If a tire defect caused your accident, you may have a valid product liability claim against the tire manufacturer, distributor, or retailer. Reporting the defect properly creates an official record that strengthens your claim and helps prevent future accidents. In Georgia, tire manufacturers can be held strictly liable under O.C.G.A. § 51-1-11 if a defective product causes injury, meaning you don’t have to prove negligence—only that the tire was defective and caused your accident.
Defective tires contribute to thousands of accidents annually across the United States. Tread separation, sidewall blowouts, manufacturing defects, and design flaws can cause drivers to lose control without warning, leading to serious crashes. Whether you were driving a passenger vehicle, commercial truck, or motorcycle, understanding how to document and report a tire defect properly protects your right to compensation while creating a safety record that may prevent others from suffering similar harm.
Immediate Steps After a Tire Defect Accident
The moments immediately following a tire defect accident are critical for both your safety and your legal claim. Taking the right actions now can mean the difference between a successful case and a dismissed claim.
Ensure Safety and Call Emergency Services
Your first priority is safety. If the accident is serious, call 911 immediately to report injuries and request police and medical assistance. Move to a safe location away from traffic if you can do so without causing further harm.
Stay at the scene until police arrive. Georgia law under O.C.G.A. § 40-6-270 requires drivers involved in accidents causing injury, death, or property damage to remain at the scene. Leaving can result in hit-and-run charges regardless of who caused the accident.
Seek Medical Attention Even for Minor Symptoms
Get examined by a medical professional as soon as possible, even if you feel fine. Some injuries like whiplash, concussions, or internal bleeding don’t show symptoms immediately but can cause serious complications days later.
Tell the doctor that a tire defect caused your accident. This information goes into your medical records and establishes a clear connection between the defective tire and your injuries. Insurance companies scrutinize medical records carefully, and any gap in treatment or delayed care can be used to argue your injuries aren’t serious.
Preserve the Defective Tire
The defective tire is the most important piece of physical evidence in your case. Do not dispose of it, have it repaired, or allow anyone to take it without your permission. Store it in a safe, dry location where it cannot be tampered with or degraded.
Photograph the tire from multiple angles before moving it. Capture close-up images of any visible defects such as tread separation, sidewall cracks, bulges, or unusual wear patterns. If the tire is still mounted on the wheel, photograph it in place before removal. This evidence proves the tire’s condition at the time of the accident and prevents disputes about whether the defect existed before the crash.
Document the Accident Scene Thoroughly
Strong documentation transforms your word against the manufacturer’s into a well-supported claim backed by evidence. The more information you gather at the scene, the stronger your case becomes.
Photograph and Video Record Everything
Take photos of the entire accident scene including vehicle positions, skid marks, road conditions, traffic signs, and weather conditions. Photograph all vehicles involved from multiple angles, capturing damage to your vehicle and others.
Record video as well. Walk around the scene while recording and narrate what you see, including the location, time, weather, and how the vehicles came to rest. Video captures details that still photos miss and provides context about the accident environment. Focus especially on the failed tire, showing its position relative to your vehicle and any visible defects.
Gather Information from All Parties
Collect contact and insurance information from every driver involved. Record names, phone numbers, addresses, driver’s license numbers, license plate numbers, and insurance policy details. Be polite but avoid discussing fault or making statements about how the accident happened.
If witnesses are present, ask for their contact information. Witnesses provide independent accounts of what happened and can confirm that a tire failure caused the accident rather than driver error. Ask witnesses if they saw the tire fail or if they’re willing to provide a written statement.
Obtain the Police Report
Request a copy of the police report once it becomes available, typically within a few days. In Georgia, you can obtain accident reports through the Georgia Electronic Accident Reporting System (GEARS) or directly from the law enforcement agency that responded.
The police report documents the accident officially and often includes the officer’s observations about vehicle damage, road conditions, and potential causes. If the officer noted tire failure or defect as a contributing factor, this strengthens your claim significantly.
Report the Defect to the National Highway Traffic Safety Administration
Filing a report with the National Highway Traffic Safety Administration (NHTSA) creates an official federal record of the defect and contributes to safety investigations that can lead to recalls.
Access the NHTSA Complaint Portal
Visit the NHTSA website at safercar.gov and navigate to the “File a Complaint” section. The online portal allows you to submit detailed information about the tire defect and your accident. You can also call the NHTSA Vehicle Safety Hotline at 1-888-327-4236 to file a report by phone.
Provide as much detail as possible including the tire brand, model number, size, DOT number (stamped on the sidewall), and the date of manufacture. Describe exactly what happened, what defect you observed, and what injuries or damage resulted. NHTSA uses this information to identify patterns that may warrant safety investigations or recalls.
