Securing Evidence in Tire Failure Cases: Why Early Legal Counsel is Crucial

John J. Malm & Associates Personal Injury Lawyers

Tire failures are a significant cause of serious car accidents, often leading to catastrophic injuries or fatalities. Tire failures can include exploding tires, shredded tires, tread separation, improper puncture repair, improper tire mounting, and an improperly designed tire. According to the National Highway Traffic Safety Administration (NHTSA), tire-related crashes result in over 600 deaths each year in the U.S. If you’ve been involved in an accident caused by a defective tire, it is critical to act quickly to preserve essential evidence. As Illinois personal injury and product liability attorneys with offices in Naperville and St. Charles, we understand the importance of securing evidence early and building a strong case against negligent manufacturers, distributors, or retailers.

In tire failure cases, the preservation of physical evidence is crucial. The tire, wheel, and sometimes the entire vehicle must be retained and examined by experts to determine what went wrong and who is responsible. Securing this evidence early ensures it is available for analysis, helping to establish liability in a product defect claim. At John J. Malm & Associates, we work quickly to gather and preserve evidence, ensuring our clients’ rights are protected.

The Importance of Securing Evidence in Tire Failure Cases

In any product liability case involving tire failure, the condition of the defective tire, wheel, and related components can reveal the cause of the failure. An expert examination may uncover whether the defect resulted from poor manufacturing, faulty design, or improper installation or maintenance. For instance, tire blowouts alone contribute to approximately 11,000 crashes annually, according to NHTSA data. Without preserving this evidence, proving that a defective tire caused the accident becomes much more difficult.

If the tire and vehicle are not secured promptly, evidence may be compromised. In many cases, the vehicle is towed to a salvage yard or repair facility, where crucial parts can be lost, discarded, or altered. Acting quickly to preserve this evidence ensures that it can be thoroughly analyzed by experts in tire failure cases. As Illinois product liability attorneys, we are equipped to take immediate steps to protect this critical information for our clients.

In addition to physical evidence, modern vehicles are equipped with Event Data Recorders (EDRs) or black boxes, which record valuable information, such as speed, braking, and steering inputs before an accident. This data can be used to support a claim that a defective tire contributed to a loss of control. However, retrieving this data quickly is essential before it becomes overwritten or lost.

Steps Involved in Preserving Key Evidence in Illinois Tire Failure Cases

At John J. Malm & Associates, we understand the importance of preserving evidence in tire defect cases. Here are the critical steps we take to protect your rights and ensure a strong legal foundation for your case:

1. Issuing a Legal Hold

One of the first actions our firm takes is issuing a legal hold or preservation letter to all parties in possession of the vehicle, tire, or other components. This letter ensures that no evidence is altered, discarded, or destroyed while investigations are ongoing. This step is essential in cases where the vehicle is at a salvage yard or repair facility, as it prevents scrapping or selling the vehicle prematurely.

2. Securing the Vehicle and Tire

In many cases, we work to preserve the entire vehicle, especially when the accident results in significant damage. The tire and wheel involved in the failure are critical to the case and must be secured in a controlled environment for thorough expert analysis. Our legal team coordinates with storage facilities to ensure these key pieces of evidence remain intact and unaltered.

3. Documenting the Accident Scene

In addition to preserving physical evidence, it is essential to document the accident scene. Our team takes immediate action to gather photographs, videos, and witness statements that provide context for the tire failure. This documentation supports the claim that the defect was the cause of the accident and helps us build a compelling case.

4. Retrieving Electronic Data

Many modern vehicles contain EDRs or black boxes that store crucial data related to the vehicle’s operation just before the crash. This data can prove critical in cases where a tire failure resulted in a loss of control. However, this information may be lost if not retrieved promptly. As experienced Illinois personal injury attorneys, we know how to access this data and use it to support your case.

Why Getting Legal Counsel Early Is Essential in Tire Failure Cases

As personal injury and product liability attorneys serving Naperville, St. Charles, and throughout Illinois, we understand the urgency of securing evidence in tire failure cases. Here’s why retaining legal counsel early is vital:

1. Preventing Evidence Loss

Without immediate legal intervention, key evidence such as the tire, wheel, and vehicle may be lost or altered. Tow yards, repair shops, and salvage facilities often dispose of or modify vehicles quickly. Our attorneys ensure that no evidence is lost or tampered with by issuing preservation notices and securing the necessary components for expert examination.

2. Conducting a Thorough Investigation

We collaborate with leading experts in tire failure analysis to investigate potential defects such as tread separation, vulcanization issues, or improper materials. Early involvement ensures that this evidence is preserved and that we can prove a clear connection between the tire defect and the accident.

“At John J. Malm & Associates, we move quickly to retain leading experts, secure critical evidence, and identify all potentially responsible parties, from tire manufacturers to installers and maintenance providers. By acting fast, we ensure that no piece of evidence is lost, allowing us to build the strongest possible case for our clients.” — John J. Malm

3. Accessing Key Data Quickly

Acting promptly allows our attorneys to retrieve essential EDR data before it is lost or overwritten. This information can be crucial in proving that a tire defect, not driver error, was responsible for the crash.

4. Protecting Your Rights Against Insurance Companies

Insurance companies and manufacturers may attempt to take control of the vehicle or tire after an accident, potentially delaying or destroying evidence to avoid liability. Having early legal representation ensures that your rights are protected and that no evidence is compromised.

Why Illinois Product Liability Attorneys Are Critical in Tire Failure Cases

Tire explosion cases hinge on securing and preserving critical evidence such as the tire, wheel, and vehicle involved in the accident. Acting quickly and obtaining experienced legal counsel ensures that evidence is protected, thoroughly analyzed, and used to build a strong product liability case.

As Illinois personal injury attorneys with offices in Naperville and St. Charles, we are ready to take immediate action to protect your rights. If you or a loved one has been involved in a tire failure accident, contact John J. Malm & Associates for a free consultation. We will act swiftly to secure and analyze the evidence, preventing its destruction and improving your chances of recovering the compensation you deserve.

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