involved. Rental companies, leasing companies, employers, fleet operators, maintenance providers, and tire installers may possess inspection, service, replacement, or vehicle-use records relevant to the tire’s condition.
8. Will automobile insurance cover a tire-defect accident?
Available coverage depends on the policies, the cause of the accident, the people injured, and the property damaged. Coverage may involve liability insurance, medical-payments coverage, collision coverage, uninsured or underinsured motorist coverage, or policies held by potentially responsible businesses. Policy terms and exclusions should be reviewed individually.
9. Can a claim involve both another driver and a defective tire?
Yes. More than one factor can contribute to an accident. For example, another driver’s conduct may help cause the initial emergency while a tire failure contributes to the driver losing control. Investigating all potential causes may help identify the parties and insurance policies involved.
10. What types of losses may be considered in a tire-defect accident claim?
Depending on the facts and applicable law, a claim may involve medical expenses, lost income, reduced earning capacity, property damage, physical pain, and other accident-related losses. The types and amounts of recoverable damages depend on the available evidence, insurance coverage, legal theories, and circumstances of the injuries.
Tire-defect accidents may raise questions about what caused the tire to fail, whether the tire was subject to a recall, and whether a manufacturer, seller, installer, repair shop, or another party may be responsible. Answering these questions may require examining the tire, vehicle, accident scene, maintenance history, installation records, and circumstances surrounding the crash.
Evaluating a potential claim may involve reviewing photographs, the police report, witness information, tire purchase and service records, the tire identification number, recall information, medical records and bills, lost-income documentation, and communications with the insurance companies. Preserving the damaged tire, wheel, and vehicle may also be important because this physical evidence can help investigators determine whether the failure resulted from a defect, improper installation, inadequate maintenance, road damage, or a combination of factors.
If you were injured in an Omaha car accident involving a suspected tire failure, Inkelaar Law can help you understand the factors that may affect your situation. The firm can also discuss potentially responsible parties, available insurance coverage, evidence that may need to be preserved, and the legal deadlines that may apply under Nebraska law.
You may contact Inkelaar Law to request a free consultation.
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Disclaimer: The information in this article is intended for general educational and informational purposes only. It is not legal advice and should not be interpreted as legal advice for any specific situation. Reading this content does not establish an attorney–client relationship. If you have questions about your circumstances or need guidance on a legal matter, consider consulting with a licensed attorney in your state.
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