Who's Liable for a Tire Blowout Injury?

Determining who is responsible for a tire blowout accident can be quite complicated, depending on the accident's nature and the affected victims. In some cases, the tire blowout accident may cause ripple effects and injure third-party drivers who were in front or behind your vehicle. Consequently, there may be more than one injured party in the tire blowout accident and multiple claims to file against different motorists present on the accident scene. It is necessary to establish the primary cause of the blowout, followed by the immediate effect of the tire deflation that caused a severe collision.

Some cases may be easy to deal with, mainly because the causative factors for the tire blowout are visible, especially if debris is on the road. However, in other cases, you will need the help of a knowledgeable personal injury attorney to assist with making investigations and compiling evidential reports to prove that the liable party should compensate for injuries sustained. Partnering with the Jacksonville Personal Injury Attorney provides the best litigation experience for any affected accident victim in Jacksonville, Florida. With our years of expertise in personal injury compensation litigation, we work hard to get you the best award of damages for a tire blowout accident.

The Causes of Tire Blowout Accidents

Understanding the causes of tire blowout collisions plays a significant role in determining who is the leading party liable for your injuries. You will appreciate the negligent actions or omissions committed that led to the incident. Some of the causes may not be the driver's direct fault handling the vehicle, as the tire may blow out without his/her knowledge or foresight. On the other hand, a driver's negligent actions could cause direct consequences that lead to a blowout, affecting you and other road users when the accident hits. Some of the various causes of tire blowout accidents include:

1. Debris on the Road

If a highway has numerous debris pieces from previous accidents or adverse weather conditions, the car tires may suffer blowouts and cause severe accidents. Common debris on the road includes shattered pieces of glass, broken tree branches, or even small sharp nails scattered on the road. Consequently, if you or another driver fails to identify such debris, your tires will likely blow out, leading to a loss of control and balance as you drive. The sharp debris may also lead to a different cause of tire blowouts that arises from slow tire deflation from the punctures created.

2. Slow Deflation

Sometimes, you may purchase poor quality tires prone to deflation from small perforations made by different objects on the road. For example, a little sharp piece of rock may penetrate the rubber tire and lead to an eventual blowout tire from the gradual release of air. Typically, you may detect such a situation early enough from a change in the vehicle movement. However, if you happen to take a long road trip whereby you barely get out of the car, the slow deflation will ultimately lead to a tire blowout. Subsequently, you may end up in a severe accident that injures you and your loved ones and other road users who happen to drive close to you.

3. Insufficient Inflation

At most self-service gas stations, the driver will fill the tire with sufficient air pressure to last a reasonable period, especially if he/she is set to embark on a long drive. Thus, such a driver should ensure that the tire fills up with the air pressure required for the type of tire in use to prevent posing a safety hazard to himself/herself and other drivers on the road. Failing to confirm that the air pressure in each tire is enough leads to under-inflation that causes the imbalance of a vehicle. Numerous tire blowout accidents occur due to such oversights.

4. Potholes

Some roads and highways may lack constant maintenance works that subsequently pave the way for the development of severe potholes and cracks that could cause a tire blowout accident. It calls for a motorist to drive with utmost care on such road sections, to ensure that the car tires do not face extreme pressure from hitting the potholes. However, the responsibility falls on other road maintenance bodies that should ensure such holes and cracks are not present.

Possible Parties Liable for Tire Blowout Accident Injuries

Upon learning of the different causes of tire blowout accidents, it is easier to identify the liable party for your accident, depending on the circumstances leading to the incident. Your injury attorney will help you retrace the events that led up to the collision and point each possible defendant's expected role in preventing damages and injuries caused. Therefore, you will have to indulge in a retrospective analysis and discuss several elements of the blowout accident to help you bring a compensatory suit to the relevant party. The three possible liable persons are:

1. A Negligent Driver on the Road

Supposing you are a victim of subsequent events caused by a tire blowout accident, you may bring a compensatory suit against the driver whose vehicle caused the incident. Your main claim will revolve around the driver's negligence in ensuring that his/her tires were worthy of use on the road and that he/she took all necessary precautions to prevent a domino effect after the vehicle lost control from the tire blowout. 

As a victim who suffered injuries from the accident caused by a negligent driver, you will have to prove the actual actions that show the defendant's negligence. The four main elements of negligence must be evident in your submissions to the judge handling your compensatory suit for the negligent driver to pay damages for your injuries. The details of negligence are:

The Driver Had a Duty of Care to Fulfill

In a tire blowout accident, the negligent driver has a responsibility to ensure that he/she makes regular checks on the car tires to confirm that they are still fit for use, and have sufficient air pressure to support the car throughout extended use. In other cases, the driver also has a responsibility to ensure that he/she changes poor quality tires or worn out tire parts that support the entire system to prevent loose-fitting that could break off the vehicle's body. Overall, the negligent driver has to uphold the proper maintenance of a car to avoid such accidents.