Understand How NHTSA Uses Your Report
Your complaint becomes part of a national database that NHTSA monitors for defect trends. If multiple consumers report similar failures with the same tire model, NHTSA may launch an investigation. These investigations can lead to recalls, which strengthens individual legal claims by providing official recognition that the tire was defective.
NHTSA does not resolve individual complaints or award compensation, but your report contributes to public safety and creates an official record that supports your personal injury claim. When you file a lawsuit, your attorney can reference your NHTSA complaint and any related investigations to demonstrate that the tire had a known defect.
Contact the Tire Manufacturer Directly
Reporting the defect to the manufacturer creates a direct record of the problem and gives them an opportunity to investigate, which they are often required to do under federal law.
Locate Manufacturer Contact Information
Find the manufacturer’s customer service number on their website or on paperwork that came with the tire. Major tire manufacturers have dedicated product safety departments that handle defect reports. You can also find contact information on the tire sidewall or in your vehicle’s documentation.
When you call, clearly state that you are reporting a defect that caused an accident and injuries. Request a case number or reference number for your report. This number proves you notified the manufacturer and allows you to track their response.
Provide Detailed Information Without Admitting Fault
Describe the defect factually without speculating about causes you don’t know for certain. State what happened, what you observed about the tire, and what damage occurred. Mention that you have preserved the tire and have photographs.
Do not sign any documents, accept any payments, or allow the manufacturer to take possession of the tire without consulting an attorney first. Manufacturers may offer to inspect the tire or provide a replacement, but surrendering the tire without proper documentation can harm your claim. Once the manufacturer has the tire, you lose control over the evidence.
File a Complaint with the Tire Retailer or Installer
The retailer who sold the tire or the shop that installed it may share liability if they sold a tire they knew was defective or installed it improperly.
Document Your Purchase and Installation
Gather all receipts, invoices, and records related to the tire purchase and installation. These documents prove when you bought the tire, where you bought it, and whether it was installed by a professional. If the tire was installed incorrectly or if the retailer sold you a tire with a known defect, they may be liable under Georgia product liability law.
Contact the retailer or installer and inform them that the tire failed and caused an accident. Ask if they have records of other complaints about the same tire model or if any recalls or safety notices were issued. Their response and records can support your claim.
Understand Retailer Liability
Retailers and installers can be held liable under O.C.G.A. § 51-1-11 if they sold or installed a defective product. Even if the defect originated with the manufacturer, the entire chain of distribution—including the retailer—can be responsible for damages. Reporting the defect to the retailer preserves your right to include them in your claim.
Consult with a Product Liability Attorney
Tire defect cases involve complex product liability law, expert testimony, and investigation of manufacturing processes. An experienced attorney dramatically increases your chance of recovering full compensation.
Why Legal Representation Matters for Defect Claims
Tire manufacturers have large legal teams and substantial resources dedicated to defending against defect claims. They will argue that driver error, poor maintenance, or road hazards caused the accident rather than a manufacturing defect. Proving a tire was defective often requires expert analysis of the tire’s construction, testing of similar tires, and investigation of the manufacturing facility.
An attorney handles all aspects of the investigation, hires qualified experts, and builds a compelling case that overcomes the manufacturer’s defenses. Without legal representation, you risk accepting a low settlement offer or having your claim denied entirely.
What to Expect During Your Free Consultation
Most product liability attorneys offer free consultations with no obligation. During this meeting, bring all documentation including photos of the tire and accident scene, medical records, the police report, receipts showing where you purchased the tire, and any correspondence with the manufacturer or NHTSA.
The attorney will evaluate whether you have a viable claim, explain the legal process, and outline what compensation you may be entitled to recover. In Georgia, you typically have two years from the date of injury to file a product liability lawsuit under O.C.G.A. § 9-3-33, though this deadline can be extended under certain circumstances. Consulting an attorney early ensures you don’t miss critical deadlines.
Gather Evidence to Support Your Claim
Beyond preserving the defective tire itself, additional evidence strengthens your case and helps prove that the tire defect caused your accident and injuries.
Collect Maintenance and Inspection Records
Gather all records showing how you maintained the tire including receipts for tire rotations, pressure checks, alignments, and inspections. These records prove you cared for the tire properly and that the failure resulted from a defect rather than neglect. If you had the tire inspected recently and it passed, that evidence directly contradicts any claim that the tire failed due to wear or damage.
Maintenance records also establish the tire’s age and mileage. Tires that fail prematurely despite proper care present stronger defect claims than tires that fail after years of heavy use.
