Tire Defects and Car Accidents
Tire blowouts, tread separation, and sidewall failures that cause NC crashes. How to prove a tire defect caused your accident and who can be held liable.
The Bottom Line
Tire failures at highway speed are among the most terrifying and dangerous vehicle defects. A sudden blowout or tread separation at 70 mph can cause a complete loss of vehicle control, rollovers, and multi-vehicle crashes. Claims may target the tire manufacturer, the vehicle manufacturer that specified the OEM tire, or the retailer or installer who sold you the tire. Preserving the failed tire is the single most important thing you can do to protect your claim.
Types of Tire Defects
Not all tire failures are the same. Different types of defects have different causes, different failure modes, and different evidence requirements. Understanding the specific type of failure is the first step in determining whether a defect -- rather than road conditions or driver error -- caused the accident.
Tread Separation
Tread separation occurs when the outer tread layer of the tire peels away from the underlying belt structure while the tire is in use. This is one of the most dangerous tire defects because it typically happens at highway speed and causes an immediate and violent loss of vehicle control.
Tread separation is most commonly caused by inadequate adhesion between the steel belts and the rubber during the manufacturing process, contamination (such as moisture or debris) introduced during production, or degradation of the bonding materials over time. The Firestone tire recall of 2000 -- involving tread separation on Ford Explorer vehicles that led to rollovers and more than 270 deaths -- brought this defect into national attention.
When tread separates, the driver typically feels a sudden vibration followed by a loss of steering control. The separated tread can wrap around the wheel well, jam the suspension, or become road debris that strikes following vehicles.
Sidewall Blowouts
A sidewall blowout is a sudden rupture of the tire's sidewall -- the vertical portion between the tread and the bead. Because the sidewall is thinner and more flexible than the tread area, it is vulnerable to manufacturing defects in the rubber compound, improper curing during manufacturing, and fatigue from age or overloading.
Sidewall blowouts cause an immediate and total loss of air pressure. At highway speed, the resulting rim contact with the pavement and asymmetric drag can pull the vehicle sharply to one side, making it nearly impossible to maintain control.
Bead Failures
The tire bead is the inner edge of the tire that seats against the wheel rim. It is reinforced with steel wire and coated with rubber. A bead failure causes the tire to unseat from the rim, resulting in rapid air loss. Bead failures can result from manufacturing defects in the bead wire or rubber coating, improper mounting by the installer (using excessive force or improper equipment), corrosion of the bead area from exposure to moisture, or using tires on rims they were not designed to fit.
Belt Separation
Belt separation is similar to tread separation but involves the internal steel belts separating from each other rather than the tread peeling from the belt. This defect may not be visible from outside the tire. Early signs include a rhythmic thumping or vibration that worsens with speed. If the belt separation progresses, it can lead to sudden tire failure.
Improper Vulcanization
Vulcanization is the heat-and-pressure curing process that gives tire rubber its strength and durability. If the vulcanization process is improperly controlled -- wrong temperature, wrong pressure, or wrong duration -- the rubber may not cure correctly. This can result in weak spots in the tire that are prone to failure under normal use. These defects are invisible from the outside and can only be detected through forensic analysis after a failure.
Aged Tires
Tire rubber degrades over time through a chemical process called oxidation, regardless of how much tread remains or how often the tire has been used. A tire that has been sitting on a warehouse shelf for five years before being sold as "new" may have significantly compromised rubber integrity. This is sometimes called the "born-on date" issue.
The DOT code on the tire sidewall indicates when the tire was manufactured. The last four digits represent the week and year of production. For example, a DOT code ending in "1519" means the tire was manufactured in the 15th week of 2019. Consumers should check this code when purchasing tires and reject tires that are more than a few years old.
How Tire Defects Cause Accidents
Tire failures are particularly dangerous because they typically happen at the worst possible time -- when the vehicle is traveling at highway speed. The physics of a tire failure at high speed create multiple hazards simultaneously.
