Tire Blowout Truck Accidents
Drivers in small vehicles are vulnerable to catastrophic injuries or death as a result of accidents. involving large, heavy commercial trucks. When a truck experiences a tire blowout, the driver may lose control of the truck and crash into or rollover other vehicles. Additionally, the tire debris may strike other cars or force other drivers to swerve and possibly spin out, causing further harm. Persons injured in tire blowout truck accidents should contact the seasoned Syracuse truck accident attorneys of DeFrancisco & Falgiatano for a consultation.Tire Blowout Truck Accidents
Tire blowouts occur whenever a tire is weakened and faces a forceful impact that causes the tire to quickly lose air pressure or burst. Factors that can contribute to a tire blowout include underinflation, potholes, heat, degradation of the tire over time, and overloading. Tires have a maximum load capacity and if truck drivers or trucking companies exceed that maximum, the chances of a blowout are increased. In some cases, multiple factors contribute to the deterioration of the tire.Liability for Tire Blowout Truck Accidents
If you were injured in a tire blowout truck accident, you may be able to recover damages by establishing the truck driver’s negligence. You will need to establish: (1) the truck driver was obliged to use reasonable care, (2) the truck driver departed from this standard, (3) the departure caused your injuries, and (4) damages.
A truck driver departs from the obligation to use reasonable care by failing to inspect tires before operating the truck or by overloading the truck. In some cases, a truck driver’s failure to react properly to a tire blowout leads to a roll-over because the blowout disrupts the truck’s balance. If the trailer is thrown to one side, the truck cab may be snapped, causing both parts to collide with others on the road.
Sometimes, a truck driver’s insurance may be insufficient to cover the significant losses in a multi-vehicle accident, particularly when several people have suffered catastrophic injuries or fatalities. It is important to investigate all contributing causes immediately after the accident so that you may hold all responsible parties accountable. For complex accidents, the plaintiff’s lawyer may need to retain an accident reconstruction expert to determine the cause of the accident. Often, a trucking company bears some responsibility for a tire blowout.
Trucking companies may be held accountable for the negligent hiring, supervision, or training of a truck driver if those activities contribute to a tire blowout. Trucking companies can also be held accountable if they negligently maintained their trucks such that the tires were degraded, leading to tire blowouts and injuries.
Other parties such as a third-party loading company, mechanic, or tire manufacturer may bear some responsibility for injuries caused by a tire blowout accident. If responsible, they should be brought into a suit. New York allows defendants to be held jointly and severally liable for economic damages. They are held only severally liable for noneconomic damages, unless they are more than 50% responsible for the accident.Damages
After a tire blowout accident, drivers and passengers in smaller cars may sustain spinal cord injuries, traumatic brain injuries, broken bones, lacerations, paralysis, disfigurement, burns, and amputations. Sometimes, these injuries are fatal. The amount of damages you may recover will depend on the nature and severity of your injuries.
You may be able to obtain economic and noneconomic damages. Economic losses cover past and future lost wages, medical expenses, medical equipment, replacement services, and out-of-pocket expenses. Noneconomic losses may vary dramatically. They can include pain and suffering, mental anguish, loss of consortium and loss of enjoyment.
If a tire blowout truck accident left you paralyzed, you may be able to recover damages that include the past and future costs of emergency care, medical treatment, medical equipment such as a wheelchair, medication, and lost wages. You may be able to obtain compensation for mental anguish and pain and suffering, along with any loss of enjoyment you have suffered because you are no longer able to engage in the same recreational activities you enjoyed prior to the accident. For example, if you are no longer able to play basketball and care for your small children after becoming paralyzed, you may experience a significant loss of enjoyment of your life. The jury will try to quantify this loss.Consult a Syracuse Attorney
If you were injured in a tire blowout truck accident, you may seek to sue for damages. At DeFrancisco & Falgiatano, our lawyers provide tenacious legal representation to truck accident victims in cities throughout Upstate New York, including in Rochester, Syracuse, Cooperstown, Oneida, Auburn, Lyons, Oswego, Canandaigua, Binghamton, Watertown, Wampsville, Ithaca, Elmira, Utica, Lowville and Herkimer. Contact DeFrancisco & Falgiatano at 315-479-9000 or via our online form.