Months after my Des Moines hydroplane crash, can I still sue over recalled tires?
Yes - possibly, and the big thing companies hope people never learn is that a crash case can turn into a product case later if a defective part helped cause or worsen the injuries.
In Iowa, the usual deadline for an injury lawsuit is 2 years under Iowa Code section 614.1(2). If your Des Moines crash was only months ago, you may still have time to bring a claim tied to recalled tires, especially if you did not learn right away that tread separation, blowout risk, or another defect was involved.
What makes it more complicated:
- Discovery issues: If you only recently found out about the recall or defect, Iowa's discovery rule may matter. The clock usually does not wait forever, but it can become a fight over when you reasonably should have known the tire defect was part of the crash.
- Who you can sue: The manufacturer is usually the main target in a product case. The seller, distributor, or installer may also matter if they sold the wrong tire, mounted it improperly, ignored a recall, or used an unsafe repair.
- Strict liability vs. negligence: You may not need to prove the tire company was careless if the tire was defective and unreasonably dangerous. But if an installer in the Des Moines area mounted mismatched tires or botched the work, that is often a negligence claim too.
- Evidence problems: Do not let the vehicle get scrapped or the tires disappear. In product cases, the actual tire, DOT number, service records, recall notices, and crash photos can matter more than the police report.
- Older products: Iowa product cases can get harder with older tires. A tire's age, prior repairs, storage, and wear may be used against you.
- Medical bills and Medicare: If Medicare paid for treatment, repayment issues can come out of any recovery, which matters when you are on Social Security and a fixed income.
If your wreck happened on I-35, I-80, or another central Iowa road during heavy rain or storm runoff, do not assume hydroplaning alone ends the case. A recalled tire can be the reason the driver lost control in the first place.
We provide information, not legal advice. Laws change and every accident is different. An experienced attorney can evaluate your specific case at no cost.
Get help today →