Tire litigation is complex, because it involves a variety of scientific areas. Depositions of experts in all these areas is expensive and time consuming. A simple car accident could result in a 3-4 month litigation period. A car accident that was caused by a tire failure may take 9-36 months.
The first phase for staging litigation is evidence preservation. Without the tire and portions of the tread that failed, it is almost impossible to legally prove what a tire failed. The tire and vehicle must be secured. Sometimes, a vehicle owner will reach resolution with the vehicle’s insurance carrier. After that claim has closed, the vehicle is at risk of disappearing. In a tire detread case, the tread has separated from the tire and oftentimes is left at the scene of the crash. Without the tread, prosecution of a tire defect case becomes much more difficult. The scene tells the story, so its markings must be identified. An accident reconstructionist is hired to memorialize the scene, with its tire marks and debris field. Next, the reconstructionist will analyze any vehicles involved. A reconstructionist will read and consult the depositions taken of all the scene witnesses. Together, an accident can be reconstructed reliably.
Both sides in tire litigation hire a principal tire expert. That expert will spend hours with the tire, forensically identifying all areas that may have led to its premature failure. Each expert will develop an opinion of how and why the tire failed. To complete the story, an expert will consult the tire’s green tire specification. Also, tire companies accumulate field data which generally advise of how given tires are performing on the public roadways. The analysis of this data is crucial to identify a defective tire group and/or to refine a particular tire’s design. The use of this information is explored through deposition. The polymer chemist who administers the constant changes to the tire’s design is deposed to understand why the changes were made. Tires must be built according to their specification. A tire manufacturing plant will have in place strict quality control measures to ensure fidelity to the specification. The plant quality control officer must be deposed to understand whether this process was followed during the week the subject tire was manufactured.
Because tire accidents often result in serious injury, the proof required at trial to understand the past and future medical effect, many doctors are deposed. Treating physicians tell us about the diagnosis, treatment, and prognosis. Medical experts are needed to attest to past and future medical care, as well as the cost of that care. Vocational experts are needed to discuss disability and retraining. Psychological testimony is needed to reveal the affected persons’ journey through grief.
The speed of tire litigation is largely dependent on a given Court’s docket. 10-20 months after the filing of a lawsuit is a typical trial setting. But, if there are multiple defendants, like the employer (owner), the vehicle maintenance company, and the tire manufacturer, litigation can slow. Sometimes, strategy dictates that slower is better. It’s difficult to provide an accurate estimate of the time required for a tire case, because each case is different.
Written by:
Guy L. Watts, II
Watts Guerra LLP
4 Dominion Drive, Bldg 3, Suite 100
San Antonio, Texas 78257
Phone (210) 447-0500
© Watts Guerra LLP 2015
