Tire Blowout Lawyers
Legal Liability of Tire Blowouts
Most people don’t know that there is a season when tire blowouts occur most often. It begins in the middle of May and goes until early October. This is based on information supplied by tire companies, and the reason is simple. From early spring to early fall is when the outside temperature is the highest. This is also the time of year when people are driving farther and faster. They will also be driving vehicles that are more heavily loaded. Other things that contribute to tire blowouts are hitting obstacles, improper tire pressure, and more. Tire blowouts can cause accidents that result in property damage, injuries, and other potential expenses.
Every person on the road is expected to drive as a reasonably prudent person. This is a legal definition based on a hypothetical person. A prudent person is considered someone who behaves how a responsible member of society is expected to act in certain situations. This is considered a confusing standard and something that is determined by juries. Should a person drive safely and experience a tire blowout, it could result in debris on the road that is unexpected and unavoidable. Even a reasonably prudent person could be held responsible for the damage and injuries that result from the debris caused by their blowout.
A prudent person is considered someone who regularly inspects their tires. They will make certain that the tires are properly inflated. A prudent person does not drive with tires that are defective. However, the law does not require a prudent person to have the automotive knowledge of a mechanic. They will be expected to discover and handle obvious problems. This could be something such as a visible tear in the tire with a nail sticking out of it. Should something like this be discovered, a prudent person is expected to not drive their vehicle until the problem is fixed.
An automotive professional should be able to detect a tire’s defect. That professional may be held liable for an accident should a tire they inspected have a blowout. If the tire was not properly installed or the wrong type of tire was used, the mechanical specialist could be liable. Should a blowout result from a tire that has been determined to be defective, the manufacturer and the retailer could be held liable. This could happen if the defect was a result of the tire’s design or the manufacturing process. A retailer can be held liable if a tire was delivered in good condition, but was damaged while in the store. Retailers are also responsible when a tire deteriorates from conditions in their showroom.
If a tire has sufficient tread separation, it is defective. This can result from being manufactured using inferior materials. When a tire has tread separation, it has a greater chance of having a blowout or tear. This could occur when the vehicle is going an average speed. Should a blowout occur when a vehicle is going at a high rate of speed, serious property damage, and injuries can happen.
When drivers experience a blowout from a tire, they could have a very serious accident involving a crash, rollover, or hit another vehicle. Individuals have experienced everything from traumatic brain injuries to permanent scarring, broken bones, lacerations, neck injuries, or even death.
There are three different parts of a standard automobile insurance policy that should cover any damage or injuries resulting from a tire blowout. The tire itself could be covered by a warranty provided by the manufacturer. Liability coverage could cover damage to another person’s vehicle. This is required coverage in every state and the District of Columbia. Should a person’s vehicle become damaged, but no other vehicle is damaged, comprehensive coverage could cover vehicle repairs. This will usually not cover replacement of the tire. There are car insurance policies that provide personal injury protection coverage. This will provide coverage for a driver’s medical payments that result from injuries sustained during an accident involving a tire blowout.
Most people don’t have experience dealing with insurance companies. It’s important for an accident victim to realize that the insurance company will try to pay them as little as possible. It may be important for them to get legal representation since an experienced attorney will know how to handle the insurance company. They have the legal knowledge necessary to seek a fair settlement for an accident victim. Call 800-863-5312 to get a free consultation with the tire blowout lawyers from Zinda Law Group today.