Defective Tire Accidents

According to The National Highway Traffic Safety Administration (NHTSA) database, as of September 5, 2001, 271 fatalities have been reported as being related to Firestone ATX, Wilderness, and other tire models. This was an increase of 68 from the 203 that had been reported to the agency as of June 15, 2001. Over 800 injuries were reported. Of these over 500 were allegedly due to tread separation.

Laws Involved

The Motor Vehicle Regulations of Title 49, Chapter 301 of the United States Code, is intended to protect consumers against defects posing a "substantial product hazard" in motor vehicles or motor vehicle equipment, including tires.

The U.S. Department of Transportation (DOT) is in charge of administering the Motor Vehicle Regulations, while the U.S. Department of Justice is responsible for enforcement of the law and, when necessary, prosecution of violators.

This law requires that both consumers and the U.S. Department of Transportation (DOT) be made aware of hazardous defects as soon as they are detected. Specific requirements and specifications for proper legal notification are contained in Title 49, Chapter 301, Sec. 30119.

Under the law, manufacturers and the Secretary of Transportation are mutually responsible for notification of defects.

The Secretary of Transportation is required to notify the manufacturer of the defective vehicle or component as soon as the Department of Transportation determines that "the vehicle or equipment contains a defect related to motor vehicle safety or does not comply with an applicable motor vehicle safety standard," under the law. (Sec. 30118)

Unintentionally manufacturing defective tires is not a violation of the Motor Vehicle Regulations. Being aware that you have manufactured and distributed defective tires, and not immediately informing DOT and consumers of the fact, is.

Manufacturers of motor vehicles or equipment are required to notify both the Secretary of Transportation, as well as consumers as soon as the manufacturer:

(1) learns the vehicle or equipment contains a defect and decides in good faith that the defect is related to motor vehicle safety; or
(2) decides in good faith that the vehicle or equipment does not comply with an applicable motor vehicle safety standard. (Sec. 30118)

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