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Of all the many things that can cause a motor vehicle accident, perhaps the most frightening is a tractor-trailer tire blowout — especially if your vehicle is in close proximity to the truck when the blowout occurs.
Many car owners today choose to drive smaller vehicles so as to not only save on the cost of gasoline, but also to help protect the environment. If you are one of these people, however, this puts you at about eye level with the tires of a tractor-trailer. If a blowout occurs, you could, and likely will, sustain serious injuries in the resulting accident.
Many things can cause a truck tire to explode. Here are just a few common reasons why they do so:
In addition, the following mechanical issues can lead to a blowout:
A truck tire blowout, especially if it occurs at highway speeds, is a very serious occurrence indeed. Possible consequences include the following:
Given the explosive nature of a truck tire blowout, your injuries could be catastrophic, especially if the truck collides with your vehicle. Common injuries in such accidents include the following:
As with any accident involving a large truck, it can be difficult to establish blame, and therefore liability, for its blown out tire. This is where having a knowledgeable personal injury attorney, especially one with a good deal of experience in handling truck accident cases, can make all the difference in the amount of compensation you likely can ultimately obtain.
Depending on the results of your lawyer’s thorough investigation of the accident, he or she may conclude that liability rests with one, or even all, of the following:
If the truck driver was an owner-operator, or if he or she drove as an independent contractor for a trucking company, primary liability for your injuries likely rests with him or her. For instance, consider the following:
Assuming the driver was an actual employee of a trucking company, that company may also be at least partially liable for your injuries. Such companies have the duty to maintain their vehicles in good operating condition, including preventing blowouts if at all possible.
If the trucking company, or the owner-operator himself or herself. relied on a maintenance company to keep the rig in tiptop condition, you may also have a cause of action against such company. Your lawyer will want to delve into its hiring practices to determine if its employees were properly trained and skilled.
Finally, depending on the results of your lawyer’s accident investigation, you may have a cause of action against the tire manufacturer, especially if its tires have a history of blowing out more often than those of other tire manufacturers.
In addition to conducting a thorough accident investigation, your lawyer can also do the following:
Depending on who you ultimately sue, you likely will proceed under one of two legal theories: negligence or defective product.
If your lawsuit is one for personal injury, you undoubtedly will proceed under the theory of negligence. In other words, you will not claim that the defendant or defendants deliberately caused the blowout, and therefore your injuries, but rather that they negligently did or failed to do something that caused it.
Generally, to win a negligence-based lawsuit, you must prove the following:
If you wind up suing the tire manufacturer, you likely will proceed under the theory of product liability. Here your proof must be that the manufacturer, or someone in his or her supply chain, produced and placed an inherently dangerous tire into the market that contained one or more of the following defects:
Under either theory, you will be seeking to recover two types of damages: economic and noneconomic.
Economic damages are amounts that you lose in medical expenses and income, both now and in the future. Examples include the following:
Noneconomic damages are subjective in nature and include such things as the following:
This one is easy. Simply contact Fielding Law. We are one of the premier law firms in Texas and Utah, and have been been helping our injured clients, including those hurt in truck accidents, for decades. We have the big firm power to aggressively pursue your truck tire blowout claim, plus the small firm approach that gives you the personal attention that you seek and deserve.