What You Need to Know About Tire Blowout Claims and Lawsuits
Aftermath of a Tire Blowout Accident
How to Deal with Tire Blowouts: A Complete Guide
Tire blowout is the sudden and violent rupture of a tire which results in its sudden loss of air pressure and traction, often with no warning at any speed or time. Tire blowouts are potentially dangerous as they may lead to driver loss of control of their vehicle leading to collision, rollover and off-road crashes, as well as potential suspension, brake and other component damages to their vehicle.
According to the National Highway Traffic Safety Administration, tire blowouts cause about 11,000 crashes in the United States each year, resulting in 200 deaths. Tire blowouts may also lead to complicated and difficult legal issues as they can involve several parties such as the tire maker, the tire retailer and the vehicle owner as well as other drivers and pedestrians that were involved.
How to Prevent Tire Blowouts: Tips and Best Practices
Preventing tire blowouts from occurring is the best way to handle them. Here are a few strategies to help prevent tire blowouts:
Regularly inspect your tires
for signs of wear, such as bulges or cuts in the tread, cracks and other visible damage. Use a reliable gauge to check the tire pressure once a week or before any long trips. You can find the recommended tire pressure in your vehicle owner’s guide or on a sticker located inside the driver’s door. Overinflated or underinflated tires increase the risk of blowouts.
Replace your tires as required
according to their manufacturer’s recommendations. Most states mandate a minimum legal tread depth requirement of 2/32″; however, driving in wet or snowy weather could necessitate sooner replacements than this. You should also promptly replace damaged, defective or recalled tires from their manufacturers.
Purchase tires from reliable brands
that meet or surpass the safety standards set by NHTSA and other agencies, and check ratings and reviews on websites such as Consumer Reports or Tire Rack. Furthermore, look out for the Department of Transportation (DOT) code on your tires as this reveals their date and place of manufacture – older tires may be more prone to blowouts.
Avoid driving hazards and road conditions
that can trigger tire blowouts, such as potholes, debris, curbs, sharp objects or extreme temperatures. Furthermore, drive at a safe speed while respecting load and inflation limits on your tires – overloading or overspeeding can put extra strain on them, leading to overheating and burst tires.
How to Handle a Tire Blowout: Dos and Don’ts
If you experience a tire blowout while driving, don’t panic. Here are some dos and don’ts that can help you handle a tire blowout safely:
| Do | Do not |
|---|---|
|
Do keep a firm grip on the steering wheel and steer straight ahead. A tire blowout can cause your vehicle to pull to one side or swerve unpredictably. Maintain your direction and lane position until you regain control of your vehicle. |
Do not slam on the brakes or abruptly take your foot off the gas pedal. Braking hard or suddenly decelerating can worsen the situation by causing your vehicle to skid or fishtail. Instead, you should gently ease off the gas pedal and let your vehicle slow down gradually. |
|
Do activate your hazard lights and search for a safe place to pull over. Make your intentions known to other drivers and move to either the right shoulder or the nearest exit immediately; stopping at curves, hills, bridges or busy roads increases the risk of secondary collision or injury. |
Do not exit your vehicle until it is safe. Remain inside with the seat belt fastened until you have confirmed there are no traffic or potential dangers nearby, then check your surroundings prior to opening either the door or trunk. If necessary, exit via the side that faces away from traffic while maintaining a safe distance behind a guardrail or barrier. |
|
Do assess the damage and call for help. As part of your maintenance routine, inspect both your tire and vehicle for visible damage or leaks, check that there is a spare tire, jack and lug wrench available in your trunk, and if possible, attempt to change your own tire immediately; otherwise contact 911 or roadside assistance service for help if unable. |
|
How to Report a Tire Blowout: Authorities and Agencies
If you experience a tire blowout accident, it is essential that you report it immediately to various authorities and agencies in order to protect both your rights and interests as well as avoid future accidents from recurring. Here are some parties and entities that you may need to notify of your tire blowout accident:
The police
If there are any injuries, deaths or significant property damage involved in the accident. You should call 911 immediately after a tire blowout accident and wait for the police to arrive at the scene. Cooperate with the police and provide them with accurate, honest information regarding what occurred.
Your insurance company
If you believe that your tire blowout was due to a design or material flaw in its production process, contact customer service or the recall department of the tire manufacturer and inform them of what occurred.
The tire manufacturer
If you suspect your tire blowout is due to a defect in the tire’s design, production, or material, contact the tire manufacturer. Contact the customer service department or the recall division of the tire company and let them know about your tire blowout. Provide proofs and details regarding your tire purchase such as receipt and warranty documents. Ask them if your tire batch or model has been the subject of any investigations or recalls.
