A Michigan man, driving on a Detroit area Interstate on November 8, was killed by a tire that came off a car traveling in the opposite direction.
The tire somehow became free, bounced over a median and hit the windshield of the decedent's SUV.
Wheels don't usually come loose from their vehicles. The potential Plaintiff, under NY law, would have the burden of proving that what happened was a result of a "wrongful act, neglect or default".
As I have written in the past, this case would be very "fact driven", dependent on inspection of the vehicle and maintenance records concerning the separation of the tire from it.
Although an investigation into the death was proceeding, a Trooper said that "it appears to be a very unfortunate accident".
I am not ready to say that this result was simply "bad luck".
There was a failure somewhere.