Florida Accident Attorney Blog

This past week has been particularly dangerous and deadly on Fort Myers, Florida, area roads and highways. Florida Highway Patrol and news sources reported the following traffic accidents:

• On Tuesday, a car accident with a school bus occurred in Fort Myers Shores at Parkview and 5th Street, injuring three students and the bus driver. The driver of the motor vehicle that struck the schoolbus faces charges.
• On Monday, Nicholas Contessa, age 58, of Fort Myers, Florida, was killed on I-75 when he lost control of his vehicle following a tire blowout accident. The victim's car was the only vehicle involved in this fatal Florida highway rollover accident.
• Last Friday, a pedestrian was killed in North Fort Myers, Florida, in a hit-and-run accident on West North Shore Ave and Business 41; police were seeking the driver of a white van.

Fort Myers, Florida car accident lawyers may be consulted in cases where negligent or reckless driving may have contributed to serious traffic accidents resulting in injury or death.

Accident in Fort Myers Shores injures four
NBC-2.com Jan. 12, 2010

Victim in fatal Fort Myers I-75 crash identified
NewsPress.com Jan. 11, 2010

One person dead in North Fort Myers accident
NBC-2.com Jan. 8, 20108

Florida drivers should be aware of an ongoing large-scale defective auto product recall issued by Toyota/Lexus, which affects popular models including Camry, Avalon, Prius, and Tacoma vehicles manufactured between 2004 and 2010 (see link to advisory, below, for exact models and years). It is the largest product recall in Toyota's history affecting millions of vehicles.

The recall occurred following a highly publicized fatal car crash in California in August, where a 2009 Lexus reached speeds of 120 mph when the gas pedal became stuck in the open position. NHTSA attributed the problem to the accelerator pedal becoming snared by an ill-fitting removable floor mat. The family in the Lexus placed a frantic 911 call prior to crashing into an SUV, flipping and bursting into flames. The crash killed the vehicle's driver and occupants: an off-duty California highway patrol officer and three members of his family. The L.A. Times reported that the Lexus involved in the accident was a loaner car from the dealer, and that the floor mat was improperly installed.

Toyota has stated that it will change the length of the gas pedal and the shape of the floor underneath it to avoid future motor vehicle accidents. In addition, Toyota will replace any of its floor mats in the affected models with new floor mats. The Toyota newsroom issued instructions of what drivers should do to avoid a car accident if their gas pedals become stuck. However an investigation by ABC News reported up to 2,000 consumer reports of "runaway" Toyotas, leaving some safety experts and dealers to question whether the car manufacturer's planned solutions will fix the root problem.

A Florida auto product liability lawyer is familiar with laws and safety regulations put in place to protect consumers from being injured or killed due to automotive product defects. Defective tires is another area of motor vehicle safety concern that makes news headlines whenever a tire recall is issued.

NHTSA's SaferCar.gov website provides a searchable database for consumers to check for product recalls related to their vehicles or tires.

Toyota Announces Details of Remedy to Address Potential Accelerator Pedal Entrapment
Toyota Press Room Nov. 25, 2009

Toyota Recall Fails to Address 'Root Cause' of Many Sudden Acceleration Cases, Safety Expert Says
ABC News Investigation Revealed Over 2,000 Complaints of 'Runaway Toyotas'
ABCNEWS.com Nov. 25, 2009

New details in crash that prompted Toyota recall
L.A. Times Oct. 25, 2009

Related Web Resources

Toyota/Lexus Consumer Safety Advisory:
Potential Floor Mat Interference with Accelerator Pedal (Models & Years listed here)
Toyota Press Room Sept. 29, 2009

Toyota recalls 3.8 million vehicles
Potentially dangerous floor mats cited for company's largest U.S. recall
MSNBC.com Sept. 29, 2009

When you purchase new tires for your car, van, truck or SUV, you drive away with the impression that you've invested in brand-new tires for your vehicle. What could be safer than new store-bought tires that have never hit the pavement? But are those new tires really new? You won't know for sure unless you check the tire date code, which the manufacturer stamps on the outer sidewall of the tire.

Florida tire defect attorneys Jason and Debi Chalik were featured on Comcast Newsmakers discussing tire date coding -- an important piece of information that the average consumer doesn't know is there. "If you look at the outside ring of the tire, there's a four-digit code," said Attorney Jason Chalik. "That four-digit code tells you the week and the year the tire was made. So if you see '1205' -- that means the tire was made the twelfth week of 2005."

Why Unused Tires More Than 6 Years Old May Be Unsafe to Drive
The Chaliks believe the tire industry should set an expiration date on tires more than six years old. "The U.S. Department of Transportation has done their own research and has made Congress aware that tires should not be driven if they've never touched pavement and they're more than six years old," said Attorney Debi Chalik, in an interview from the University of Miami. "There's an inherent defect where the metal inside the tire corrodes and the rubber itself dries out. The tire industry is aware of this."

