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Accident Reconstruction News Article
REHOBOTH, Mass., June 22 /PRNewswire/ -- Despite one
of the largest tire recalls in decades, defective Firestone ATX and Wilderness
AT spare tires remain in circulation and continue to cause devastating rollover
crashes, prompting calls for the National Highway Traffic Safety Administration
to investigate the effectiveness of the consumer replacement programs in 2000
and 2001.
Sean E. Kane, president of Safety Research & Strategies,
the Enriquez family of Deltona, Florida and the families of three other victims
have requested that NHTSA work with Firestone and Ford to launch another consumer
notification program to ensure that the defective spare tires are removed.
Reports filed by Firestone and Ford to NHTSA indicate that approximately 12
million of the more than 20 million tires that remained in use were captured
by the recalls. Spare tires were often forgotten in the initial drive to replace
the four in-service tires. In subsequent years, the defective spares have
been passed along in used-vehicle sales and put in service with catastrophic
results.
"Even though millions of defective tires were collected,
there were potentially millions of tires that weren't -- and these campaigns
were so huge, the number of uncaptured tires is bigger than the number of
tires retrieved in most recalls," says Kane. "While we don't know
how many spares are out there, the number is potentially significant. We've
personally spoken to Ford Explorer owners who unknowingly still had these
recalled spares under their trucks. Each tire that's still out there represents
another potential human tragedy."
Michael Enriquez, 27, suffered permanent injuries in May 2005,
when the Firestone ATX P235/75R15 on his 1993 Ford Explorer experienced a
tread separation and overturned on a Florida highway. Mr. Enriquez had only
owned the vehicle for six months when the accident occurred. Mr. Enriquez,
now a quadriplegic, resides in a rehabilitation facility where he is dependent
upon a ventilator to breathe.
"Michael now knows that this accident would never have
occurred had the ATX recall been effective in capturing spare tires and had
the manufacturers simply placed a clear and unambiguous expiration date on
the tire," says Paul Byron, an attorney representing the Enriquez family.
"Michael and his family sincerely hope that the suffering they have endured
is not needlessly borne by other people."
In August 2000, and again in June and October 2001, the Ford
Motor Company and Bridgestone/Firestone conducted massive campaigns to retrieve
some 20 million P235/75R15 ATX and 15, 16 and 17-inch Wilderness AT tires
after a federal investigation determined that the tires were prone to tread
separations that officially claimed more than 270 lives in rollover accidents,
mostly involving Ford Explorers.
According to independent research conducted by Safety Research
& Strategies, there are many reasons why the recalled tires are still
in consumers' hands. For one, there was confusion among vehicle owners about
whether the spares were covered under the recalls. (Full-sized spares marked
Temporary were excluded, but many vehicles had a fifth ATX or Wilderness AT
as a spare.) The massive shortages created by three separate replacement programs
also prompted some dealerships and tire centers to focus on the four in-service
tires first. Many consumers assumed that the spares were changed as well,
and its location under the vehicle made it impossible for the consumer to
check, without removing it. Other consumers were told they would have to wait
up to a year for a spare replacement. Despite complaints to Ford, some spares
were not replaced. When the original owners sold their vehicle, the forgotten
spare was passed along, and, in some cases, used. In the last two years, there
have been four known cases in which a defective recalled tire caused a serious
accident resulting in one fatality and three victims coping with permanent
injuries.
The ATXs and Wilderness tires may appear to be in perfect condition,
with deep tread. But, says Kane, they are more deadly today than when they
were first recalled, because tires age and degrade over time regardless of
whether they have been used.
"The initial wave of rollovers with tread separations showed
that the ATXs lasted about three years before failing," he says. "Today,
these forgotten tires are anywhere from six to 15 years old and they are likely
to fail in weeks or months, not years. A re-notification to consumers as well
as tire and repair shops is needed to prevent these tires being used unknowingly."
Sean Kane, president of Safety Research & Strategies, a
Rehoboth, MA-based auto safety research and consulting firm, first alerted
the public to the dangers of ATX tires on Explorers in July 2000. Kane called
for a recall of Firestone ATX and Wilderness tires after discovering that
Ford was recalling the same tires in overseas markets. Nine days later, Firestone
announced its first recall in North America. SRS has also been at the forefront
of tire- aging research and continues to advocate for tire manufacturers to
create expiration dates for tires.
Paul Byron is a law partner at Overchuck, De Marco, Byron &
Overchuck, PA, located in Winter Park, FL.
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Source: Safety Research & Strategies
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