Tire Blowout Accident Settlement – What You Need To Know
Tire blowouts frightening when they happen, but they are a fairly common occurrence. Sometimes a when your tire blows, it leads to a car accident. These types of accidents happen frequently enough to injure or kill thousands of people each year. A tire can blowout for a variety of reasons, and finding fault in the proceeding accidents can be difficult. So what do you need to know about this type of collision and getting a tire blowout accident settlement?
This page explains tire blowout accidents, liability, tire blowout auto accident settlements, truck tire blowouts, product liability settlements, and more.
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What Causes a Tire Blow Out?
A tired can blow for many different reasons. Most of the time, blowouts are caused due to the tire being under inflated. It is normal for tire pressure to fluctuate, especially when temperatures drastically change. In colder weather, tires typically lose one or two pounds per square inch. It is important to pay attention to your vehicle’s tire pressure monitoring system. Tires can also blowout due to wear, so you should be aware of how many miles you have put on your tires and if the tread is thin. Getting an alignment done regularly also helps to avoid excess wear on tires.
Your tires have weight limits and an overloaded vehicle, whether it is a car or a commercial vehicle, can have negative effects on your tires. Tires can also be defective. Sometimes manufacturers can be blamed if a faulty tire is installed on a car. At times, a tire may not be put on the vehicle properly, causing problems after you leave the shop.
Road conditions can also have negative impacts on your tires. Nobody likes a pothole, but the truth is, these nuisances can cause damage to your car. It is also risky to drive over debris or objects that may be in the road. It’s not uncommon for a nail, screw, or other sharp object to become wedged in the tread of your tire. Holes can cause slow air leaks, so it may not be immediately obvious that you drove over something hazardous.
Have your tires checked regularly. Normal wear and tear, damage, and imbedded debris can be identified by a mechanic or technician. If you can prevent a tire blowout, you may be preventing a serious accident.
Are Tire Blowouts Dangerous?
Tire blowouts can be dangerous. Often time, a low or flat tire can be identified before you’re dealing with a burst tire. But sometimes, a tire blows while you are driving. If you do not maintain control of your vehicle when the tire blows, you may swerve or lose total control. It is easy to understand how a blown tire can lead to a more serious accident.
National Highway Traffic Safety Administration reported that there were 738 fatalities due to tire blowouts in 2017. Around 2,000 accidents each year are because of a blown tire.
These numbers may not seem high when you consider that we are talking about the entire United States, but it is a still a statistic that no one wants to be included in.
What To Do If I Have a Tire Blowout on the Road?
- The most important thing to do when a tire blows to avoid panicking.
- Remain calm and do not yank your steering wheel in an attempt to overcorrect. This sudden jerking of your car will only cause more unpredictable motion, making it even harder to control your vehicle.
- Do not slam on the brakes. Again, this sudden change in movement only makes it harder to guide your car to safety.
- Hold the steering wheel steady, with two hands holding firm. You do not want to veer off the road or into traffic. The goal to is safely get to the shoulder or off the road.
- Slowly lift your foot off of the accelerator. This will cause your car to slow down without braking.
- Once your speed is under 30 MPH, you can very lightly apply the brakes.
- Turn on your hazard lights when it is safe to do so.
- Once you are safely off the road, you can change the tire or call for roadside assistance.
You may be wondering, “What happens if a tire blows out on the highway?” The advice is the same, though it is more stressful while traveling at higher speeds. Remember, stay calm. Slow and steady forward motion will help you get to a safe place, away from the other drivers.
Product Liability Lawsuits in Tire Blowouts
A tire retailer or manufacturer may be liable under product liability laws if a tire blowout happens because of manufacturing, design, or installation problems. An injured party may sue the retailer if they sell a damaged tire. The installer can also be liable if they install a tire incorrectly. These are considered product liability cases.
Suppose the driver can prove the tire or installation was defective. In that case, they might recover damages for injuries and loss of value to personal property (such as their vehicle).
Tire defects that may be due to manufacturer negligence include:
- A damaged connection from tread to belt ply. The break makes a bulge on the tread. It can rip open during driving and cause a blowout.
- Overheating. Blisters may form between plies. Rubber can separate from the tread.
- Compound impurities and imbalance. Dirt or moisture from an employee’s hands during the manufacturing process can damage the tire rubber and lead to a radial tear.
- Low-quality solvents or skim stock. Skim stock is the layer between the rubber plies. It must be manufactured in a precise way to avoid separation during operation.
To prove this case, the plaintiff’s attorney must hire an expert to investigate how the blowout happened.
Tire Blowouts and Driver Negligence
Sometimes, a vehicle experiencing a tire blowout hits another vehicle. The vehicle that was struck becomes the third party and they may file a claim against the driver. They may argue that the driver was negligent and failed to control their car when the tire blew. If product liability can be proven, then the third party may have a claim against the tire manufacturer or installer.
In most cases, the third party only files a claim or lawsuit against the driver. Defective tires are not very common in tire blowout accidents. Proving that the driver was liable for the crash is typically straightforward. If you are involved in a tire blowout accident, it is a good idea to speak with a lawyer. They may want to look into the tire and conditions you were driving in. A tire blowout accident settlement can, on occasion, be complex.
Can I Sue For a Truck Tire Blowout?
Truck tire blowouts and tire tread separations cause many severe accidents every year. When a truck tire blows, the driver may lose control of the big rig and crash into you. Or flying truck tire debris can slam into your car and lead to an accident.