Sudden Loss of Vehicle Control
When a tire fails -- whether through blowout, tread separation, or bead failure -- the vehicle's handling characteristics change instantly and dramatically. The driver experiences a sudden pull to the side of the failed tire, a loss of braking effectiveness, reduced steering response, and in many cases a loud bang or explosion that causes a startle response. Even experienced drivers struggle to maintain control during a high-speed tire failure.
Rollover Risk
Tire failures significantly increase rollover risk, particularly for vehicles with a higher center of gravity. SUVs, pickup trucks, and vans are especially vulnerable. When a rear tire fails on an SUV at highway speed, the resulting handling instability can trigger a rollover that would not occur in a sedan. The Ford Explorer/Firestone tire cases demonstrated this risk on a massive scale. The combination of a specific tire defect with a specific vehicle's handling characteristics created a rollover epidemic.
Debris Hazards
When a tire sheds its tread on a highway, the resulting debris becomes a hazard for every vehicle behind it. Large pieces of tire tread -- commonly called "road gators" -- can strike following vehicles, penetrate windshields, or cause following drivers to swerve and lose control. These secondary accidents caused by tire debris can support claims against the tire manufacturer even when the debris-generating vehicle is not directly involved in the resulting crash.
NC Highway Corridors and Tire Failure Risk
North Carolina's major interstate corridors see high-speed tire failures regularly, and the characteristics of these roads compound the danger.
- I-40 stretches 420 miles across the state from Wilmington to the Tennessee border. Long stretches through rural eastern NC and the mountain grades in the west are particularly hazardous locations for tire failures, where the nearest exit or shoulder may be miles away.
- I-85 carries heavy traffic between Charlotte, the Triad, and Virginia. Summer heat on this corridor accelerates tire rubber degradation, and the high traffic volumes mean a tire failure affects many surrounding vehicles.
- I-95 runs through eastern NC and is the primary north-south corridor on the East Coast. Heavy truck traffic on this route means tire debris from commercial vehicle failures is a constant hazard.
- I-77 connects Charlotte to Virginia through hilly terrain. The combination of grades, curves, and speed creates conditions where a tire failure is more likely to result in loss of control.
- US-74/I-74 connects Charlotte to Wilmington and is another high-speed corridor where tire failures at highway speed create serious risks.
Proving a Tire Defect Caused Your Accident
Tire defect cases turn on physical evidence and expert analysis. Proving that a manufacturing defect -- rather than a road hazard, underinflation, overloading, or driver error -- caused the failure requires a methodical approach.
Preserving the Failed Tire
This cannot be overstated: the failed tire is the most important piece of evidence in your case. Without it, proving a defect is extraordinarily difficult and may be impossible.
Tire Forensic Examination
A tire forensic expert examines the failed tire to determine the cause of the failure. This analysis can distinguish between:
- Manufacturing defects -- identified by patterns of internal separation, contamination in the rubber layers, improper curing characteristics, or bead wire defects
- Road hazard damage -- identified by puncture marks, impact breaks, cuts, or foreign object penetration
- Age-related degradation -- identified by cracking in the rubber compound, oxidation patterns in the inner liner, and reduced adhesion between layers
- Abuse or neglect -- identified by evidence of chronic underinflation, overloading, or running on a flat
The expert will section (cut) the tire to examine internal structures, analyze the rubber compound, photograph the failure patterns under magnification, and compare findings against the tire's design specifications and industry standards.
DOT Code and Age Analysis
The DOT code on the tire provides the manufacturing date, which is essential for age-related failure claims. If the tire was old at the time of purchase or old at the time of failure, the age analysis supports a claim that rubber degradation contributed to the failure. This is particularly relevant when the tire had adequate tread depth but failed anyway -- a strong indicator that the failure was age-related rather than wear-related.
