Car accidents caused by a blown tire can be both dangerous and frightening. According to the National Highway Traffic Safety Administration (NHTSA), there were 738 total motor vehicle traffic fatalities in 2017 in tire-related crashes. When a serious injury or fatality occurs after a motor vehicle accident, the victim or their families have certain rights and may eligible to recover damages.
Why Did the Accident Occur?
In a personal injury claim, one of the first areas that an attorney will look at is why the accident occurred. One of the causes of an accident could be due to the vehicle itself, which may include the tires. The investigation into what caused the accident could also prove that more than one party is at fault.
Determining and Proving Negligence in Florida
When a personal injury claim is filed, one critical step is determining and proving negligence. An attorney will hire a team to help investigate the accident which may include expert witnesses and other professionals. In the event of a tire blowout, the attorney and their team will look into varying factors. For example, if there is an issue found with the tires, a product liability claim may be filed, which can call a host of different issues into question such as product defects, manufacturing issues, assembly, improper installation, etc.
Who is Responsible for an Accident Caused by a Tire Blowout?
When it is determined that an accident was caused by a tire blowout, the next step is to determine why the accident occurred and who was responsible. In some instances, there may be a case for both product liability and driver negligence.
A tire failure case is similar to a product liability or product negligence case. In any negligence case, there are four essential elements which are duty, breach, causation, and damages. In a tire blowout accident claim, you must prove the duty on the part of someone to maintain the tires appropriately; there must be a breach of the duty that occurred as a result of that failure; there must be causation or a link between the failure to maintain the tire and the damages sustained; and there must be damages.
In accidents caused by tire blowouts, the driver’s responsibility will be reviewed by your attorney. Driver negligence in this type of accident can be hard to prove because it falls into a legal standard known as “reasonable care.” To prove that the driver is at fault, you will have to prove that they did not act as a reasonable person in the same situation would have acted. For example, if there was debris in the road, the attorney may look at whether they can prove whether the object was avoidable or not. There may be different standards depending on if the driver was acting in a commercial capacity or personal use.
If a tire blowout is caused by a problem due to the negligence of the vehicle owner, they may be held responsible. This may include improper tire maintenance such as under-inflation.
Local Government / City / Etc.
When a tire blowout accident is due to a road hazard such as a pothole, the government may be held responsible. However, Florida’s sovereign immunity law may make it difficult to bring a case against the government and may limit damages that can be recovered. Speak with an attorney to learn more about how this may affect your case. We can be reached at (305) 662-6178.
One additional area of negligence that an attorney and its team will review in tire blowout accidents is how well the tire was made. For example, if a tire manufacturer uses poor materials or improper assembly, the company may be held liable.
Steps to Take After a Car Accident in Miami
While the statute of limitations to file a claim varies, it is important not to wait and to speak with an attorney as soon as possible after a car accident. One reason for this is that insurance companies will likely be involved quickly and may take steps to try to limit or deny a claim. A personal injury attorney can speak with the insurance companies on your behalf and help protect your rights.
After a tire blowout accident, it is also important to document the claim. An attorney can help you inspect the tire and preserve the tire. They will then have it investigated by an expert witness who can make a determination as to why the tire failed and who was at fault.
What Type of Compensation Can I Expect After a Car Accident?
The type of compensation that you can expect after a car accident will vary depending on the specifics of your particular case. An attorney can help review the details of your incident to determine what options may or may not be available.
In a tire failure or blowout case, various parties have the right to sue. Primarily, the party that was injured has the right to sue and to pursue a claim against all negligent parties. This may include the person who installed the tire, the person who manufactured the tire, or the owner and operator of the vehicle. Because of this, the type of compensation available will vary in each case. Contact a personal injury attorney with experience in tire blowout or tire failure cases in Florida to learn more. Our team of attorneys can be reached at (305) 662-6178.
Understanding the Car Accident Settlement Offer and What to be Aware of
During the process of a car accident case, it is common for the parties to attempt to reach a settlement agreement. Our team of lawyers utilizes the latest in technology along with expert witnesses to help illustrate how and why the accident happened. Through meticulous preparation and steadfast advocacy, we are often able to work with negligent parties on a settlement offer. If a settlement is not reached, our team is fully prepared to represent our clients in court during a jury trial.
At Panter, Panter & Sampedro, we have the attorneys and resources needed to help you whether your case is big or small. We work on a contingency basis which means we do not collect fees unless we are able to secure compensation on your behalf. Get started with a free consultation by giving us a call at (305) 662-6178 or visit panterlaw.com.