Causes of truck tire blowouts include:
- Overweight or unsecured truck cargo load
- Slow tire leak
- Poor maintenance
- Running over an object on the highway
- Defective tires
- Bad road conditions
If a truck tire blows out and causes and accident with injuries, you can file a lawsuit against the trucker and/or the company the trucker drives for. There is often grounds for a lawsuit due to failure to inspect and maintain the tires on the commercial vehicle. Or you may file a suit against the tire manufacturer that may have produced defective tires, if that turns out to be the reason for the blowout.
Truck drivers can be liable in these cases:
- They fail to inspect the vehicle: Drivers must check their rig for problems each day. Tires that show signs of wear can tell drivers it is time to change them.
- They fail to stop driving with defective tires: Drivers should not drive if their tires are in poor condition. Also, recalls from a tire manufacturer should not be ignored. Those tires should be replaced or repaired.
Sometimes, a manufacturer sells a defective tire that blows out. They may fail to warn the company or driver of the danger. Sometimes an installer repairs a tire incorrectly, leading to an accident. In these cases, the manufacturer or installer can be liable for a truck tire blowout that injures you.
Truck drivers must drive carefully and use caution on the road. If the trucker has a blowout from an object on the highway, they usually are not liable. However, if the driver has a blowout and acts in an unsafe way, they may be held liable for any accident. Unsafe behavior would include slamming on the brakes, swerving, and other sudden movements. These acts are unsafe in a car and in a semi truck, they could have devastating consequences. The driver must also do regular inspections, never operate unsafe equipment, and do regular maintenance on their truck.
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Do Retread Tires Cause Many Blowouts?
A retreaded tire is made when new tread is applied to the casing of a used tire. Retread tires are surrounded by a lot of controversy. They carry a stigma of being less safe than a new tire. However, studies have shown that retread tires are not any more likely to blowout than a new tire. One myth surrounding retread tires is that the fragments of tire rubber seen on roads and highways are due to failing retreads. There is no evidence to prove that this is the case.
Retreaded tires are more economical and environmentally friendly. Advances in technology and a strong focus on safety has lead the manufacturers of retread tires to create a product suitable for use on our roads. Most of the retread tires used today are truck tires. This is because trucking companies opt to save hundreds of dollars by buying retread rather than used.
In short, retread tires are not proven to blowout any more than a brand new tire. Most tire blowouts, regardless if they were bought new or not, are the result of underinflation, overloading, or improper use.
Tire Blowout Accident Settlements
It is important to remember that no two accidents, claims, or cases are exactly alike. Because of this, it can be hard to establish just how much money you could get from a tire blowout accident settlement. Just to be used as a reference, below are some example tire blowout accident settlements.
$50,000 Rear End Settlement
Our driver was traveling down a city road during rush hour traffic when one of her tires blew. She maintained control of her vehicle, but the driver behind her was not expecting her to slow down and rear ended her. She sustained injuries to her face when the airbag deployed, as well as a broken finger. A police officer was on the same road and witnessed the accident. His account showed that our driver followed all traffic laws and the other driver was completely at fault.
After filing an insurance claim with the other driver, a fair settlement was offered to cover all damages.
$14 Million Wrongful Death Verdict
A man was driving a pickup truck on a busy four lane highway. A tire blew, causing the truck to slam into the guardrail and flip over onto the other side of the highway. A car collided with the truck when it landed. The driver of the truck sustained non life-threatening injuries, but the driver of the car died at the scene of the accident. The family of the deceased sued the driver of the truck. During investigations, it was determined that there was a defect in the tire that blew and caused the accident. A new lawsuit was filed against the tire manufacturer.
In court, it was determined that the tire company bore 80% responsibility and the driver of the pickup truck held 20% responsibility for the fatal accident. The deceased’s widow received $5 million in wrongful death funds. The jury also ordered the tire manufacturer to pay $9 million in punitive damages.
Tire Blowout Accident Settlement Calculator:
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Get Legal Help For Your Tire Blowout Accident Settlement
Did you suffer an injury from a tire blowout? You could receive compensation for medical bills, pain and suffering, lost wages, rehabilitation, and more. Find an experienced personal injury attorney at Lawsuit Info Center with our search tool and receive a complimentary consultation.
Some experts say having a blowout on a front tire is less dangerous. But any blown tire is hazardous, and it is vital to slow down gradually, steer towards the side with the damaged tire, and never slam on the brakes. Do not slam on the brakes. Instead, keep both hands on the steering wheel and gently steer to the side with a flat tire. Take your foot off the gas and downshift the transmission, so you slow down gradually. When the car is nearly stopped, gently press the brake pedal. Turn on your blinkers and change the tire, or call for help. A tire can fail because of wear, manufacturer defect, installer error, under inflation, and other causes. Some tires blow out because of another party’s negligence, while others are owner error. A tire blowout can cause a minor accident, such as a car behind you hitting your bumper when you suddenly slow down. However, blowouts also can cause the driver to lose control and suffer a severe accident. A truck tire blowout can send rubber smashing into your car and lead to a deadly accident.
Some experts say having a blowout on a front tire is less dangerous. But any blown tire is hazardous, and it is vital to slow down gradually, steer towards the side with the damaged tire, and never slam on the brakes.
Do not slam on the brakes. Instead, keep both hands on the steering wheel and gently steer to the side with a flat tire. Take your foot off the gas and downshift the transmission, so you slow down gradually. When the car is nearly stopped, gently press the brake pedal. Turn on your blinkers and change the tire, or call for help.
A tire can fail because of wear, manufacturer defect, installer error, under inflation, and other causes. Some tires blow out because of another party’s negligence, while others are owner error.
A tire blowout can cause a minor accident, such as a car behind you hitting your bumper when you suddenly slow down. However, blowouts also can cause the driver to lose control and suffer a severe accident. A truck tire blowout can send rubber smashing into your car and lead to a deadly accident.
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