One Left Dead in Tire Blowout Accident
A tire blowout accident has left one man dead. The vehicles involved were one sedan and a pickup truck. The pickup truck merged into the left-hand lane when the sedan suffered a tire blowout. The sedan, which was positioned in the right-hand lane, hit the pickup truck causing the vehicle to roll over. The driver of the pickup truck was killed in the accident. In this article, we’ll attempt to explore the legal possibilities for the family of the truck driver who lost his life.
Who is At-Fault for This Accident?
Without being able to investigate the tire or the accident, we’re just guessing. But chances are, it’s still the driver of the car’s fault that the tire blowout occurred. Every driver is expected to keep their vehicle in roadworthy condition and this includes ensuring that the tires are properly inflated and still under warranty. This requires conducting periodic inspections on the quality of the treads. All drivers are expected to do this and when they don’t, they can be held liable for any injuries that occur.
Of course, there may have been some other reason why the tire blew out. As an example, let’s say a piece of road debris pierced the rubber of the tire and caused the blowout. The driver lost control of his vehicle, struck another vehicle, and the passenger was killed. In this case, it would be very difficult to find anyone responsible for the accident. Unless the person who left the road debris on the road could be found, the plaintiff would likely have no one to sue.
If some road condition that could have been fixed, but was left unfixed, contributed to the accident, then it may be possible to sue the local municipality that allowed the road condition to remain a threat to drivers on the road. The plaintiff would need to prove that the municipality knew about the dangerous condition (or should have known about the dangerous condition) before the accident occurred.
Lastly, it’s distinctly possible that this tire failed by no negligence of the driver. In that case, we have to look at the actual tire to make a determination on how it failed. For this process, we use expert witnesses and our own experience litigation tire failure lawsuits. If it can be proven that the treads and tire were still under warranty, then we have the first part of the puzzle.
In a tire liability lawsuit, the plaintiffs are required to prove how tire failure occurred and why it’s the responsibility of the tire manufacturer to compensate any victims. This means proving some form of negligence. For example, if the tire isn’t manufactured correctly at the plant, it may make it more prone to blowing out while it’s still under warranty.
Talk to a Florida Defective Tire Attorney Today
If you’ve suffered a tire blowout accident that led to injury, call the Coral Gables tire defect attorneys at Halpern, Santos & Pinkert today. We will investigate the cause of the tire blowout and determine the prospects of a lawsuit moving forward. If we take your case, we will litigate it to the fullest extent of our ability and recover damages for your injuries.