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4 FAQs About Tire Blowout Truck Accident Claims

August 18, 2019

by Donaldson & Weston

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 you were hurt in a truck accident caused by a tire blowout, you may be entitled to compensation for all resulting damages. If you have questions about the proceedings, the best way to get the answers you seek is to speak with a well-credentialed personal injury attorney who is familiar with cases like yours.

Read on for the answers to a few general FAQs about these cases:

1. Who Could Be Liable for a Truck Accident Caused by a Tire Blowout?

When a truck’s tires fail, there are several parties who might be responsible. At the end of the day, the proximate cause of the blowout will determine liability.

For example, 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. And if the blowout occurred due to poor road conditions, the municipality that maintains the roads may be to blame.

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

The actual tire—or the truck’s other tires, if they were purchased from the same manufacturer and installed on the same day—may serve as the strongest evidence of liability. Other kinds of evidence that might contribute to the strength of your case include photographs of the scene, logs from the truck’s event data recorder, maintenance records, weigh station receipts, and eyewitness testimony.

3. What Kinds of Damages Can Truck Accident Victims Pursue?

In Florida, personal injury claimants may seek compensation for the following damages:

  • Property damage;
  • Past and future medical bills;
  • Lost wages;
  • Loss of earning capacity and lost benefits;
  • Alternative transportation;
  • Necessary home and vehicle modifications;
  • Domestic help;
  • Child care;
  • Loss of enjoyment in life;
  • Emotional distress;
  • Pain and suffering; and
  • Loss of consortium.

4. How Long Do I Have to File a Lawsuit Following a Truck 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 four years from the date on which they were hurt to bring their case to court.

If you lost a loved one in the truck 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.