Tire blowouts on the road are terrifying. Tire blowouts commonly lead to damaged vehicles, auto accidents, and injuries, whether they occur on your tire or the tire of a nearby vehicle.
Compared to other auto accidents, determining responsibility in a tire blowout disaster can be more difficult. In addition to potential old driver negligence, there may be grounds for product liability. If you are involved in such a situation, visit brianazemikalaw.com.
How do you determine liability in a tire blowout vehicle accident?
It can be challenging to decide who is at fault in a tire blowout accident. The tires and other accessible evidence will be thoroughly examined by investigators and first responders, just as in any traffic collision.
In a tire blowout collision, multiple individuals could be held liable, including:
Product liability claims
If the driver of a car with a tire blowout can prove that the tire was put improperly or was defective, they may have a claim against the tire, wheel, manufacturer, or installer. Such lawsuits are classified as product liability cases, and the driver may be entitled to compensation for damages and loss of value to their belongings (like their car) if they can show that the tire or installation was defective.
Experts are usually hired to examine and testify about the conditions of blowouts to prove this kind of lawsuit.
Driver negligence
In the case of someone else being struck by a car with a blown tire, the other individual may be able to sue the driver for negligence as well as the manufacturer or installer for product liability.
Since these claims are similar to other auto accident claims, a victim typically would only pursue the claim against the driver. The victim only has to demonstrate that the driver was negligent, not that the tire had a flaw. Despite being told to do so regularly, drivers rarely check their tires, making this task usually simple.
However, a driver who routinely maintains their tires might get a blowout. If the careful driver can legitimately attest that there were no signs or hints of wear, this could be an issue for a third party who was hurt.
To help them determine how to proceed with their claim, people who have been in a car accident that was caused by a tire blowout should consult with an expert lawyer. A claim may be unwinnable if it fails to be filed against the liable party within the allotted time.
Government entities
Tire blowout crashes are sometimes caused by dangerous driving conditions or poorly maintained roadways. A government agency in charge of road maintenance could be held liable for accidents brought on by tire blowouts if they failed to maintain safe driving conditions or address realized dangers.
What Evidence Can Be Used to Establish Liability in a Tire Blowout Crash?
Collecting proof to back up your claim is essential to establish liability in a tire blowout collision. This may consist of:
- Maintenance Records: It is possible to determine whether a driver takes care of the vehicle’s tires by documenting tire maintenance, such as inspections, rotations, and replacements.
- Photographs: Photographs of the accident site, emphasizing tire damage and the state of the road, may offer significant evidence.
- Expert Testimony: Professional opinions from mechanical engineers, tire experts, or accident reconstructionists may shed light on the cause of the tire blowout and possible responsibility.
Why Seek Legal Advice After a Tire Blowout-Related Crash?
It is vital to get legal advice from an experienced auto accident lawyer if you are in a tire blowout collision. A competent lawyer will evaluate the details of your accident, collect evidence to back up your claim, and fight for the money you are entitled to.