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Two Tires Done Wrong - Legal Claims
Hydroplaning wrecks can be among the most devastating on the road, especially as the risk of such accidents grow exponentially as speed increases. Spinal cord injuries, severe brain injuries and other disabling conditions are common. As stated in our video introduction, far too many of these cases are ignored because they involve one car wrecks or cases in which the most injured party is thought to be at fault. Often these cases are not pursued because there is not enough insurance to cover the catastrophic nature of the spinal cord or brain injuries.
Failing to properly investigate the tire installation facts in a hydroplaning or fishtailing wreck is a huge mistake. As stated in these pages, all manufacturers recommendations state that the new tires should go on the back. If new tires are installed on the front (the myth as to what should be done) the sellers or installers of such tires are clearly liable for all injuries. The facts of what should be done is so clear cut, that the defense of these cases if often quite meek.
While the legal community is just beginning to become aware as to the legal responsibility for such wrecks, there have been several large settlements against installers.
In a confidential California case, the plaintiff's vehicle lost control in a puddle of water, resulting in a rollover and rendering the plaintiff a quadriplegic. While all of the tires on the plaintiff's car had adequate tread, the defendant sold the plaintiff two new tires just before the accident, and installed them on the front. This was a violation of the defendant's company policy. The case settled for $8.5 million.
In a case against Costco and General Motors that settled for $10,000,000, Costco had installed the two new MIchelin tires on the front and the General Motors dealer had inspected the tires just before the accident and didn't detect the misplacement or was aware of the manufacturer's recommendations.
To win a legal case, it is essential that the tires be inspected while the vehicle is still in available, so immediate action is best. If there are new tires on the front and not the back, a clear cut claim can be made.
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©Gordon S. Johnson, Jr. 2008