The tire retailer
If your tire was purchased from a third-party seller such as a dealer, shop, or online platform, contact them and inform them of your tire blowout incident; also providing evidence such as invoices, service records and photos as proof. Finally, inquire as to their liability or warranty provisions or complaints from other customers who experienced blowouts in order to determine what recourse there might be available from them in terms of tire blowout claims or lawsuits from customers experiencing tire blowouts.
The National Highway Traffic Safety Administration (NHTSA)
If you want to report an issue or defect with your tires or vehicle, contact the National Highway Traffic Safety Administration (NHTSA). You can file a complaint online at [NHTSA’s website] or call their hotline at 1-888-327-4236; provide details and evidence about your tire blowout incident such as make, model year and VIN as well as brand size, DOT code size, date, time, location, description, etc. – their investigation could uncover safety issues that need further investigation as well as possible recalls or warnings against them being issued against other consumers.
18 Wheeler Tire Blowout Accident Case and Laws
Tire blowout accidents involving 18-wheeler trucks can be life-altering for the victims, as these large vehicles can cause devastating damage and injuries when they lose control or collide with other vehicles. But determining who is liable can be complex as multiple parties could be involved and various laws and regulations could apply.
Liability for an 18-wheeler tire blowout accident depends on state laws and regulations that regulate trucking industries, such as those established by the Federal Motor Carrier Safety Administration (FMCSA) for inspection, maintenance and repair standards of commercial vehicles and tires. Furthermore, liability can depend upon each state’s comparative or contributory negligence laws which determine who bears fault and can claim compensation from each party involved in an incident.
If you have been involved in an 18 wheeler tire blowout accident that involved your car, legal representation from an attorney will help you identify and pursue those at fault, seeking justice on your behalf and seeking maximum compensation from them. They can evaluate your case, gather evidence, negotiate with insurance companies or defendants involved, file a lawsuit and represent you at court proceedings until verdict has been rendered if necessary; additionally they can protect your rights and interests as well as avoid making errors that might damage their case further.
If you or someone close to you has been injured in an 18 wheeler tire blowout accident, reach out to us now for a free consultation. We have the experience to represent and compensate you successfully.
How to Determine Liability for a Tire Blowout: Fault and Negligence
Establishing liability in a tire blowout case is both important and complex, as liability refers to legal responsibility for harm or damage done to another. Liability for tire blowout accidents often stems from negligence; failure to act with reasonable care in such a situation constitutes negligence.
To demonstrate negligence in a tire blowout claim, four elements need to be met:
Duty
When being sued, defendants owe a duty of care to both themselves and to their victims in order to prevent harm or damage from happening. For example, tire manufacturers are obliged to produce safe tires which comply with industry standards and regulations.
Breach
When an action or inaction violates their duty of care owed, such as selling old or damaged tires which were unfit for use, there has been a breach. For instance, tire retailers breach their obligation by selling used and damaged tires which violate this provision.
Damages
Plaintiff has suffered actual harm or damage as a result of the defendant’s breach. For example, due to tire blowout accidents passengers experienced severe injuries and medical expenses.
Causation
The defendant’s breach caused or contributed to the plaintiff’s harm or loss, such as when their negligence caused their tire to burst and collide into another vehicle.
Different parties can be held responsible for tire blowout accidents depending on the circumstances. Possible examples may include:
The tire manufacturer
If their defective tire caused a blowout due to design flaws, manufacturing errors, quality control issues or failing to warn consumers about risks or defects.
The tire retailer
may be held liable for blowouts caused by improperly installed or sold tires. There may also have been a breach of warranty.
The vehicle owner
If the blowout was caused by a failure to inspect or maintain tires properly and regularly, then the vehicle owner could be held responsible.
The driver
It could be caused by speeding, overloading the vehicle, hitting an obstacle, or ignoring warnings.
Other drivers or pedestrians
contributed to the blowout or accident through their actions or inactions, they may be held liable. It could be caused by distraction, impairment or aggression.
Liability for a blowout tire accident can be difficult to determine, especially if more than one person is at fault. Different states also have different standards and rules for determining fault and determining liability. Some states use the comparative negligence principle, whereby each party is held responsible for their proportion of fault. If you are 20% responsible for a tire-blowout accident, then you can recover only 80% of the damages. Some states adhere to the principle of contributing negligence. This means that even if you’re 1% responsible for a tire-blowout accident, the other party cannot be held liable.
How to Calculate Damages for a Tire Blowout: Compensation and Costs
Damages resulting from tire blowout accidents are losses or injuries you have incurred as a result. Damages can be divided into two categories, economic and noneconomic damages.
