Tires that have not been properly maintained on a motor vehicle can be the cause of a variety of accidents where victims are permanently harmed or killed as a result.  Particularly when the vehicle is being driven at a high rate of speed, any failure in a tire can cause the driver to lose control with deadly consequences. 

Under the state laws of Indiana and Illinois, both the owner of the vehicle as well as the driver involved in the collision may be legally liable for any tire failure that contributed to an accident. In some instances, as for example the ridesharing ordinances enacted by the City of Chicago, there may be municipal regulations that also apply which may define liability in the event of tire failure crashes, as well.  For more, read:  Uber Accidents in Chicago: The Growing Danger of Serious Injury in an Uber Rideshare Car Crash and Lyft Accidents in Chicago: Liability for Ridesharing Car Crash Injuries.

Duty of Care for Owner or Driver: Tire Maintenance

There are five (5) key issues regarding tire maintenance and safety, according to the National Highway Safety and Traffic Administration (“NHTSA”).  Both the owner of the motor vehicle, as well as the driver who is operating the car, truck, SUV, minivan, etc. on public roadways, has a legal duty to make sure that the tires are properly maintained before operating the motor vehicle.  

As described by NHTSA, the duty of care for tire maintenance includes the following: 

1] Tire Pressure

The internal air pressure of a tire on a motor vehicle is measured in either kilopascals (kPA) and/or pounds per square inch (PSI or psi).  

Owners and drivers can confirm the proper tire pressure by checking the vehicle’s owner manual or the tire information label placed by the car manufacturer on the driver’s inner doorframe. Before driving, each tire should have the appropriate amount of air pressure. 

2] Tire Tread

The tread of a tire allows the tire to grip its path surface and get traction on the roadway.  Slippery tires with insufficient tread cannot get the necessary grip to gain traction, making them dangerous to have on the vehicle.  Tires with insufficient tread will slip on the roadway, especially in rain or snow or icy weather conditions. 

Drivers and owners can make sure tire treads are safe by confirming each tire has a trend that is greater than 2/32 of an inch.  This can be done by checking the tire’s “treadwear indicator,” which is a raised section within the tread.  If it is level with the tread indicator, the tire is not safe to use.  Another way to check tire tread is by placing a penny in the tire’s tread, with Lincoln’s head upside down and facing the owner or driver.  If the top of Lincoln’s head can be seen, then there is insufficient tire tread.

3] Tire Rotation

Rotating tires to different positions or wheels on the motor vehicle will help lessen irregular wear patterns on the tires, making them safer to drive for a longer life span. 

Owners and drivers can refer to the vehicle’s owner manual for instruction from the manufacturer on the frequency for tire rotation, as well as if there are special concerns pertaining to the vehicle regarding tire rotation cycles.  As a general rule, passenger vehicles (sedans, SUVs, minivans, etc.) will need tire rotation every 5000 – 8000 miles.

4] Tire Balance and Alignment

Balancing involves a qualified mechanic or tire expert checking all the tires on the motor vehicle to make sure each wheel is rotating as it should.  Improperly balanced tires can cause the entire vehicle to shake or shimmy when driven, and this can contribute to an accident.  Tire alignment works to make sure each wheel aligns on the vehicle for a proper driving path: improperly aligned tires will automatically veer to one side of the road, right or left, as the vehicle is being driven.  Improper alignment can also contribute to a vehicular collision. 

Owners and drivers can make sure the motor vehicle has proper tire balance and alignment by taking the motor vehicle for servicing where experts have both the knowledge and the equipment to make sure the tires are properly balanced and aligned. 

5] Tire Size

Each vehicle manufacturer determines the appropriate tire size for that particular make and model, and includes this information in the owner’s instruction manual as well as the tire information label placed on the inside edge of the driver’s door.  Tires that are the wrong size on a motor vehicle can be dangerous for its operation at any speed.

