Tire blowouts occur without any prior warning, causing the driver to lose control of the vehicle. The results could be a devastating accident in which many people are injured and lots of property destroyed. The truth is that some tire blowout accidents are preventable. Some are caused by negligence from one or more parties. It means that a particular party’s careless actions could cause a tire blowout accident.
If you or someone you know has been injured in an accident like that, it is advisable to engage the services of an experienced personal injury attorney to recover damages. Your attorney can help you establish the cause of the accident to identify the responsible party. You may be able to recover all your damages if you can prove that a negligent party caused your injuries.
Who is Responsible for a Tire Blowout Injury?
A tire blowout is quite scary when it happens while you are in the middle of the road. It can cause a severe accident, in which the vehicle, other vehicles on the road, passengers and oter moorists could be injured. Tire blowouts can affect even the most experienced, careful driver. Once a car with a tire blowout loses control, it can cross lanes and slam into other vehicles, or even flip over, leaving a series of damages behind. Understanding the cause of the blowout is crucial in determining the responsible party. If you or your loved one has been injured in a tire blowout accident, here are possible liable parties you can think of:
The driver is always the first person of interest whenever an auto accident occurs. Most auto accidents happen because drivers are not careful enough while on the road. Some drivers operate vehicles while intoxicated. Others drive at more incredible speeds than required. In any case, a person who has been injured in a tire blowout accident will first blame the driver for his/her injuries before considering other possible causes.
Drivers have a greater responsibility of ensuring their safety and the safety of other road users at all times. That is why there are strict traffic rules that drivers must always adhere to. They owe a duty of care to every road user, including other motorists, pedestrians, motorcyclists, and bicyclists. If any driver bleaches that duty of care, maybe through distracted or drunken driving, California laws demand that the driver be held responsible for the resulting damages. People who suffer injuries or lose their property to destruction in those accidents can sue the driver for compensation in a civil court.
In a case of a tire blowout accident, a driver can be held responsible for several reasons. The driver could be the vehicle owner, which means that he/she is responsible for the repair and maintenance of his/her vehicle. Drivers are required by the law to ensure that their vehicles are well maintained, and tires are changed as soon as a problem is detected. A vehicle owner who does not regularly check his/her tires is negligent, and this negligence can result in an accident, which will affect other people in many ways.
Some motorists will still drive a car even when they are aware that one or more of their tires are old or defective. It is another major cause of tire blowout accidents in San Diego. If it is established that the vehicle had a defective tire from the beginning, and the driver was aware of it, the driver will be responsible for the resulting damages.
A driver is also responsible for a tire blowout accident if it is established that the accident happened because he/she was speeding. Drivers in California are required to always observe speed limits while on the road. While speeding, it is impossible to react on time if there is a problem on the road like a pothole. Therefore, you may not avoid an accident, however smart a driver you are. Again, the impact of an accident caused by a speeding vehicle is more shattering.
Some drivers are not directly responsible for the repair and maintenance of the vehicles they operate. This is in cases where the driver is a mere employee. In that case, the vehicle owner will be responsible for the resulting damages in a tire blowout accident if he/she is found to be negligent. Vehicle owners also owe a duty of care to their drivers and other road users. If they are careless in any way, and their carelessness results in an accident, the injured can file a lawsuit against them for compensation.
Vehicle owners will be held responsible if the cause of the tire blowout accident was worn-out or improperly maintained tires. Generally, vehicle owners must ensure that their vehicles are always in good condition to avoid an accident. If a driver is hired and given an improperly maintained vehicle, he/she may not be aware that the vehicle has faulty tires. If an accident occurred, an in-depth investigation would reveal the accident’s actual cause, and the vehicle owner will be held responsible for the resulting damages.
Most tire blowout accidents in san Diego are caused by trucks or commercial vehicles. When commercial vehicles are involved, responsible companies must follow guidelines to ensure that their cars are safe to drive at all times. An experienced attorney understands these guidelines too well to develop a strong case against the vehicle owner. The company will be required to provide proof that it has been following all safety guidelines. Failing to follow these safety guidelines is enough proof that the company was negligent. Your attorney will gather enough evidence against the vehicle owner to ensure that the court grants you maximum compensation for your losses.
For example, the vehicle that caused a blowout accident could have been an overloaded truck. Remember that tires have weight limits beyond which they might explode. The responsible truck company will, in this case, be held accountable for the resulting damages. When a vehicle is overloaded beyond its capacity, it causes the tires to overheat and eventually explode. The resulting accident could be severe considering how hard it will be for the driver to control the overloaded truck.
Note that the vehicle owner could also be a company. It means that you will be filing a lawsuit against the company for negligence. An experienced personal injury attorney knows the guidelines that must be followed when the responsible party is a company. He/she also knows how to negotiate for a fair settlement out of court. If the responsible company is unwilling to go through the legal process, you may have a chance of recovering your losses without filing a lawsuit in court. However, you have to be careful when dealing with an insurance company as you could be tricked into accepting compensation that is less than you deserve.
Tire Installer/Auto Mechanic
If the accident investigation determined that neither the driver nor the vehicle owner was to blame for the accident, the next party of interest would be the tire installer or auto mechanic. Tire installers play a significant role in ensuring that tires are correctly and safely installed in vehicles. Any mistake made by the installer could result in a tire blowout accident. A well-trained and experienced tire installer or mechanic is sure to do the installation properly. However, if a vehicle owner trusted a company to install tires, but the company gave the job to an amateur, there is likely to be a problem.