Distinguishing Defect from Road Hazard
The tire manufacturer's primary defense in most cases is that the failure was caused by a road hazard (hitting a pothole, running over debris, striking a curb) rather than a manufacturing defect. The forensic examination is designed to answer this question, but the analysis depends on having the physical tire. Photographs alone are usually insufficient.
Who Can Be Held Liable
Tire defect claims can involve multiple parties in the chain of manufacture and distribution. Identifying all potentially liable parties is important because it expands the available insurance coverage.
The Tire Manufacturer
Major tire manufacturers -- Goodyear, Bridgestone/Firestone, Michelin, Continental, Hankook, and others -- can be liable for defects originating in their design or manufacturing processes. This includes tread compound formulation errors, belt adhesion failures, vulcanization defects, and quality control failures that allow defective units to reach consumers.
The Vehicle Manufacturer
When a vehicle is sold with OEM (original equipment manufacturer) tires, the vehicle manufacturer selected and specified those tires for the vehicle. If the specified tire is inadequate for the vehicle's weight, speed rating, or intended use -- or if the vehicle manufacturer knew of a defect in the OEM tire and failed to act -- the vehicle manufacturer may share liability.
The Ford Explorer/Firestone tire cases are the most prominent example of this dynamic. Both Ford and Firestone were held accountable -- Firestone for manufacturing defective tires and Ford for specifying a tire that was inadequate for the Explorer's weight and handling characteristics and for recommending a lower inflation pressure that exacerbated the defect.
The Tire Retailer or Installer
Retailers and installers can be liable when they:
- Sold aged tires -- a retailer who sells tires that are several years old without disclosing the age may be liable for an age-related failure
- Sold the wrong tire -- installing a tire that is the wrong size, load rating, or speed rating for the vehicle
- Improperly mounted tires -- using improper mounting techniques that damage the bead or sidewall
- Failed to inspect -- selling a tire with visible defects or damage
- Improperly balanced -- causing uneven wear that leads to premature failure
The Maintenance Shop
A shop that performed tire maintenance -- rotation, balancing, patching, or inflation -- may be liable if their work contributed to the failure. For example, an improper plug repair in the sidewall area (which industry standards prohibit) that later fails at highway speed could support a claim against the shop.
NC-Specific Legal Issues
Contributory Negligence
North Carolina's contributory negligence rule is a significant factor in tire defect cases. The manufacturer, retailer, or installer will look for any evidence that your own negligence contributed to the tire failure.
Common contributory negligence arguments in tire defect cases include:
- Driving on visibly worn tires -- if your tread depth was below the legal minimum (2/32 of an inch in NC) or visibly low, the defendant will argue you should have replaced the tires
- Ignoring TPMS warnings -- if your tire pressure monitoring system warning light was illuminated and you continued driving, this may constitute contributory negligence
- Failure to maintain proper inflation -- chronically underinflated or overinflated tires wear unevenly and are more prone to failure
- Overloading the vehicle -- exceeding the tire's load rating accelerates wear and increases blowout risk
- Failure to rotate tires -- if the vehicle manufacturer recommended a rotation schedule and you did not follow it
- Driving on a spare longer than recommended -- temporary spare tires have speed and distance limitations
The Knowledge Defense Under 99B-4
N.C. Gen. Stat. 99B-4
A product manufacturer or seller is not liable if the user knew of or discovered a defect or dangerous condition and voluntarily and unreasonably exposed themselves to it.
Under 99B-4, if you knew about the tire defect or dangerous condition and continued using the tire anyway, the manufacturer may have a complete defense. This could apply if you noticed unusual vibration, bulging in the sidewall, cracking in the rubber, or other visible signs of impending failure and continued to drive on the tire.
The Alteration Defense
If you installed non-OEM tires -- tires that are a different size, type, or rating than what the vehicle manufacturer specified -- the manufacturer may argue that the alteration contributed to the failure. This is particularly relevant when consumers install larger or lower-profile tires, switch from all-season to performance tires (or vice versa), or use tires with a lower speed or load rating than specified.