Owners and drivers can confirm that the tires on the motor vehicle jive with the size recommendations found in the instruction manual prepared by the manufacturer or in the driver’s door Tire and Loading Information Label.  Tires that are too large or too small for the motor vehicle should be removed and replaced with tires that are the recommended size before the vehicle is driven. 

Accidents Caused by Failure in Tire Duty of Care

Motor vehicles operating on the roads of Indiana or Illinois at any rate of speed are in danger of a serious accident if they are being driven with tires that have been neglected and not maintained.  Tire failures result from owners and drivers who do not perform proper tire maintenance.  For instance:

• Tires with little if any tread left can slip, slide, or skid on the road surface with the driver losing control and causing a crash;
• Tires with insufficient tread can also break apart, with the vehicle “throwing tire tread” into the roadway – sometimes at a high rate of speed, which can cause that vehicle to crash as well as causing others to have accidents on the road as they try to avoid the flying pieces of tire in their path; and
• Tires with too little air pressure, or tires that have been overly inflated, can literally explode on the road as the vehicle is being driven, causing a “blowout” that can lead to the driver losing control of the vehicle and causing an accident. This is especially true in the hot summer months when road surfaces can rise to extreme temperatures, exacerbating the likelihood of a tire exploding due to a failure to have proper air pressure. 

The Special Risks of Failure in Duty of Care for Semi-Truck Tires

Of particular concern regarding tire maintenance of vehicles operating in our part of the country are those tires that are found on a great number of large commercial trucks that share our roadways here in the “Crossroads of America.”   Truck drivers and truck owners both have a duty to make sure the tires on these huge machines are safe for driving, and while tire maintenance (e.g., tread, air pressure, rotation, size, balance and alignment) applies to semi-trucks as well as other types of motor vehicles, the concerns for semi-truck tires are of great importance.

Tire failure involving a heavy commercial vehicle involves the potential loss of control of the rig and a heightened risk of a serious or fatal semi-truck crash.  Factors include the length and weight of the semi-truck (big rig, tractor trailer, 18-wheeler); the longer time necessary to brake or stop the rig; and the risk of jackknives, rear-end collisions, or other crashes due to the truck’s particular characteristics.   For more, read:  

• Different Types of Fatal Semi-Truck Accidents and Tractor-Trailer Crashes;
• Jackknife Semi-Truck Crash: Deadly Danger on Indiana and Illinois Roads;
• Commercial Truck Crashes: FMCSA’s New Study Because of Rising Number of Fatal Semi-Truck Accidents.

Victims of Accidents Where Tire Failure Caused a Serious or Fatal Crash in Indiana or Illinois

Accident victims and their loved ones may have avenues for justice available to them under the personal injury and negligence laws of the states of Indiana and Illinois.  Depending upon the particular circumstances, both the driver and the owner of the motor vehicle may have legal liability for the tire failure accident and its consequences.  In some situations, product liability laws may come into play if there is evidence of a defective tire product or tire design. 

Victims and their loved ones may be able to pursue claims for damages that include immediate and long-term medical expenses; lost wages; lost earning capacity; pain and suffering; and more.  In fatal crashes, wrongful death damages as defined by the laws of Indiana and Illinois may be available.

For many drivers, it may be easy to overlook the need to make sure that each tire on the motor vehicle they are operating is properly maintained and fit for driving.  However, the failure in the duty of care to make sure each tire is safe before taking to the road can be the cause of a tragic fatal crash, where that driver, his or her passengers, as well as the drivers and occupants of other vehicles on the road perish because of a failed tire.

For more, read:

• Heat and Tires:  Summer Heat and Fatal Crashes Caused by Tire Blowouts
• OIG Criminal Investigation into Deadly and Defective Goodyear Never-Recalled G159 RV Tires
• Tires Cause Crashes: Air Pressure and Under-Inflated Tires are Dangerous
• Old Tires Can Cause Serious Accidents and Even Death
• The Lesson of Recent Tragic Passenger Van Crash in Indiana: Bald Tires and Rollovers.

Tire maintenance is important for the safety of everyone on the roads of Indiana and Illinois. Please be careful out there!