Problems with tire installations could also arise if the person doing the installations was already tired or overworked. An overworked or tired mechanic will rush through the installation to have the job done fast. Tire installations must always follow a particular protocol. Mounting a tire is a process that must be carefully done for the overall safety of the vehicle. Overlooking an essential step during the installation could cause uneven wear on the tire, which eventually causes a blowout. Uneven wear on a tire may be impossible to see by a driver until a little too late.
Additionally, tire installers or auto mechanics could be held responsible for causing a tire blowout accident if it’s established that the tires installed in the vehicle that caused the accident were not right for that particular vehicle. It is a mistake that has happened to many vehicle owners in San Diego. A mechanic or installer who negligently installs the wrong tires, resulting in a tire blowout accident, will be held accountable for the resulting damages. Fortunately, this is a problem that can easily be detected. With the help of an expert, your attorney can develop a compelling theory of how a mechanic negligently caused the accident that instigated your injuries.
Many tire installers and auto mechanics work in companies. It means that you will be filing a lawsuit for compensation against the responsible company. However, if the mechanic or installer works individually, your attorney will guide you in filing a claim in court against the responsible person. If you have enough compelling evidence, you will recover all the losses you’ve incurred in the accident.
Sometimes an issue with the tire could have emanated from its manufacturing point. Sadly, design flaws and manufacturing defects are sometimes hard to detect even by a cautious driver. If that is the case, then the tire manufacturer will be held responsible for the resulting damages. However, you will be required to prove how the manufacturer was negligent and how their negligence caused the court’s injuries to grant your damages.
A tire with a manufacturing or design defect is more likely to cause a blowout accident than a tire in proper working condition. Tire manufacturers, just like other product manufacturers, are required by law to exercise caution during the manufacturing process to ensure that only products that are in good working condition are reaching the market. To be sure that all the tires manufactured are safe and of good quality, tire manufacturers conduct tests on products that are to be released to the market. Additionally, manufacturers must ensure that their productions are made from quality materials and by professionals.
A company that releases tires that wear out too fast to the market is likely to be held responsible if one or more of those tires blow out and cause an accident. A tire manufactured from low-quality materials can wear thin in no time and blow out even before the car owner has a chance to reasonably expect the problem. If you have suffered an injury in an accident like that, you can file a claim in court against the tire distributor or manufacturer to recover your damages.
When dealing with manufacturing or design defects, you may need the help of an expert. The expert will check the defective tire and similar tires from the same manufacturer, establish whether or not they have the same defects, and then produce a report that you can present in court as a compelling piece of evidence. The expert can even agree to come to court to provide expert testimony in your favor. California civil courts rely on reports and accounts like those to determine how a particular party negligently caused other people’s damages.
The expert will consider whether the tire had any flaws in its design. If the tire design is faulty, the court may conclude that the manufacturer intended to design the tire to make it susceptible to blowouts. An example of a design flaw that could be acceptable in this case includes the use of thin rubber or a design of a tire whose one side wears out more than the other.
If not a design flaw, the manufacturer could have made a mistake during the production or distribution process, making the tire prone to blowouts. If an expert does not find any issue on the tire’s design, he/she could check out other errors the distributor or manufacturer could have negligently made that could have led to a blowout.
Sometimes manufacturers make marketing errors that misguide users, resulting in damages. For example, a tire manufacturer could have indicated an incorrect load capacity for that particular tire brand. It could also be that the manufacturer failed to warn users about using the tires on a specific make of vehicles.
The government could also be held responsible for a blowout accident in cases where the accident resulted from poor road conditions. Sometimes even the best quality tires are unable to handle potholes and cracks on the roads. The local government or municipality that is charged with the responsibility of ensuring that public roads are in safe conditions at all times will be to blame if the road is no longer safe.
The most affected are vehicles that travel hundreds or thousands of miles every well, like trucks and other commercial vehicles. Truck companies must inspect their tires frequently to ensure that they do not have any issues resulting in a tire blowout accident. But some road conditions could be so severe as to cause a large tear on an already inspected and qualified tire.
Important Points to Note
Establishing the cause of a tire blowout is the very first step in determining liability. Some drivers do not bother to change their tires. An old tire is likely to blow out in the middle of the road, causing the driver to lose control. However, there are instances when new and well-maintained tires blow out. In that case, you need the best help in determining the actual cause of the blowout. Then you will know who to file a claim against in a civil court.
Time is of the essence if you do not want to lose your chance to file a claim in court against the responsible party. California has a two-year period for one to file a personal injury case as provided for in the Statute of Limitations. The law requires you to file a case in a civil court against the allegedly responsible party before time runs out. After two years, you may lose your chance of claiming compensation for your losses.
The help of an experienced personal injury attorney is indispensable. An experienced attorney understands the court procedures, knows the kind of evidence the court will need and the right documents to file in court. He/she will review your case, advise, and prepare a strong claim against the responsible party. Again, you need someone to work on your case as you recover from your injuries.
Find a San Diego Personal Injury Lawyer Firm Near Me
Tire blowout accidents are quite common in San Diego. They are the type of car accidents that leave a trail of destruction behind. Fortunately, there are laws to ensure that the injured are compensated for their damages by the responsible party. If you have been injured in a tire blowout accident, call us at 619-478-4059. At San Diego Personal Injury Law Firm, we have the necessary resources to help you decipher the accident and determine the responsible party.