Tire Blowout Truck Accidents
Large truck tire blowouts place other drivers in harm’s way. Tire fragments can function as missiles that hit other vehicles, and the truck itself can collide with vehicles, resulting in a serious accident. The Lanier Law Firm helps tire blowout truck accident victims claim their well-deserved compensation when they are harmed because of negligence.
According to Carsurance, tire defects account for nearly one-third of all truck-related accidents. This is inexcusable. The Federal Motor Carrier Safety Administration (FMCSA) requires truck drivers to perform daily inspections of their trucks, including the tires. Failure to complete a required safety inspection is negligence. When other drivers are harmed because of a truck driver’s negligence, the driver and the trucking company face liability.
What happens when a truck blows a tire?
What causes truck tires to explode?
According to Foley Rig 360, a truck parts and service provider, the three most common causes of tire blowouts are:
- Underinflation – This causes faster wear leading to blowouts.
- Overloading – Exceeding the load capacity of trucks and tires places undue pressure on the tires and serves as a blowout time bomb.
- Road conditions – Potholes and other issues on poorly maintained roads throughout the nation can expose the tire to sharp impacts and overall weakening of tires, making them more vulnerable to blowouts.
Injuries in a Truck Tire Blowout Accident
According to an NBC News 4 San Antonio report, a tire blowout on an 18-wheel gravel hauler caused a three-vehicle crash that killed one man and sent another to the hospital. The blowout caused the 18-wheeler to swerve into the left lane and crash into the other two vehicles. The car carrying the man who passed away crashed up onto a concrete barrier and burst into flames.
This unfortunate scenario underscores the devastating nature of these types of accidents, which can cause burns and death. According to AICA Orthopedics, injuries following a semi-truck accident can also include the following:
- Whiplash and other neck injuries
- Injuries to the spine and spinal cord
- Head injuries
- Traumatic brain injuries
- Broken bones
- Internal organ damage
- Skin injuries
- Soft tissue injuries
How much is my truck tire blowout accident case worth?
The value of a case depends on the facts specific to that case, including the severity of your injuries, the resulting financial losses and the long-term impact of the accident. Compensation is generally the highest in cases involving permanent disability or disfigurement.
Economic Damages
Economic damages, which are also known as special damages, are verifiable monetary losses, including but not limited to the following:
- Medical expenses
- Lost wages
- Lost earning capacity
- Rehabilitative costs
- Medical equipment
- The costs of necessary services
- Lost business opportunities
- Property damage
In cases of wrongful death, economic damages can also include the following:
- Funeral expenses
- Burial expenses
- Medical expenses of the deceased
- The pecuniary losses caused by the death
- Projected lifetime earnings
- Lost inheritance
Non-Economic Damages
Non-economic damages, also known as general damages, are the subjective, non-monetary harms that stem from the accident, including but not limited to the following:
- Loss of society
- Loss of capacity to enjoy life
- Mental anguish
- Emotional distress
- Pain and suffering
- Disfigurement
- Loss of consortium
- Loss of bodily functions
In cases of wrongful death, non-economic damages may also include the following:
- Pain and suffering of the deceased
- Pain and suffering of the family
- Loss of companionship
- Loss of consortium
- Loss of parental guidance
The state of New York does not allow families to file a claim for their own mental anguish or pain and suffering, but they can file a claim for the pain and suffering of the victim.
Punitive Damages
Punitive damages, also known as exemplary damages, are considered non-compensatory damages, which means they are not awarded as a means of compensation, but rather as a punishment against a defendant whose injurious conduct was especially egregious. Punitive damages are commonly awarded in cases involving drunk driving.
The state of Texas limits punitive damages to the greater of the following:
- $200,000
- The total non-economic damages awarded up to $750,000
Neither California nor New York imposes limits on punitive damages.
In cases of wrongful death, family members may be able to claim punitive damages on behalf of the deceased if they would have been recoverable had the deceased lived.
Who is at fault for a truck tire blowout?
Fault in a truck tire blowout is generally determined by the cause of the blowout. If the blowout was caused by a road condition that was unavoidable for the trucker, the governing entity responsible for road maintenance may be liable. If the tire was worn or underinflated, or if the truck was overloaded, the driver and the trucking company could be liable. If the tires were defective, the manufacturer may be liable.
When should I contact a truck tire blowout accident attorney?
Early involvement by an experienced truck accident attorney is critical to building a strong case. Experienced attorneys investigate accidents thoroughly, and fresh evidence is generally more complete and accurate. The attorney will also need time to consult with medical experts, life care planners and forensic experts. The attorney will need time to access and review your medical records.
These processes take time, and they must be completed before your case can be filed. The statute of limitations is just three years in New York and two years in California and Texas. In cases of wrongful death, the statute of limitations is two years in all three states.
Contacting a lawyer as soon as possible will ensure the attorney has plenty of time to file your case well ahead of the deadline.
How can a truck tire blowout accident lawyer help me with my case?
An experienced truck accident lawyer can handle all the legal details for you while you focus on recovery. The attorneys at The Lanier Law Firm provide compassionate, personalized care with a focus on pursuing the maximum compensation available so you will have access to the most advanced medical care and so you can experience financial security if your injuries are permanently disabling.
What are the upfront costs of hiring a personal injury attorney?
At The Lanier Law Firm, we are dedicated to helping accident victims access the highest quality of legal care available so they have a fair chance against the insurance companies. We accomplish this by offering our services with no upfront cost to the client. We collect our fees only if and when we secure compensation for you. The amount we collect will be disclosed to you up front.
Why should I select The Lanier Law Firm?
The Lanier Law Firm was established in 1990 by Mark Lanier. Over the past 32 years, the law firm has grown into one of the nation’s most respected personal injury law firms with offices in Houston, New York City and Los Angeles.
The Lanier Law Firm has been recognized as a U.S. News & World Report Best Law Firm and awarded Most Impressive Plaintiff Verdict of the Year by Courtroom View Network. Mark Lanier has been named one of the 50 Most Influential Lawyers in America and Trial Lawyer of the Year.
These recognitions are the result of the passion and work ethic with which the firm’s attorneys approach cases. The clients’ experiences confirm this, as expressed in the testimonials below:
I truly want to thank you for your tenacity in winning battles for your clients of mesothelioma. Our family is very grateful to know your tireless efforts not only helping us but so many others that share the same story.”
– Kathleen R.
“Just want to thank you for the work that The Lanier Law Firm does on behalf of those who could not defend themselves for many reasons. I will be eternally grateful.”
– Deb H.
“Every individual in your firm with whom I contact was so very kind and respectful to me. I want to thank all who handled my case so brilliantly.”
– Patricia J.
With The Lanier Law Firm on your side, you are in the hands of some of the most experienced and talented attorneys in the world. Don’t let the statute of limitations run out. Contact us today to schedule a free consultation.
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