N.C. Gen. Stat. 99B-3
A manufacturer or seller is not liable if the product was altered or modified by a party other than the manufacturer after it left the manufacturer's control, and the alteration or modification was a proximate cause of the harm.
The 12-Year Statute of Repose
As with all product liability claims in NC, the 12-year statute of repose under N.C. Gen. Stat. 1-46.1 applies. For tires, this deadline runs from the original purchase date of the tire, not the vehicle. If you purchased replacement tires within the last 12 years, the statute of repose is likely not an issue. But for OEM tires on an older vehicle, the repose period may have expired.
Evidence You Need to Preserve
Building a tire defect case requires preserving multiple categories of evidence:
- The failed tire -- the single most important item. Preserve it immediately.
- Tire debris from the roadway -- if pieces of tread or sidewall can be recovered from the accident scene, they should be preserved
- The remaining tires -- the other three tires from the same vehicle can provide comparison data about wear patterns, age, and condition
- Tire purchase records -- receipts showing where and when the tire was purchased, what brand and model, and the price paid
- Vehicle maintenance records -- tire rotation records, alignment records, and tire pressure checks showing you maintained the tires properly
- TPMS data -- if available, data from the tire pressure monitoring system showing pressure readings before the failure
- Photographs -- close-up photos of the failed tire (all surfaces), the remaining tires, vehicle damage, road conditions, and the accident scene
- The police report -- which may document tire condition observations by the responding officer
- Recall and complaint history -- NHTSA records for the specific tire model, including complaints, investigations, and recalls
Frequently Asked Questions
Frequently Asked Questions
How do I know if a tire defect caused my accident or if it was just a road hazard?
A tire forensic examiner can distinguish between a defect-related failure and a road hazard failure by analyzing the physical characteristics of the tire. Defect failures typically show patterns like belt-edge separation, inner liner deterioration, or bead area cracking that indicate a manufacturing or material flaw. Road hazard failures show puncture marks, impact breaks, or cuts consistent with striking an object. Preserving the failed tire is critical -- without it, making this determination may be impossible.
What is the DOT code on a tire and why does it matter?
The DOT (Department of Transportation) code is a series of numbers stamped on the tire sidewall. The last four digits indicate the week and year of manufacture. For example, "2318" means the tire was manufactured in the 23rd week of 2018. This code matters because tire rubber degrades over time regardless of tread depth. Most tire and vehicle manufacturers recommend replacing tires that are 6 to 10 years old, even if they appear to have adequate tread. A tire sold as new but manufactured years earlier may have degraded rubber that is prone to failure.
Can I file a claim against a tire retailer for selling me aged or defective tires?
Yes. Tire retailers can be held liable in NC if they sold tires that were unreasonably old (sometimes called stale tires), sold the wrong tire size or type for your vehicle, failed to properly inspect tires before installation, or improperly mounted or balanced tires. A retailer who sells a tire that is six or more years old without disclosing its age may be liable if the tire fails due to age-related rubber degradation.
What should I do with the tire after a blowout accident?
Preserve the tire -- this is the single most important piece of evidence in a tire defect case. Do not throw it away, and do not let the tow company, body shop, or insurance adjuster dispose of it. Store it in a dry, cool location out of direct sunlight. Take close-up photographs of all sides of the tire, including the tread, sidewall, inner liner, and DOT code, before moving it. If possible, also preserve any tire debris from the roadway. Without the physical tire, proving a defect is extremely difficult.
Does NC's contributory negligence rule apply if I was driving on worn tires?
Yes. If the tire manufacturer or retailer can show that you were driving on tires with visibly worn tread, ignored a tire pressure monitoring system (TPMS) warning, failed to rotate tires as recommended, or continued driving on a tire with visible sidewall damage, they will argue contributory negligence. Under NC law, even 1% fault on your part can bar your entire claim. However, contributory negligence related to tire wear does not apply if the failure was caused by a hidden manufacturing defect unrelated to your maintenance.