4 FAQs About Motorcycle Accidents Caused by Tire Blowouts
When a reckless driver causes an accident, anyone who is injured as a result would most likely file a claim against their own PIP insurance carrier or the at-fault motorist’s insurance company. But what if a tire blowout was the proximate cause of the crash? Who would be liable for the medical bills, property repairs, and other damages?
If your motorcycle tire blew out despite the fact that you performed diligent maintenance, you may have grounds for a personal injury claim. Read on for the answers to four FAQs about these cases:
Who Might Be Liable for a Tire Blowout Accident?
There are several parties who could be liable for a tire blowout accident including:
- The company that manufactured the tire or one of its components;
- The distributor that stored and shipped the tire;
- The mechanic that installed the tire; or
- The municipality that was responsible for maintaining the roads where the blowout occurred.
How Can I Prove Liability Following a Tire Blowout Accident?
When building a motorcycle accident claim following a tire blowout, the strongest evidence of fault will depend on the circumstances. Generally speaking, the following evidence might help your attorney prove liability:
- Remnants from the actual tire;
- The other, undamaged tire;
- Photographs of the conditions at the scene; and
- Maintenance documentation.
How Can I Prove Damages Following a Tire Blowout Accident?
Motorcycle accident victims must present evidence to demonstrate the kinds of damages they’ve incurred and their value. Such evidence might include:
- Hospital bills;
- Medical records;
- Photographs of any visible injuries;
- Quotes for repairing any property damage;
- Income statements to prove the value of lost wages;
- Invoices and receipts for home care, alternative transportation, domestic help, and other objectively verifiable losses; and
- Daily journal entries detailing the ways in which the injuries are impacting your quality of life.
How Long Do I Have to File a Lawsuit After a Tire Blowout Accident?
In the state of Florida, the statute of limitations for most personal injury claims is four years; however, since critical evidence may not be available indefinitely, it’s wise to start building your claim as soon as possible. It’s also important to remember that there are several exceptions to the typical statute of limitations.
If poor road conditions were to blame for the tire blowout, for example, and you want to sue the municipality, you must follow a different filing procedure. The specifics vary by jurisdiction, but before you can bring a suit against a government entity, you must typically provide written notice of the claim.
The agency then has 180 days to conduct an investigation. If they end up denying the claim, you then have three years from the date of the accident to file a formal lawsuit. If someone in your family died in a tire blowout accident and you want to file a wrongful death lawsuit against a government entity, the statute of limitations is two years.