Obtain Expert Analysis of the Tire
Your attorney will likely hire a tire expert to examine the failed tire and determine the cause of failure. Experts can identify manufacturing defects such as contamination in the rubber compound, improper bonding between tire layers, or design flaws that make the tire prone to failure. Expert testimony is often essential in product liability cases because it translates technical evidence into conclusions a jury can understand.
The expert may also review similar tires from the same production batch to determine if the defect is isolated or systemic. If other tires from the same batch show similar weaknesses, this strengthens the argument that a manufacturing defect exists.
Understand Common Types of Tire Defects
Recognizing the type of defect involved in your accident helps you describe the problem accurately when reporting it and helps your attorney build the strongest possible case.
Tread Separation Defects
Tread separation occurs when the outer tread layer separates from the tire’s inner structure, often at highway speeds. This separation causes violent vibration, loss of control, and sometimes complete tire disintegration. Tread separation defects typically result from improper bonding between rubber layers during manufacturing or contamination in the adhesive compounds.
These failures are particularly dangerous because they happen suddenly without warning. If your tire’s tread separated and peeled away from the tire body, you likely have a strong manufacturing defect claim.
Sidewall Defects and Blowouts
Sidewall defects include bulges, cracks, or weak spots in the tire’s side structure. A sidewall blowout occurs when the tire’s side fails, causing rapid air loss and loss of vehicle control. Sidewall defects often result from inadequate rubber thickness, improper curing during manufacturing, or design flaws that concentrate stress in specific areas.
If you noticed a bulge or bubble in the sidewall before the accident, or if the tire suddenly blew out from the side rather than the tread, a sidewall defect likely caused your accident.
Design Defects
Design defects exist when the tire’s fundamental design makes it unreasonably dangerous even when manufactured correctly. Examples include tread patterns that are prone to hydroplaning, inadequate heat dissipation leading to overheating, or structural designs that make the tire unstable at certain speeds.
Design defect claims require proof that a safer alternative design was feasible and that the manufacturer chose a dangerous design anyway. These cases often involve extensive expert testimony and analysis of engineering documents.
Manufacturing Defects
Manufacturing defects occur when a specific tire is made incorrectly even though the design is sound. Examples include air pockets in the rubber, improperly mixed compounds, insufficient curing time, or contamination during production. Manufacturing defects affect specific production batches rather than all tires of a particular model.
If only certain tires from a production run fail while others perform safely, a manufacturing defect is likely. Your attorney will investigate the production batch and date code to identify whether other consumers reported similar failures.
Report Defects to State Authorities if Applicable
While federal reporting through NHTSA is most important, some states have additional consumer protection agencies that track product defects and handle consumer complaints.
Georgia Governor’s Office of Consumer Protection
In Georgia, you can file a complaint with the Governor’s Office of Consumer Protection if the retailer or manufacturer refuses to address the defect or engages in deceptive practices. While this office primarily handles consumer fraud and deceptive business practices, filing a complaint creates an additional official record of the defect.
The office does not award damages but may investigate companies with patterns of complaints. If your case involves a retailer that knowingly sold defective tires or misrepresented the tire’s safety, a consumer protection complaint may support your legal claim.
Preserve All Related Documentation
Organized, complete documentation is essential for proving your claim and recovering full compensation for your injuries and losses.
Create a Comprehensive Case File
Organize all documents related to the tire defect and accident in one file. Include copies of the police report, medical records and bills, photographs and videos, receipts for the tire purchase and any repairs, correspondence with the manufacturer and NHTSA, witness statements, and insurance communications. Make backup copies and store them separately.
Your attorney will use these documents to build your case, so completeness matters. Missing records can delay your claim or reduce the amount you recover. If you cannot find certain documents, your attorney can help you request copies from the appropriate agencies or providers.
Track All Expenses and Losses
Keep detailed records of all costs related to the accident. This includes medical expenses, vehicle repair or replacement costs, rental car fees, lost wages from missed work, and any other financial losses. If the accident affects your ability to work long-term or causes permanent injuries, document these impacts as well.
Georgia law allows you to recover economic damages (medical bills, lost income, property damage) and non-economic damages (pain and suffering, emotional distress) in product liability cases. The more thoroughly you document your losses, the stronger your compensation claim.
Understand the Product Liability Claims Process
Knowing what to expect helps you navigate the legal process more confidently and make informed decisions about your case.
Investigation and Case Building
After you retain an attorney, they will launch a thorough investigation. This includes examining the defective tire, reviewing accident records, interviewing witnesses, and consulting with experts. The attorney may request production records from the manufacturer, investigate whether similar defects have been reported, and determine the full extent of your damages.
