Establishing Liability for Truck Tire Blowout Injuries

Devastating injuries are common when a truck blowout leads to a crash with other cars on the road, from bone fractures to spinal cord trauma and traumatic brain injuries. Recovery periods can be lengthy, and victims may end up dealing with chronic pain or mobility issues. Those injuries, and in some cases even wrongful deaths, could have been avoided if the driver or trucking company had upheld their legally required duty of care. 

With the help of an experienced personal injury attorney, you can protect your legal rights and secure your financial future by holding the liable party responsible for your damages. A skilled attorney can fully investigate the crash to find out exactly what caused the tire blowout, as well as locate the best potential source of compensation to cover your costs. 

While there are cases where the root issue is clearly negligence on the part of the person behind the wheel, in other circumstances, there could be an entirely different liable party. The specific person responsible for your pain and suffering could be the:

  • Driver of the truck involved in the collision
  • Negligent mechanic or service shop who improperly installed the tires
  • Manufacturer of a defective tire or brakes
  • Trucking company for failing to keep vehicles in road-worthy shape
  • Third-party crew who improperly loaded the truck’s cargo

To receive a settlement or secure a judgment from a jury, you need to prove the accident was caused by negligence. That’s why your attorney may gather and present sources of evidence such as:

  • Accident reconstruction experts
  • Driver logbook
  • Employment records like training and disciplinary documentation
  • Eyewitness testimony from other motorists or pedestrians who witnessed the tire blowout
  • Maintenance and repair documents
  • Photos or video from the scene of the crash
  • Truck “black box” data 

While a truck accident attorney handles the heavy lifting by thoroughly investigating the crash, negotiating with insurance, and potentially presenting evidence to the jury, there are also actions you can take after the crash to protect yourself. After contacting law enforcement, be sure to take photos of the blown tire and your vehicle, as well as gather contact info for anyone who saw the collision.

From there, your next steps are to see a doctor to begin a paper trail covering your injuries and then call an attorney. With the right legal counsel at your side, you can seek damages covering your:

  • Medical bills, which are likely to be extensive and financially devastating after a large tractor-trailer accident. Compensation can also cover estimated future medical needs if the injury is likely to lead to extra surgeries in the future or require long-term rehabilitation and therapy.
  • Wages. Lack of income is a bigger problem than many accident victims expect as they come to terms with the recovery period and physical and emotional toll of the injury. You may be unable to return to your previous position, or need to find a different kind of job after the accident.
  • Pain and suffering. Non-economic damages can include issues like anxiety, depression, and reduced quality of life from the impact of the injury.
  • Wrongful death and funeral costs.
Kevin W. Mottley
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Richmond, VA trial lawyer dedicated to handling brain injuries, car accidents and other serious injury claims