Tire Blowout Liability for Truck Accidents
Every year, tire blowouts cause more than 400 deaths and over 78,000 crashes. Unfortunately, tire blowout accidents cause problems for drivers and other passersby on the road. The bursting of a tire can cause serious injuries or take someone’s life. If you have been in this type of accident, then you should contact a law firm that handles truck-related cases immediately.
Many tire blowout accidents are caused by negligence on the part of the driver. Read on to find out how to prove fault in a tire blowout accident caused by a big rig.
Understand How A Blowout Occurs
A tire explodes and rapidly loses air pressure. Not enough air pressure allows your tire to flex beyond its elastic limit. This results in the rubber overheating to the point of losing its bond to the steel cord reinforcement. If you see rubber debris on the highway, then this is evidence of a tire blowout.
When a tire blows out on a big rig, shards of rubber can fly out into traffic. The debris from the tire presents a danger on the highway because of it blocking traffic. At the same time, the impact of the explosion may cause the truck driver to lose control. The size of a big rig does not help this situation. A big rig can roll over or the driver can steer the truck into the path of another vehicle.
Choose An Argument For Your Case
Some trucking insurers will try to blame the accident victims. A knowledgeable big rig accident lawyer in Los Angeles intends to launch an investigation while the evidence is still fresh. If you wait to gather evidence, then it may not be there to collect. You can lose out on video of the accident scene or lose the chance to interview witnesses.
In tire blowout cases, you can blame the tire manufacturer, the truck driver and the trucking company. However, it is easier to win a case against the truck drivers than the other companies. You have to prove the driver was negligent. Many truck drivers do not inspect their tires regularly despite it being a requirement.
Check Company’s Records
Truck drivers must carry out a mandatory inspection before getting on the road. They have to check the load, tires, brakes, lights, reflectors, steering and mirrors. Unfortunately, some truck drivers do not go through this inspection. If you need to make a repair, then general maintenance should be done before getting on the road.
To see if the driver is following protocol, your legal counsel will ask for the company’s inspection records. He or she will examine the evidence at the accident scene and the trucking company’s record. This information can determine if the truck was overloaded and whether the tires were inspected regularly.
Know The Cause
A tire blowout occurs for different reasons. These reasons include lack of tread, improperly recapped tire tread, wrong tire size installed, driving excessive high speeds and excessive heat. It helps to determine the cause to prevent the truck driver from blaming the tire manufacturer. Many tire blowout accidents are often caused by improper maintenance, which holds the truck driver or truck company liable. Truck drivers must follow FMCSA regulations. If not, these actions can be considered negligent on the part of the trucking company and driver.
If multiple defendants are at fault in the accident, then the judge will determine damages for the plaintiff. Each defendant can be assigned a percentage of liability. Every accident case is different, which is why you need to talk to a Los Angeles personal injury attorney. Your legal team will come up with the best strategies to present your case to the defendant and insurance company.
Hire An Expert Witness
When working with a truck wreck lawyer, you have access to the legal firm’s resources. Your truck wreck lawyer will hire an expert. An expert can evaluate your vehicle and its components. He or she will carry out a detailed inspection. It includes checking the treads for separation and wear and tear. The expert will check to see if added weight caused stress on the tires and the amount of miles driven on your tires. A report will be written from your expert’s findings and your expert will provide a testimony at the hearing as well.
Get Medical Attention
If you want compensation for your injuries, then you need proof. You should go to the hospital immediately. The hospital will document your treatment and you can request a copy of your records. Your injuries also will cause you to incur medical bills. If you have an injury, then it is likely that you are not going to be able to work.
A vehicle accident can be an emotional roller coaster. Some accident victims may experience pain and suffering that leads to depression.
Get A Police Report
Police officers are the first on the scene of an accident. They will interview the people involved in the crash and the witnesses. After gathering the information, it is put in a police report. Police officers can also testify to their account in the courtroom.
Take Pictures
Most people have a camera in hand because of their cell phones. After the accident, you should take pictures of the scene. If you are hurt, then you should ask someone else to take the pictures. This someone should be a friend or loved one. A picture allows the judge and jury to see the actual accident scene.
The trucking company and the driver must perform routine maintenance and inspections. It is especially important for inspections and maintenance to be regularly done on the tires. If not, one or both parties are responsible for liability for accidents from tire blowouts. However, the trucking company usually pays for the damages from these types of accidents. If you want to bring negligent parties to justice, then it is time to request consultation.
Contact A Truck Accident Attorney Los Angeles
If you or a loved one were a victim in a truck accident, you should definitely get in contact with a reputable truck accident law firm in Los Angeles. Our team at Grey Law has the skills and experience in getting you the compensation and justice you deserve for the losses you endured. We understand how detrimental the repercussions can be after a truck accident, which is why you should never try to handle your case on your own. By hiring us, you will be able to understand your case thoroughly and we will always make sure to never leave you out of the loop with your case. Our team is extremely attentive and informative, which will have you feeling confident in choosing us as your law firm.
At Grey Law we will do whatever it takes to get you the help that you need during this difficult time. Free consultations are available upon request, and we do not charge any fees unless we win your case.
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