This phase can take several months depending on case complexity. Cooperation with your attorney and prompt provision of requested documents keeps the process moving efficiently.
Filing a Product Liability Lawsuit
If settlement negotiations don’t result in a fair offer, your attorney will file a product liability lawsuit. In Georgia, strict product liability claims under O.C.G.A. § 51-1-11 allow you to recover damages by proving the tire was defective and unreasonably dangerous, that the defect existed when it left the manufacturer’s control, and that the defect caused your injuries.
Most tire defect cases also include negligence claims against the manufacturer and possibly warranty breach claims. Your attorney will determine which legal theories apply to your specific situation.
Settlement Negotiations and Trial
Many product liability cases settle before trial. The manufacturer may offer a settlement once they see the strength of your evidence and expert testimony. Your attorney will negotiate to maximize your compensation and will advise you on whether settlement offers are fair.
If the case goes to trial, your attorney will present evidence to a jury including expert testimony, accident reconstruction, medical testimony about your injuries, and economic analysis of your losses. Trials can last several days or weeks depending on complexity. Your attorney handles all aspects of trial preparation and courtroom advocacy.
Compensation You May Recover in a Tire Defect Case
Understanding available compensation helps you evaluate settlement offers and make informed decisions about your case.
Economic Damages
Economic damages compensate for measurable financial losses. This includes all medical expenses (emergency care, hospitalization, surgery, rehabilitation, medication, future medical needs), lost wages and income (past and future), property damage to your vehicle and personal belongings, and any other out-of-pocket expenses caused by the accident. Keep detailed records and receipts to support these claims.
Georgia law allows full recovery of economic damages with no statutory caps in product liability cases. You are entitled to compensation for all financial harm the defective tire caused.
Non-Economic Damages
Non-economic damages compensate for subjective losses that don’t have a specific dollar value. This includes physical pain and suffering, emotional distress and trauma, loss of enjoyment of life, and permanent disability or disfigurement. These damages often exceed economic damages in serious injury cases.
Georgia does not cap non-economic damages in product liability cases, meaning juries can award amounts they believe fairly compensate your suffering. Your attorney will present evidence about how the accident has affected your daily life, relationships, and overall wellbeing to support these claims.
Punitive Damages in Egregious Cases
Georgia law under O.C.G.A. § 51-12-5.1 allows punitive damages in product liability cases where the defendant’s conduct showed willful misconduct, malice, fraud, wantonness, oppression, or conscious indifference to consequences. If the manufacturer knew the tire was defective and sold it anyway, or if they concealed safety information, punitive damages may apply.
Punitive damages punish the defendant and deter similar conduct in the future. These damages can substantially increase your total recovery but require clear and convincing evidence of egregious conduct.
Protect Yourself from Future Tire Defects
While pursuing compensation for your accident, take steps to prevent similar incidents in the future.
Check for Tire Recalls Regularly
Visit safercar.gov and enter your vehicle identification number (VIN) to check for open recalls affecting your tires or other vehicle components. Sign up for recall notifications so you receive alerts when new recalls are issued. If a recall affects your tires, have them replaced immediately at no cost to you.
Tire manufacturers are required under federal law to notify registered owners of recalled tires, but registration rates are low and many consumers never receive these notices. Proactive checking ensures you don’t drive on recalled tires unknowingly.
Inspect Tires Regularly for Warning Signs
Check your tires monthly for visible defects. Look for bulges or bubbles in the sidewall, uneven tread wear, cracks or cuts in the rubber, exposed cords or belts, and vibration or pulling while driving. If you notice any of these warning signs, have the tire inspected by a professional immediately and stop driving on it if the defect appears serious.
Regular tire rotation and proper inflation extend tire life and help identify problems early. Follow the maintenance schedule recommended in your vehicle’s owner’s manual and keep records of all service.
How Wetherington Law Firm Can Help
If a defective tire caused your accident, you deserve experienced legal representation that fights aggressively for your rights and recovery.
Wetherington Law Firm specializes in product liability cases including tire defect claims. Our attorneys have the resources and expertise to take on major tire manufacturers and their insurance companies. We work with leading experts in tire engineering, accident reconstruction, and medical care to build compelling cases that maximize client compensation. We handle all aspects of investigation, negotiation, and litigation so you can focus on recovery.
We work on a contingency fee basis, meaning you pay no attorney fees unless we win your case. Call (404) 888-4444 today for a free consultation. We’ll review your case, explain your legal options, and outline the best path forward. Don’t let a tire manufacturer escape responsibility for a defective product that harmed you.
Frequently Asked Questions
How long do I have to file a tire defect lawsuit in Georgia?
