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Scottsdale Injury Lawyers Hired to Represent Mother and Son Involved in Rollover Car Accident Caused by Tire Blowout

By: Scottsdale Injury Lawyers LLC June 13, 2019 no comments

Scottsdale Injury Lawyers Hired to Represent Mother and Son Involved in Rollover Car Accident Caused by Tire Blowout

Scottsdale Injury Lawyers was recently hired to represent a mother and son who were involved in a rollover accident in Arizona. The mother and son were traveling to California on vacation. They were both passengers in a car driven by a family friend. As the vehicle was passing through La Paz County, a tire on the car “blewout.” As a result, the driver lost control of the car causing it to flip and come to rest in the median.

The car was a 1998 Lexus sedan. The mother and son were lucky to survive. The mother was partially ejected from the car and when the car came to rest her upper torso was outside the vehicle. The mother and her son were extracted from the car and then attended to by emergency medical providers. The mother and son were then taken by ambulance to a local hospital for their injuries.  

Arizona’s Basic Speed Law

The driver was cited for a violation of Arizona Revised Statute 28-701(A). This Statute is Arizona’s Basic Speed Law. It sets forth “A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the circumstances, conditions and actual and potential hazards then existing. A person shall control the speed of a vehicle as necessary to avoid colliding with any object, person, vehicle or other conveyance on, entering or adjacent to the highway in compliance with legal requirements and the duty of all persons to exercise reasonable care for the protection of others.”

This statute basically holds that a person may never drive a vehicle at an unsafe speed. This is regardless of what the posted speed limit is. In other words, even if someone is driving under the speed limit, they may still be in violation of this law. Just because a driver is travelling less than the posted speed limit, does not mean that it is safe to do so. Every factor must be considered. For example: what are the traffic conditions, what are the weather conditions, are there any hazards that may make driving the posted speed limit unsafe, is the vehicle hauling a load, is the vehicle using a spare tire, is the vehicle in a construction zone, etc.

Tire Blowouts and How to Avoid Them

With respect to the tire “blowout,” it is known that tire blowouts are especially troublesome in Arizona. This is because of Arizona’s arid climate and extreme temperatures. These conditions can contribute to tires aging and degrading sooner than normal. The rubber, from which the tires are made, simply dries out faster and deteriorates quicker than in less extreme environments.

Experts agree that even unused tires can deteriorate.

Experts agree that every tire has a shelf life. Some experts say that any tire six years or older must be replaced. Even unused tires, sitting on a shelf, undergo deterioration due to air exposure and the natural elements. A spare tire, that has never been used but that has been stored in a vehicle for several years, is anything but new. In fact, it is old and may be compromised and unsafe based upon its age.

More alarming, is that several tires sold by retailers and tire shops as “new” are not. These tires may have sat in their inventories for years after the manufacture dates. The manufacture date of a tire is so critical that it is required by law that it be affixed to every tire. Tires are required to have a Department of Transportation date code or identification number. The date code or number start with DOT and is then followed by four numbers. Those four numbers specify the week and year of manufacture. For example, “DOT 5114” would signify that the tire was manufactured in the 51st week of the year 2014.

Tire with Department of Transportation Code Showing date of manufacture
The above shows this tire was manufactured in the 19th week of 2017.

It is critical to examine these numbers when purchasing “new” tires. If the date code or identification code of a tire, is several years old, you are not getting a new tire at all and using the tires may be dangerous. To learn more about tire labeling dates, click the below video to watch an investigative journalist piece discussing the same.

The attorneys at Scottsdale Injury Lawyers recommend taking your vehicle for a tire inspection before going on any road trip. If you are going on a trip longer than 100 miles, then you should get a pre-trip tire safety inspection. Discount Tire has several locations throughout Scottsdale and the greater Phoenix area and will do it free of charge. They will even inflate your tires to proper specifications. A pre-tire safety inspection will help keep your family safe and may prevent you and your loved ones from suffering serious injuries due to a tire blowout.

Dangerous Tire Recalls

Another way to protect against a dangerous tire blowout is to make sure that the tires you are using are not recalled. Tire manufactures regularly recall tires upon learning that they are unsafe or that there is a product defect. However, despite tires being recalled, many retailers and tire shops never learn about the recall or care about it. These retailers and shops continue to sell dangerous recalled tires to unsuspecting consumers.

In addition, even if a tire was deemed safe when purchased, it can later be recalled. Once a tire is recalled, the person who bought it may never learn about it. Instead, these individuals will continue to drive at high rates of speed on tires that are literally ticking time bombs. Once a blowout occurs, it is very difficult to control a vehicle. Even the most experienced and skilled drivers are unable to do so. A tire blowout, at a high rate of speed, often times leads to severe car crashes and horrible injuries.

Click the following video to learn more about the dangers and issues associated with recalled tires.

The attorneys at Scottsdale Injury Lawyers suggest the following to protect you and your loved ones from an injury caused by a recalled or dangerous tire:

  1. Check your tires to see if they are subject to a recall. Once you have the make and model, go to the manufacturer’s website to see if the tire is subject to recall.
  2. Check to see if your tires are subject to a federal recall by searching through the National Highway Traffic Safety Administration database at https://www-odi.nhtsa.dot.gov/owners/SearchSafetyIssues
  3. Register your tires with the manufacturer so you receive recall notices. Update the manufacturer with new contact information every time it changes.
  4. Register your tires with the U.S. Tire Manufacturers Association at https://recallinfo.ustires.org/ as a back-up way of receiving recall notices.

If you take proper precautions, you can help prevent you and your loved ones from suffering serious injuries due to a crash resulting from a tire blowout. In the unfortunate situation where you or a loved ones is injured due to a tire blowout, contact the attorneys at Scottsdale Injury Lawyers today. Our attorneys have experience handling product defect and auto defect claims and can help you and your loved ones recover for your injuries.

About the author: The content on this page was written by Scottsdale civil rights lawyer and personal injury attorney Tony Piccuta. Piccuta graduated with honors from Indiana University-Maurer School of Law in Bloomington, Indiana (Ranked Top 35 US News & World Report 2018).  Piccuta took and passed the State bars of Arizona, California, Illinois and Nevada (all on the first try). He actively practices throughout Arizona and California. He is a trial attorney that regularly handles serious personal injury cases and civil rights lawsuits. He has obtained six and seven figure verdicts in both state and federal court. He has been recognized by Super Lawyers for six years straight. He is a member of the Arizona Association of Justice, Maricopa County Bar Association, Scottsdale Bar Association, American Association for Justice, National Police Accountability Project and Consumer Attorneys of California, among other organizations.

Disclaimer: The information on this web site is for informational purposes only and does not constitute legal advice. Reading and relying upon the content on this page does not create an attorney-client relationship. If you are seeking legal advice, you should contact our law firm for a free consultation and to discuss your specific case and issues.

Sources:

[1] https://www.azleg.gov/ars/28/00701.htm

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