The law firm cited the case of a client who was involved in a serious car accident causing permanent brain injury. The client needed a new tire for his SUV. The tire store he patronized put his spare on the rear passenger side of the car, and then they put a tire he purchased in the spare position. Though the original spare looked fine on the outside, it was actually more than 8 years old and had deteriorated on the inside. The tire tread came apart while the young man was driving and he lost control of his SUV, which flipped several times and ejected him. Defective tires and tire failure can cause loss of vehicle control and serious Florida traffic accidents, such as this one. "Unfortunately, our client suffered a catastrophic brain injury and is currently at a brain injury institute," Attorney Chalik said.

The tire store in this case claimed they did not know that tires more than 6 years old may be dangerous to drive on. The Chaliks urge all motorists to check the date codes on the tires they're currently driving on, as well as their spare tires. If any are more than 10 years old, consider getting them checked and replaced. To watch the interview with the Chaliks in its entirety, go to Firm News / Successes and scroll down to "Debi Chalik and Jason Chalik Discuss Tire Safety."

Related Web Resources

TireRack.com: Determining the Age of a Tire

NHTSA: Tire Safety: Everything Rides on It (PDF brochure)

Anyone who's experienced a flat tire on Florida's roads and highways knows how important it is to have a good spare. But is that full-size spare tire that's been stored in the back of your car, truck, or SUV, unused for years, really safe? Your spare may look new, as it's never hit the pavement. But there's a potential danger that many Florida drivers are unaware of -- one that can cause serious and even fatal car accidents.

Aged Tires and Tire Blowout Accidents
Tires that look brand new may actually have been manufactured many years ago. "Every tire has a code and is stamped with the exact week and year in which the tire was made," said Attorney Jason Chalik in an interview conducted at the University of Miami. "The average consumer doesn't know that." To learn more about how to find the tire manufacturer date code on your tires, visit our Tire Date Coding and Safety webpage.

As experienced Florida tire product liability lawyers, the Chaliks have studied the factors that affect tire safety and tire defects, as well as tire date coding and the perils of driving on a spare that may look new but in reality, is old and unsafe. "We are currently handling the case of a young man who was driving on I-595, and the rear passenger tire tread completely fell apart," said Attorney Debi Chalik. "The entire tire unraveled. The tire was the original spare tire with the vehicle. It happened to be 10 years old at the time of the accident. What we learned through the case is that even though that tire had never hit pavement before, and the tread looked perfectly fine...the inside of the tire actually corrodes over time."

Added Attorney Jason Chalik: "We believe there should be an expiration date; that a tire that has not been driven and is six years old or more is unsafe to drive. With the heat of Florida, the rubber deteriorates." For video of the full interview, visit our Firm News / Successes page and see "Debi Chalik and Jason Chalik Discuss Tire Safety," Comcast Newsmakers, January 2009.

For more general information on tire recalls and defective tires, please visit our Tire Defects webpage.

Related Web Resources

NHTSA: Vehicles and Equipment: Tires

SaferCars.gov: Tire Safety Ratings Database

The National Highway Traffic Safety Administration (NHTSA) released its list of Safety Defect/Noncompliance Notices for August 2009. While no notices were listed under the specific category for Tires and defective tires, a related item on tire pressure safety appears under Vehicles.

Jaguar is recalling 34 of its luxury XF cars, year 2010, because the tire placard label information regarding air pressure does not correspond to the tires on those cars. Incorrect tire inflation can cause vehicle instability, which in turn can lead to serious car crashes. The Jaguar recall commenced on Aug. 19, 2009. Other NHTSA motor vehicle related recalls for the month included...

• Curt Class 1 receiver hitches, P/N 11500, which were sold for use on Nissan Infiniti EX35 crossover SUVs years 2008 - 2010. The car bumper may pull away from the frame if the hitch is at maximum load, which could lead to serious traffic accidents.
• AFX recalled certain FX-28 motorcycle helmets that failed to comply with federal safety standards for penetration. When a motorcycle accident occurs, the operator's helmet may be the one thing that saves his or her life. The recall is scheduled to begin in Sept. 2009.

While it doesn't make the news headlines as often as the issue of defective tires, aging tires and tire date coding is also a safety concern for motorists.

A Florida defective tires lawyer is familiar with product liability and consumer safety protection laws as they relate to the performance of motor vehicle tires, and other products and equipment essential to the safe operation of our cars, trucks, SUVs, and motorcycles.

SAFETY DEFECT/NONCOMPLIANCE NOTICES
RECEIVED DURING AUGUST 2009 (PDF file)
NHTSA Monthly Recall Reports, Sept. 2, 2009

Related Web Resources

NHTSA Defects & Recalls: Monthly Recall Reports

Jaguar USA

Curt Manufacturing

AFX North America