Sunny Florida roads are full of trucks delivering goods and services. But what happens when a truck tire blows out in Florida, causing an accident? Who’s responsible for the damages and injuries? What are your rights? How will you get the compensation you deserve?
At Dolan Dobrinsky Rosenblum Bluestein, LLP in Miami, our truck accident attorneys perfectly understand the practices and regulations of the trucking industry. Let’s discuss the complexities of truck tire blowout accidents.
Common Causes of Truck Tire Blowouts
Truck tire blowouts, often preventable, can have devastating consequences. Trucking companies and drivers have a legal responsibility to maintain their vehicles, including tires, in safe working order. While the cause may seem sudden and unpredictable, a closer look often reveals negligence at play. This includes:
- Neglect: Inadequate maintenance, like skipping inspections or ignoring worn treads.
- Overburden: Exceeding weight limits strains tires beyond their capacity, increasing blowout risk.
- Driver Error: Failing to spot warning signs or ignoring proper inflation procedures can lead to an accident.
- Manufacturing Defects: Faulty materials or construction can create hidden weaknesses, waiting for the right moment to unleash.
- Road Hazards: Potholes, debris, and uneven surfaces can inflict unseen damage, leading to eventual failure.
Immediate Consequences of a Tire Blowout
When a truck tire explodes, the consequences can be brutal and immediate. The truck loses control, veering sharply and potentially crashing into other vehicles or objects. This can cause serious injuries or even death. The shredded tire itself becomes a dangerous projectile, threatening nearby vehicles and pedestrians. The debris field left behind becomes an ongoing hazard, forcing drivers to swerve and potentially lose control themselves. This is why trucking companies have a crucial responsibility to promptly clean up after a blowout, as neglecting this duty can put others at further risk and potentially lead to liability.
Unlike smaller cars, trucks weigh tens of thousands of pounds, carrying immense kinetic energy in a collision. This means even minor impacts with a truck can inflict severe damage, crushing vehicles and leaving occupants with debilitating injuries. Additionally, the height of trucks creates blind spots for drivers, increasing the risk of unseen hazards and underride accidents, where a smaller car gets lodged under the truck’s frame.
A truck tire blowout can have devastating consequences. It can trigger rollovers or jackknife accidents, leaving victims with severe injuries or even taking their lives. These accidents can cause head, neck, and back injuries, potentially leading to lifelong pain and disability. Spinal cord injuries are also a risk, resulting in paralysis and other life-altering complications. Beyond the immediate physical harm, victims face financial burdens: medical bills, lost wages, and vehicle repairs, adding stress to their already difficult recovery.
Determining Liability in Truck Accidents
It is always difficult to determine which party is liable after an accident on the roads, but it becomes much more challenging when a truck tire blows and causes a crash. This is because the party liable for a truck accident may not even be at the scene. Florida follows a comparative negligence system, meaning each party’s contributing role in the accident determines their share of financial responsibility. Potentially liable parties can include:
- Truck Driver: They are primarily responsible for maintaining their vehicle, including regular tire inspections and replacements. Failing to do so, especially if the blowout involved worn-out or underinflated tires, might make them accountable.
- Trucking Company: If the company failed to provide proper maintenance, hired an unqualified driver, or overloaded the truck, they could share liability.
- Tire Manufacturer: If the blowout resulted from a defective tire design or manufacturing flaw, the company could be held accountable.
- Maintenance Provider: Mechanics who improperly installed or inspected the tires could be responsible for their negligence.
However, to prove the negligence, is recommended to work with an experienced truck accident lawyer and gather evidence:
- Accident reports: Police reports document the scene and initial findings.
- Medical records: Documenting your injuries strengthens your claim.
- Eyewitness testimonies: Corroborating your experience helps solidify your case.
- Expert witness testimony: Mechanics or accident reconstruction specialists can analyze the tire and truck, offering valuable insights.
Remember, this is just an overview and if you’ve been injured in a tire blowout accident, talk to a truck accident attorney to understand your legal options.
Legal Options After a Truck Tire Blowout
Your first step is identifying who is responsible for the accident. Was it the driver’s negligence in failing to maintain the tires? Did the trucking company disregard safety regulations by overloading the truck? Or was the blowout caused by a defective tire manufactured by another company? An experienced lawyer can help investigate the cause and determine who is liable.
Once liability is established, you can pursue compensation for your losses. This might involve filing a personal injury claim, a product liability claim, or even a lawsuit, depending on the specific circumstances. A truck accident attorney can ensure you file the appropriate claim. Building a strong case requires solid evidence. Your lawyer will gather essential documents like medical bills, police reports, and accident photos. Witness testimonies and expert opinions from mechanics or accident reconstruction specialists can also strengthen your claim.
With a clear understanding of the accident and its impact on your life, your truck accident lawyer can help you calculate the full extent of your damages. This includes medical expenses, lost wages, pain and suffering, and any long-term effects the accident may have caused.
Protect Your Rights After a Truck Accident in Miami: Call Dolan Dobrinsky Rosenblum Bluestein, LLP
Florida law imposes a four-year limit on filing personal injury and product liability claims. Don’t let this deadline pass you by. Contact our truck accident lawyers at Dolan Dobrinsky Rosenblum Bluestein, LLP in Miami as soon as possible to ensure you meet all legal requirements and maximize your chances of securing the compensation you deserve. We protect interests of our clients throughout South and Central Florida and create a great attorney-client relationship. We have obtained substantial verdicts and settlements for victims of truck accidents. Call 305-371-2692 to discuss your case with a lawyer at our firm.