Under O.C.G.A. § 9-3-33, Georgia’s statute of limitations for personal injury cases is two years from the date of injury. For product liability claims, you generally have two years from the date of the accident to file a lawsuit. However, under Georgia’s statute of repose (O.C.G.A. § 51-1-11), product liability claims must be filed within ten years of the product’s first sale, with some exceptions for certain long-lasting products. Acting quickly is crucial because gathering evidence, conducting investigations, and building a strong case takes time. Waiting until the deadline approaches limits your attorney’s ability to prepare a thorough case. Consult an attorney as soon as possible after your accident to protect your rights and preserve critical evidence.
Can I still file a claim if the tire was several years old when it failed?
Yes, if the tire failed due to a manufacturing defect or design flaw, the age of the tire doesn’t automatically prevent recovery. Tires should be designed and manufactured to last their expected lifespan under normal use. If a properly maintained tire fails prematurely, you may have a valid defect claim regardless of how long you owned it. However, tire age matters in determining whether the failure resulted from a defect versus normal wear and tear. Tires typically last six to ten years depending on use and conditions. If your tire failed within its expected lifespan despite proper maintenance, you likely have a strong claim. If the tire was extremely old or showed obvious signs of wear that should have prompted replacement, the manufacturer may argue the failure resulted from misuse rather than a defect. Your attorney will work with experts to determine whether the failure was premature given the tire’s age, condition, and use.
What if I don’t have the receipt for the tire purchase?
You can still pursue a defect claim without a purchase receipt. Alternative proof includes credit card or bank statements showing the purchase, the retailer’s sales records (your attorney can request these), testimony from family members or friends who were present when you bought the tire, or installation records from the shop that mounted the tire. While a receipt makes proving the purchase easier, it’s not the only way to establish when and where you bought the tire. The defective tire itself often contains manufacturing date codes and identifying information that helps trace its origin. Your attorney can work with this information to identify the manufacturer and retailer even without original purchase documentation. Focus on preserving the tire itself and gathering whatever documentation you have; your attorney can help fill gaps through investigation and discovery.
Will reporting the defect to NHTSA help my personal injury claim?
Yes, filing an NHTSA complaint creates an official record that supports your claim and may reveal patterns of similar failures. If NHTSA investigates the tire model and finds a defect, this provides strong evidence for your case. Even if NHTSA doesn’t take action, your complaint demonstrates you took the defect seriously and reported it promptly. Defense attorneys cannot argue you exaggerated the problem or that the defect didn’t exist if you filed an official government complaint immediately after the accident. Additionally, NHTSA’s complaint database may reveal other consumers who reported the same defect, which your attorney can use to show a pattern of failures. Multiple reports of identical defects strengthen individual claims by proving the problem wasn’t unique to your tire. Filing an NHTSA complaint also contributes to public safety by alerting federal regulators to dangerous products. While NHTSA doesn’t provide compensation or resolve individual claims, your report serves both your legal interests and the broader public interest in identifying hazardous products.
Can I sue multiple parties if both the manufacturer and installer may be at fault?
Yes, Georgia product liability law allows you to sue everyone in the chain of distribution including the tire manufacturer, the distributor, the retailer who sold the tire, and the shop that installed it. Under O.C.G.A. § 51-1-11, all parties involved in bringing a defective product to market can be held strictly liable if the product causes injury. You don’t need to prove which specific party caused the defect; if the tire was defective and caused your accident, all parties in the distribution chain may be responsible. This approach benefits injured consumers because it ensures you can recover compensation even if one party is bankrupt or underinsured. For example, if the tire had a manufacturing defect but was also installed incorrectly, both the manufacturer and installer may share liability. Your attorney will investigate all potential defendants and include everyone who may bear responsibility in your claim, maximizing your chances of full recovery and ensuring all liable parties are held accountable for their role in causing your injuries.
Conclusion
Reporting a defective tire that caused your accident requires immediate preservation of evidence, thorough documentation, and strategic filing of reports with federal agencies, manufacturers, and legal authorities. The defective tire itself is your most valuable evidence, so never dispose of it, repair it, or surrender it to anyone without consulting an attorney first. Photograph the tire extensively, document the accident scene completely, and report the defect to NHTSA to create an official record that supports your claim and contributes to public safety.
Tire defect cases involve complex product liability law and require expert analysis to prove the tire was defective and caused your accident. Manufacturers have substantial resources and will aggressively defend against defect claims, so experienced legal representation is essential for recovering full compensation. Contact Wetherington Law Firm at (404) 888-4444 for a free consultation. We’ll evaluate your case, explain your options, and fight to hold the responsible parties accountable for the harm their defective product caused.