Economic damages
refer to tangible and quantifiable losses experienced as a result of your tire blowout accident, such as:
- Medical expenses – include all the costs related to treatments, medications, surgeries, hospitalization, rehabilitation services or any other health services received as a result of your injuries.
- Property damage – reparations or replacement costs associated with an accidental tire blowout will include costs related to repairing or replacing vehicles and property damaged during an incident.
- Lost income – refers to any wages, salaries, tips, commissions, bonuses, benefits or any other sources of income that have been or will be lost as a result of injury or incapacity to work.
- Out-of-pocket expenses – refers to any costs you incurred or will owe due to the tire blowout accident, such as towing fees, rental car charges, travel expenses or childcare costs.
Non-economic damages
refer to any intangible and subjective losses you’ve incurred due to a tire blowout accident. They include:
- Pain and suffering – any physical pain and emotional distress you have endured due to injuries as a result of this event or will experience due to it in the future.
- Mental anguish – the psychological trauma and anxiety you have been through since experiencing the tire blowout accident.
- Loss of enjoyment – your inability or opportunity to enjoy life’s pleasures or activities that you used to before experiencing a tire blowout accident.
- Loss of consortium – refers to any loss in companionship, affection, support, intimacy or sexual relations due to injuries sustained from another or by the death of your partner or spouse.
It is important to gather and review evidence and records which demonstrate and quantify your losses.
1
Medical records
that include your diagnosis, prognosis and treatment plan.
2
Repair records
showing the damage to your vehicle and the repair costs.
3
Income records
will show you your earning history and earnings potential.
4
Expense records
all expenses incurred, including receipts or invoices.
5
Expert testimony
from any professional who can give an opinion on your injury, impairment, future needs and losses. This could be a doctor, economist, vocational expert, life care planner, or other professional.
Calculating the damages in a tire blowout claim can be difficult and complex since there are many factors that may affect your claim. Different states have laws that limit the amount of compensation you are entitled to for damages. Some states have caps or ceilings for punitive or non-economic damages.
How to Negotiate a Settlement for a Tire Blowout: Strategies and Tactics
Tire blowout accidents can result in extensive vehicle damage and personal injuries for everyone involved. Seeking compensation from those responsible may be possible, but finding a fair settlement in this type of claim or lawsuit can sometimes be tricky; to maximize its worth you need to know how to effectively negotiate with insurance companies or defendants while avoiding some common mistakes that could reduce settlement values.
The Process and Stages of Negotiating a Settlement for a Tire Blowout Claim or Lawsuit
Step one in negotiating a tire blowout settlement should be to identify who is at fault for the incident, depending on its specifics. Liability could fall on anyone from the manufacturer to seller to vehicle owner to driver or even all of these at once. You will then need to collect evidence demonstrating that defective or improperly maintained tires contributed directly or indirectly to causing or contributing to an accident.
Next step in the litigation process should be calculating your damages, both economic and non-economic. Economic damages include medical bills, property damage, lost wages and future expenses that can be quantified. On the other hand, non-economic damages include subjective pain and suffering damages such as emotional distress, loss of enjoyment of life and consortium issues that cannot be quantified easily. You will need to document these damages with receipts, invoices, medical records, pay stubs or any other relevant documentation to provide evidence of them.
The third step should involve sending an official demand letter to either an insurance company or defendant outlining your claim and asking them for specific compensation amounts. Your demand letter should contain details regarding your accident, evidence of liability, damages sustained as a result, legal grounds of your claim as well as copies of supporting documents attached as attachments.
The fourth step of settlement negotiations involves waiting for a response from either an insurance company or defendant. They could accept your demand, reject it outright, or make a counteroffer of their own. If they accept your demand, you must sign a release form waiving your right to sue them in exchange for receiving settlement funds; otherwise you will need to decide whether to accept their offer, reject it outright, or submit your own counteroffer.
The fifth step in tire blowout cases is continuing negotiations until an agreement or deadlock is reached. Negotiation is typically an iterative process with multiple rounds of offers and counteroffers; phone calls, emails, letters and face-to-face meetings all being potentially involved. While you should remain professional during negotiations, always assertively state your position while remaining polite to all involved. Do not settle for offers that do not match up with reality as that may make negotiations even longer than anticipated – don’t settle! You should always remain polite but assertive while being firm about standing firm against lowball offers or unreasonable demands.
