3 FAQs About Car Accident Claims Involving Tire Blowouts

Modern tires are able to withstand far more wear and tear than their predecessors, but blowouts can still occur—and they often cause devastating accidents. In 2017 alone, nearly 750 traffic fatalities were attributed to collisions caused by tire-related issues. Those who are lucky enough to survive such wrecks are likely to sustain debilitating injuries.

Fortunately, accident victims or their surviving loved ones may be entitled to compensation for healthcare costs, lost income, and other damages; however, recovering damages after a tire-related crash can be complicated. There are several parties who might be liable, and even with strong evidence, the opposing party might still dispute your claim.

Read on to learn the answers to a few FAQs about tire blowout accident claims:

1. Who Might Be Liable for a Collision Caused by a Tire Blowout?

When a tire blowout causes an accident, there are several parties that could be liable (or share liability) for the resulting damages. Those parties include:

• The tire manufacturer;
• The mechanic who rotated, replaced, or filled the tire;
• The municipality responsible for maintaining the road where the blowout occurred;
• The owner of the vehicle that had the blowout; or
• Passing motorists or passengers who tossed debris onto the roadway.

2. How Can I Prove Liability for a Tire Blowout Accident?

As with any car accident claim, the strongest evidence of liability will depend on the circumstances surrounding the wreck. Generally speaking, valuable evidence might include:

• The tire itself;
• Blueprints or schematics of the tire’s design;
• Recall data or previous complaints regarding the tire;
• Vehicle maintenance records;
• Dash cam footage or surveillance recordings of the accident;
• Eyewitness testimony;
• Statements from accident reconstruction and tire experts; and
• Photographs of the road conditions where the wreck occurred.

3. What Kinds of Damages Can I Pursue Following a Tire Blowout Accident?

If you were seriously injured in a tire blowout accident through no fault of your own, you have the right to pursue compensation for the resulting economic and non-economic damages. In the state of Florida, potentially recoverable damages in car accident cases include:

• Emergency medical expenses;
• Anticipated healthcare bills;
• Home care;
• Ongoing rehabilitation;
• Property damage;
• Alternative transportation;
• Lost wages and benefits;
• Loss of future earning capacity;
• Home and/or vehicle modifications necessary for accommodating any new disabilities;
• Child care;
• Domestic help;
• Emotional distress;
• Loss of enjoyment in life; and
• Pain and suffering.

If your spouse has suffered the loss of love, companionship, intimacy, and affection because of your injuries, he or she may also be entitled to loss of consortium damages.

Tire Blowouts Involving Commercial Trucks

Everything above applies with equal force when the blown tire belongs to a commercial truck — but truck cases add a layer of carrier responsibility. Transporting heavy cargo thousands of miles per month can put quite a bit of strain on a commercial truck’s tires. If these tires aren’t properly maintained and replaced when necessary, a devastating collision could result. If the motor carrier failed to replace worn tires as needed, it could be held liable for the resulting accident; if, on the other hand, the tires were defective, the manufacturer might be responsible. In addition to the evidence listed above, truck cases may also turn on logs from the truck’s event data recorder, the carrier’s maintenance records, and weigh station receipts.

4. How Long Do I Have to File a Lawsuit After a Tire Blowout Accident?

Since there are several exceptions to personal injury statutes of limitations, it’s wise to seek legal counsel as soon as possible. Typically, injured parties have two years from the date on which they were hurt to bring their case to court.

If you lost a loved one in the accident, though, you have just two years to file a wrongful death suit. And if you want to sue a government agency for failing to maintain the roads, you must submit written notice and allow for a 180-day investigation. If your claim is denied, you then have three years from the date of the crash to file suit.
Speak with a Florida Car Accident Attorney Today

At Weston & Pape, we have a tireless commitment to the emotional, physical, and financial wellbeing of our clients. Our attorneys understand the devastating toll that unanticipated injuries can take on accident victims and their families, and they will do everything in their power to fight for the full compensation you deserve. Call 772-266-5555 or fill out our Contact Form to schedule a free consultation with a car accident lawyer in Florida.