FedEx Sued After Tire Blowout Kills Father Of Two

An Alabama family has filed a lawsuit against FedEx claiming that the company is responsible for the death of their father and husband. According to the lawsuit, the father slammed into the back of the delivery truck after it had blown out a tire. The family claims that FedEx’s use of faulty retread tires is responsible for the accident.

The ensuing crash caused the vehicle to burst into flames, burning the driver alive. The tires came from Goodyear, but it’s unclear if they were G159s, a brand of tire that has been associated with numerous deaths over the years. The allegations say that the retread tires are to blame, but it is unclear if the plaintiffs are claiming that retreads are inherently dangerous, Goodyear’s faulty tires are to blame, or the retreader made a mistake.

Ultimately, a plaintiff doesn’t need to know specifically why a party was negligent to initiate a lawsuit. The lawsuit can be dismissed at any stage of the litigation, so if it turns out that the plaintiff is barking up the wrong tree, then the case is usually dismissed. If the plaintiff’s attorney stumbles onto something that is actionable, then the lawsuit continues to move forward until it is either settled or reaches a jury.

Who is responsible for this accident? 

FedEx is responsible for conducting pre-trip inspections each time they take a vehicle out on a U.S. highway. In this case, the defendants claim that the tire was bald and the treads were already starting to separate. That alone is enough to win this lawsuit against FedEx. So, if the plaintiffs have the bald tire, then the lawsuit against FedEx will be a slam dunk. If the allegations prove to be less convincing than the plaintiffs are making them out to be, then the plaintiffs will need to do more work.

Who else could be responsible for this accident? 

Anything that falls under the control of FedEx is the responsibility of FedEx. That includes the truck and the driver.

However, from the article, it sounds like the father hit the FedEx truck after it had pulled over with a flat. In most cases, a tire blowout will cause a driver to lose control of their vehicle, slamming into another vehicle. If the FedEx truck was parked on the shoulder, then a determination must be made as to whether or not the father had enough reaction time. If he did, then the father can be blamed (partly if not wholly) for causing the accident.

History 

Retread tires are like the boogeyman of the commercial truck industry. To be sure, most people believe that tires can be retread safely. But not every tire can be retreaded. So, if FedEx is selecting beat up tires to retread, that would be a problem. There is at least one other case making similar allegations. The case will not succeed on the theory that retreads are intrinsically dangerous.

Talk to a Florida Product Liability Lawyer Today 

Halpern, Santos & Pinkert represent plaintiffs in lawsuits against major companies that sell defective or dangerous products. Call our Florida personal injury attorneys today to schedule a free consultation and learn more about how we can help.

Source:

dailymail.co.uk/news/article-11548995/Widow-sues-FedEx-delivery-firms-van-suffered-tire-blowout-caused-husbands-death.html