Effective Strategies and Tactics to Maximize Your Settlement Value for a Tire Blowout Case
Here are some tips on how to negotiate a higher settlement for your tire blowout case:
Do your homework
Before you make a demand or respond to an offer, research the value of similar cases in your area and state. You can use online databases, such as VerdictSearch or Jury Verdict Research, to find out how much juries have awarded in tire blowout cases. You can also consult with an experienced attorney who can give you an estimate of what your case is worth.
Be realistic
While you should aim high in your initial demand, you should also be realistic about what you can expect to receive. Don’t ask for an unrealistic amount that will make you look greedy or unreasonable. Likewise, don’t accept an offer that is too low or unfair. You should have a range of acceptable settlement amounts in mind, based on your damages and liability.
Be patient
Negotiating a settlement for a tire blowout case can take time and patience. Don’t rush into accepting an offer that is not satisfactory or favorable to you. Don’t let the insurance company or the defendant pressure you into settling quickly or before you have all the information you need. Take your time to review every offer and counteroffer carefully and consult with your attorney if you have one.
Be flexible
To negotiate a settlement in a tire blowout claim, you must be flexible and willing to compromise. Be willing to change your offer or demand based on any new arguments or information from the other party. You should carefully evaluate other considerations such as confidentiality agreements, payment conditions and liability waivers.
Be prepared
For any tire blowout claim to succeed, evidence and preparation are both key elements in successful negotiations. Make sure all relevant documents and witnesses are available to testify on your behalf and ensure you can support and defend any offers or demands with logic and facts.
Potential Pitfalls and Challenges of Negotiating a Settlement for a Tire Blowout Case
Here are some of the hurdles and difficulties associated with negotiating a tire blowout settlement:
Disputes over damages
Your insurance provider or defendant may also attempt to challenge or reduce your damages, by suggesting they don’t compare to what was claimed, medical bills are excessive or unnecessary, or by questioning your credibility, character and lifestyle – making your non-economic damages appear lower than anticipated. In such an instance, having solid documentation and expert opinions supporting your damages against their arguments will be invaluable in your favor.
Disputes over liability
Insurance companies or defendants may attempt to deny or dispute their liability in an accident, such as by alleging the tire wasn’t defective or that you caused it yourself; or by trying to shift blame onto another party such as the manufacturer or seller of the tire. You will need strong evidence to prove their responsibility and overcome their defenses.
Delays and stalling tactics
Both parties in your negotiation may attempt to put off responding to your offer quickly or might ask for more documents from you before the statute of limitation is up. As a result, it’s essential that you remain persistent when tracking deadlines with them and remain proactive with follow up actions and timely follow up responses.
Bad faith practices
Insurance companies or defendants may engage in bad faith practices such as making false or misleading statements, withholding or destroying evidence, refusing to negotiate in good faith, making unreasonable demands or demanding excessive payments from you. Such acts are illegal and unethical and you should report them immediately either directly to the state insurance commissioner or file a claim against them for bad faith practices.
protect your rights
How to Litigate a Lawsuit for a Tire Blowout: Procedures and Outcomes
If your tire blowout case can’t be settled properly, filing a lawsuit may be your only recourse. Although this will likely be more complex and expensive than negotiating an acceptable settlement offer, filing a suit could result in increased compensation for your damages; however it also brings with it greater risks as it requires you to prove your case before a judge or jury accept their ruling.
The Steps and Requirements of Filing a Lawsuit for a Tire Blowout Accident
To initiate the lawsuit process after experiencing a tire blowout accident, the first step should be consulting with an attorney who specializes in personal injury law and tire defect cases. Such an attorney will advise on whether you have a valid and strong case, how much compensation you may expect to receive and your legal options available to you as well as assist with further steps such as:
•
Preparing and filing the complaint
Your complaint is the legal document that initiates a lawsuit. It should detail your allegations against the defendant, legal claims made against them and any requests for relief that are being made against them. Once prepared and filed with an appropriate court (depending on where an accident took place, where parties reside, where tires were made/sold/manufactured etc), filing fees will need to be paid along with serving a copy to all defendants named in it.
•
Conducting discovery
Discovery refers to the exchange of information and evidence between parties involved. It typically entails interrogatories (written questions), requests for production (documents), admission requests (facts), depositions, subpoenas (third party records) and physical examinations (medical tests). Discovery may take several months or even years depending on its complexity and cooperation among all involved.
•
Filing motions
Motions are requests made to the court for various purposes, such as dismissing evidence from consideration, compelling discovery or seeking summary judgment (ruling without trial). They can be filed by either side at any stage in litigation proceedings and can significantly change its outcome; once both arguments have been presented by both sides, the judge will make their ruling about which ones they grant and deny.
