This is called a “products liability” lawsuit, because the product (i.e., the SUV) is negligently designed and constructed. You are entitled to recover all of your medical bills, lost wages, pain and suffering, disfigurement, loss of or impairment to a limb, andother injuries you suffered in the rollover.

If you have been injured in an SUV rollover accident, you should contact an experienced personal injury lawyer as soon as possible. The lawyer must begin his or her investigation of the events leading up to the rollover as soon as possible, get the SUV inspected before crucial evidence is lost, make sure that evidence is properly preserved and help you get the medical attention you need and deserve.

Since 2000, there are have been several major recalls of millions of tires. For  instance, in the early 2000s, there were massive recalls of more than 15 million tires of several types of Bridgestone and Firestone tires (Bridgestone owns Firestone), especially those put on the Ford Explorer SUV, which resulted in a number of crashes, especially rollovers, killing and seriously injuring hundreds of motorists. For example, Firestone’s Wilderness AT tire lacked proper adhesion between the steel belts and the surrounding rubber. Firestone failed to use gum edge strips, nylon overlays or caps, or other safeguards to reduce the possibility of tread separation.
Causes of traffic injuries and deaths due to faulty tires include:

Tread separationTire failureTire blowoutTire or rim explosion

Domestic and foreign manufacturers alike have made and marketed defective tires that have resulted in crashes, personal injuries, and wrongful deaths. However, tires made overseas (such as in China) may not be as safe as those made in the United States. Tires are not designed to last forever, even though you may drive only a few thousand of miles each year. Rubber degrades over time, and mechanics recommend that you put on new tires every five or six years even though there may be plenty of tread left on the tire.

When a tire is made, the base part of the tire is built first and then through various chemical and heating processes, steel belts are imbedded in the tire, and finally the tread is applied. Steel-belted radial tires are especially prone to tread separation. When the tread separates the driver may lose control of the vehicle, even when the tire does not lose pressure. Tread separation is usually due to some problem in the manufacturing process. The tire may be designed defectively or constructive carelessly. The manufacturer may use rubber that is too old and dry, miss warning signs during final inspection, use petroleum solvent before vulcanization, and cure moisture into the tire. Although tread separation usually occurs with a tire several years old being driven at a fairly fast speed, there have also been cases of brand new tires separating while being driven at slower speeds, such as 15 or 20 mph. Of course, the faster you are driving when you experience a tire failure due to tread separation or blowout, the more likely the chances that you will be seriously hurt or even killed.

When a radial tire loses its tread, the body (“carcass”) of the tire usually quickly experiences a blowout. The sudden loss of pressure in the tire makes it difficult for the driver to maintain control over the vehicle, and the vehicle may turn sideways. The sideways motion of the vehicle causes the bead of the tire to separate from the rim, causing the metal rim to dig into the asphalt or concrete surface of the roadway and pitch the car into a roll.
A report from the National Highway Safety Administration revealed that tread separations reduced the ability of drivers to control their vehicles, especially when the tire failure occurs on a rear tire at a high speed. The report also found that there is a much higher likelihood for death, injury, and crashes when the tread separation occurs on a SUV than on a pickup truck.

Underinflation of the tires can be a contributing factor in tread separation. Therefore, it is up to the car’s owner to see that the air pressure in the tires meets the manufacturer’s standards, which are normally found on the doorjamb of the driver’s door. Underinflation can occur by air escaping through the rubber, or leaks at interfaces of the tire with the wheel and valve stem.

You can avoid some tire failures by simply visually inspecting your tires once a month. Things to look for include cracking or cuts in the sidewalls; uneven treat wear; excessively worn tread; bulges or blisters; and excessive vibration while driving. An inexpensive tire-gauge can be purchased at your local auto store, and used every month to ensure that your pressure is within the manufacturer’s recommendation. Be sure to measure tire pressure when the tires are cold. Tires are considered cold if they have not been driven in the preceding three hours.

Also, underinflation of a tire means that the sidewall flexes more, making it more difficult to control the vehicle. A sidewall that flexes too much can also cause heat to build up excessively, which can shorten a tire’s life and possibly lead to a tread separation or blowout. Another incentive to and advantage of keeping your tire pressure at the manufacturer’s recommendations is that you will get optimal fuel mileage if you fill your tires to the manufacturer’s specifications.

Because a tire is a product, the law of strict products liability applies to cases involving injuries or deaths caused by a tire failure. It is not necessary to prove any specific act of carelessness (“negligence”) on the part of the manufacturer, distributor, or retailer. You need prove only that the tire was defective and that defect caused or contributed to your injuries or your loved one’s death.

The recall includes the following Toyota Models:

• 2007-10 Toyota Camry
• 2005-10 Toyota Avalon
• 2004-09 Prius
• 2005-10 Toyota Tacoma
• 2007-10 Toyota Tundra
• 2007-10 Lexus ES350
• 2006-10 Lexus IS250/350.

In August of this year, a fatal accident involving a California Highway Patrol officer and his family prompted an immediate investigation into the possibilities of a defective gas pedal in Toyota cars.  This particular crash involved a 2009 Lexus ES350 where the accelerator was stuck.  The car couldn’t be stopped and reached speed of 120mph just before striking an embankment, rolling over and bursting into flames.

Defective Products and Product Liability

The basic laws of product liability and consumer safety include the protection of the public from a manufacturer or supplier that produces a product that can injure someone.  While the theory’s of product liability and dangerous product protection can involve determining the type of defect and proving it; a strict liability for dangerous product manufacturing and supplying may also apply. Such strict liability may apply to a commercial supplier or manufacturer if the defect makes the product unreasonably dangerous.  To learn more about product liability, visit our dangerous product information center.