Tire blowout accidents occur in the blink of an eye and without warning. You could be having a great time behind the wheel, and before you know it, your car is spinning out of control. You have absolutely no time to react.
Experiencing a popped tire is much more than an inconvenience. In fact, tire blowout is responsible for serious road accidents, with massive fatalities. Victims may be entitled to compensation and other damages; however, pinpointing the one responsible for the accident can be challenging, often requiring thorough investigation.
If you sustain injuries from a tire blowout accident, you’d probably have numerous questions. Below are some of the most frequently asked questions about tire blowout accidents?
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Should I hire a personal injury lawyer after a tire blowout accident?
If you sustain injuries in a tire blowout accident, you can file a claim with the insurance companies. This means you will battle it out with experienced negotiators whose main goal is to deny or reduce your compensation.
While you can file a claim without legal representation, having a lawyer by your side levels the playing field. Personal injury attorneys are proficient negotiators and will not allow the insurance providers to compromise your compensation. Besides, your compensation is likely to be much higher when you have legal counsel beside you
Who is liable for a tire blowout accident?
Several parties can be responsible for a tire blowout accident, including the tire manufacturer, the car owner with the defective tire, the car’s mechanic, or nearby drivers or passengers. Poorly maintained roads and warm weather are also a risk factor for tire blowouts.
A car accident lawyer can help determine liability to give you ground to a lawsuit. The lawyer may file a claim based on negligence. Alternatively, they may file on strict liability, meaning liability can be enforced without a finding of negligence. For instance, if the tire is found to have a manufacturing flaw, the manufacturer is automatically held responsible for the accident.
What kind of damages can I recover after a tire blow out accident?
If you sustain injuries from a tire blowout accident because of someone else’s negligence, you may receive compensation for the damages incurred.
Compensation may cover medical bills, pain and suffering, mental and emotional anguish, property damage, lost wages and benefits, scarring and disfigurement, home care, loss of enjoyment of life, and more.
You may be entitled to punitive damages often recovered by proving the defendant’s negligence in some cases. In addition, if your spouse has suffered the loss of affection, companionship, or intimacy because of your injuries, they are entitled to loss of consortium damages.
What evidence might help in my case?
Evidence is everything in your claim. Often, the tire itself is the fundamental piece of evidence, especially when it is the manufacturer’s fault. For example, if the tires were purchased and installed that same day, liability can only point to the manufacturer.
Other than that, your lawyer can use photos of the scene, eyewitness testimony, and surveillance recordings, medical and financial records to strengthen your case.
How can I strengthen my claim?
Once you have gathered enough evidence at the scene of the accident, armed yourself with medical documentation, and contacted a lawyer, the following can further strengthen your claim:
- Do not give a statement to the insurance provider or defendant
- Refrain from using social media
- Keep a record of the effects of the injuries and that of the damages
- Follow your doctor’s orders
Tire blowout accidents can be devastating and confusing. The best way to deal with the situation is to hire a personal injury lawyer who has experience with cases like yours.