•
Going to trial
Trial is the final stage of litigation and occurs before either a judge or jury. Trial can last anywhere from several days to several weeks depending on how complex and multifaceted your case is. During trial both sides present opening statements, question witnesses under cross examination, introduce evidence, make objections and present closing arguments – followed by deliberation by either a judge or jury and their verdict being rendered which marks an endpoint to litigation proceedings.
•
Appealing the verdict
If either party is dissatisfied with their verdict, they can request an appeal before an appellate court. An appeal does not constitute a new trial but simply provides another forum to review any legal errors or issues which may have affected it; such review can take anywhere between months to years depending on its scope and complexity; once completed, this court could affirm (uphold), reverse (overturn), or remand (send back) their verdict decision.
The Advantages of Getting Legal Support After a Tire Blowout Accident
You can see that filing a suit for a tire blowout is not an easy or simple process. It requires a lot of time, money, and expertise. That’s why you need legal support from an experienced and reputable attorney who can handle your case from start to finish.
Here are the advantages of hiring an attorney for your tire blowout case:
It allows an expert to review and advise on the best approach – such as settlement negotiations or legal action if necessary.
Attorneys protect your interests and rights while helping you avoid costly mistakes that could hurt your case. For example, signing away your rights or accepting lowball offers, or missing deadlines.
A lawyer can help you collect evidence that will support your case. This includes photos, videos and police reports.
The lawyer can then negotiate with the insurance company or defendants on your behalf to get you maximum compensation.
When filing lawsuits or representing clients in court, attorneys provide invaluable assistance.
They also have to handle communication between the two sides, and deal with any issues that might arise during litigation.
A lawyer may appeal a verdict or take further legal action if necessary.
Examples and Statistics of Verdicts and Outcomes for Tire Blowout Lawsuits
You can find out how much compensation you could receive in a tire blowout lawsuit by looking at some examples and statistics of verdicts and outcomes.
Here are a few verdicts and outcomes related to tire blowout lawsuits:
1
A jury in Texas awarded $37,6 million to a woman paralyzed below the waist after her Honda Civic was rolled due to a valve stem defect that caused a tire to blow out. The jury determined that Discount Tire Co. which installed and sold the tire was 90% responsible for the accident.
2
A Florida jury awarded $10 million in 2018 to a man with severe brain injuries after his Ford Explorer was rolled due to a blowout tire caused by tread separation. The jury determined that Bridgestone Americas Tire Operations LLC (which manufactured the tire) was 100% responsible for the accident.
3
In 2017, a California jury awarded $36.4 Million to a four-person family who suffered injuries after their Toyota 4Runner was rolled due to a blowout tire caused by tread separation. The jury determined that Michelin North America Inc. was 100% responsible for the accident.
4
In 2016, in Missouri, a jury awarded $3 million to an injured woman after her Ford Explorer had rolled due to a blowout tire caused by tread separation. The jury determined that Goodyear Tire & Rubber Co. was 100% responsible for the accident.
5
A jury in Texas awarded $1.2 Million to a man with a spinal injury and other injuries who was injured after his Ford F-150 overturned due to a blowout tire caused by tread separation. The jury determined that Cooper Tire & Rubber Co. was 100% responsible for the accident.
According to statistics provided by the National Highway Traffic Safety Administration, there were 738 deaths and 19000 injuries reported in motor vehicle accidents involving tire-related factors. In 2017, 417 deaths and 10,275 injuries in motor vehicle crashes were related to tire blowouts.
NHTSA reports that from 2009 to 2019, there were 3200 tire recalls, affecting over 55.7 million tires. These recalls are most often caused by tread separation, sidewall fractures, bead failures and valve stem defects.
Tire blowout accidents can result in serious injuries for both you and your vehicle, necessitating medical treatment for both parties involved – potentially costing thousands in repair expenses. If involved in such an incident, compensation from those responsible could be available from defective tires or negligent maintenance practices; however, getting it may not be easy.Dealing with insurance companies or defendants who try to deny or reduce claims; gathering evidence and legal arguments supporting your case and possibly going to trial are just some of the obstacles you’ll need to overcome in order to gain it.
Legal Yogi can connect you with the best lawyer available to assist in a tire blowout accident case in your area. A lawyer will evaluate and protect your rights, gather evidence, negotiate with the other side, file a lawsuit on your behalf, represent you in court proceedings and appeal any verdict that might go against you – all to maximize compensation possible for damages sustained during an incident.
If you or a loved one has been injured in a tire blowout accident, contact us immediately for a free consultation. Our attorneys possess the experience and skill required to manage your case effectively and help secure you justice and the appropriate compensation.
