Who is at Fault for a Miami Tire Blowout Accident?
Unexpected tire blowouts can be shocking and cause serious damage. Drivers may lose control during a blowout, potentially crashing into other drivers and causing serious accidents. If you were the victim of an accident caused by a tire blowout, you may be able to sue for compensation, whether it was your tire that failed or another driver’s. Miami car accident lawyer Prosper Shaked explains who is at fault after a tire blowout crash. If you or a loved one was injured in a car accident, call The Law Offices of Prosper Shaked today for a free consultation on your case.
Who is Responsible for a Crash Caused by a Tire Blowout?
Tire blowouts and other tire defects are sometimes a confusing element in a car accident. Because the driver was operating a vehicle with a defective tire, the accident may be their fault. However, the tire defect may actually be the tire manufacturer’s fault. If you were injured because the car with the defective tire swerved into you, things are even more complicated. Our Miami personal injury lawyer explains.
Tires should last a long time with proper use, and tires should virtually never blow out if they were being used and maintained properly. If a tire does burst, it may be due to defects in the tire’s manufacturing. The manufacturer is responsible in many cases that lead to a defective product lawsuit. Tire manufacturers owe the purchaser a duty to provide them with a product that is reasonably safe for use. A design defect or error in manufacturing can create defects that cause tires to wear unevenly, heat up wrong, and burst during use. Any accident caused by a defective tire can likely lead to holding the tire manufacturer liable for the accident.
If you were hit by another driver who suffered a blowout, you may be able to sue them for driving with unsafe equipment. Some tire blowouts are caused by problems that build over time. Tire bubbles are one of the biggest warning signs of a tire blowout, and you should never drive on a tire that has a bubble in its wall. Because the tire is thinner where the bubble is, a strong bump or sudden maneuver could cause a blowout. If a driver had a bubble, low tire tread depth, or another lingering issue, they should have gotten the tire repaired or replaced sooner. Because of this, they could be responsible for the crash.
If you were injured in a truck accident because the truck’s tire exploded or malfunctioned, you may be able to sue the truck driver and the trucking company. Trucking companies are held to high standards by federal regulations that govern things like tire quality and safety. If their tire expert allowed the truck out with damaged or dangerous tires, the trucking company may be liable for the injuries.
In some cases, the driver who suffered a blowout is also a victim, and crashing after a blowout may have been unavoidable. Because you were a foreseeable victim of a tire defect, you may be able to sue the tire manufacturer as well, but there is no guarantee. Instead, you may need to rely on your no-fault auto insurance for damages.
Getting Damages for a Tire Explosion Accident
If a tire burst and caused your crash, you may be entitled to compensation for any injuries you suffered. Whether you take your case against the tire manufacturer or a driver who was using a defective tire, you may be entitled to substantial damages for a serious accident. These damages typically include both economic and non-economic damages.
Any financial harm you suffered because of the crash can be claimed as damages. This includes the property damage you suffered because of the crash and damages due to personal injury. The costs of medical bills have the potential to be compensated in full if you take your case to court. Additionally, any wages you lost or reduced earning capacity you suffered because of the crash should be compensated.
Damages that do not have a tangible, quantifiable harm can also be compensated. The pain and suffering you faced is the most common type of “non-economic” damages. Pain and suffering damages can include compensation for the physical sensation of pain you suffered as well as mental anguish and loss of enjoyment in physical tasks and activities. You may also be entitled to damages for your spouse (known as “loss of consortium”) for lost companionship and household tasks.
While insurance might be available to cover some damages, your insurance may exclude some types of damages and may limit you to receiving only a fraction of the damages you suffered. Talk to an attorney about filing a lawsuit instead of accepting insurance funds.
Miami Tire Blowout Lawyer Offering Free Consultations
Tire blowout cases can be complicated, especially if the crash was caused by another vehicle’s blowout. For help with your case, talk to Miami personal injury lawyer Prosper Shaked today. The Law Offices of Prosper Shaked can discuss your case in a free consultation to help you understand what your case might be worth and whom you should sue for damages. To schedule your free consultation, call (305) 694-2676 today.