The Driver Neglected Duties of Care

Upon establishing the responsibilities to take care of the vehicle tires, you will need to prove that the driver breached the duties. To do this, your lawyer may gather car service records, tire changes, and inspections that the defendant has undertaken so far. If no such records are traceable, it is often an indication of the driver's lack of applying proper care and maintenance for the car tires. Although it may be tricky to prove the driver's breach by omission, your lawyer will work on establishing that the defendant failed to meet the requirements of proper tire maintenance.

The Driver's Breach Caused the Accident

It is relatively easier to prove that the negligent driver's actions were the direct cause of the tire blowout accident. A good source of evidence to show this point would be to establish the purpose of the blowout and compare the duties that the defendant failed to fulfill. As a result, you will have confirmed that the breaches led to tire defects that eventually caused a blowout. Including a professional analysis of the tires and the accident's nature will also go a long way in showing a direct cause of the accident by the driver.

The Accident Caused Personal Injury

Finally, you must prove that you sustained significant injuries from the tire blowout accident, leading to several expenses and permanent disfigurement if the collision was gruesome. You will collect all your medical bill receipts, appointment forms, and relevant documentary evidence to prove the existence of damages.

If all four elements of negligence are met, the negligent driver will have to pay compensatory charges for your losses.

2. Tire Manufacturers or Dealers

Another possible liable party for your injuries is a tire manufacturer or a retail dealer who handed you defective goods. Usually, a tire manufacturer should ensure that all products released to the market are of standard quality that upholds a driver's safety. Additionally, each retail dealer should ensure that his/her stock satisfies the reasonable condition before making sales to purchasers. Consequently, if you are involved in a blowout tire that arises from poor quality tires, you may bring a compensatory claim forth against any of the two parties under product liability provisions.

Usually, a product liability claim revolves around three main factors that may affect a manufacturer or a dealer. They are:

Marketing Liability

If you purchased tires from a dealer who misrepresented the durability and quality of the product, your compensatory claim would be against such a seller. The central application would be that he/she failed to disclose certain information that was important for proper tire maintenance. For example, some tires may be prone to defects under high temperatures from hot weather, causing an unexpected blowout. Hence, if the dealer withholds such information, he/she is responsible for any subsequent injuries from a tire blowout accident.

Design Defects

In this case, the defendant in your lawsuit will be the tire manufacturer who compromised the designs. A good quality tire should have a sturdy design that does not leave large spaces for small rocks or other material to stick or penetrate the rubber structure. Moreover, the design should incorporate efficient patterns that can withstand the friction of applying sudden brakes, to prevent abrasions that make the tire susceptible to blowouts. Therefore, if the injuries you sustain arise from poor tire designs that cause an accident, your claim has a good chance of success. Your injury lawyer can work with a professional tire and accident analyst to testify and give a comprehensive report on how the defective design caused the accident.

Manufacturing Defects

Sometimes, the entire manufacturing process may be substandard, leading to the production of poor quality tires. For example, manufacturers may settle for low-quality rubber to develop tires, making them weaker and prone to punctures, even from small road debris. In such a case, your car tires may cause a slow-deflation blowout that ends in a car accident.

The poor quality may also be caused by an inadequate manufacturing quality assessment that leads to the release of defective tires with holes and other unnoticeable problems. A manufacturer must ensure that all products meet the set quality standards before releasing it to the market. An analyst working with your injury lawyer will reveal flaws in the manufacturing and link it to the accident that resulted in injuries.

3. Local Road Maintenance Authorities

Lastly, you may also bring a compensatory claim against the body responsible for road maintenance in your area if the tire blowout accident was caused by road debris or potholes. Such organizations need to perform their duties adequately to ensure that motorists face no impending danger. Therefore, your claims will also be based on their negligent actions that resulted in your tire blowout accident.

Firstly, you will establish the duty of care imposed on the maintenance authorities to ensure that all roads are well repaired and cleaned for proper maintenance. Your lawyer may refer to local statutes that create duties for such maintenance bodies.

Afterward, your injury lawyer will have to prove that there was a breach of duty that resulted in poor road conditions that exposed drivers to the danger of tire blowout accidents. In doing so, your lawyer will show all gathered evidence, including photographs, to show the road conditions. For example, if your blowout arose from hitting a large pothole, the pothole images presented in court will be an excellent proof of the negligence of maintenance duties.

You should also provide sufficient evidence to show that the tire burst did not arise from any other prior conditions, but solely from the debris, potholes, or any other harmful objects on the way. Your proof of injury will also be necessary to prove, based on the medical records you present during your compensatory suit.

Your injury attorney will help you make a proper case analysis, to help you determine who is the best party to claim injury compensation claims from.

Contact a Jacksonville Personal Injury Attorney Near Me

Finding the liable party for injuries caused by a tire blowout may not always be straightforward, mainly because of the accident's different possible causes. However, with a personal injury attorney to guide you through the compensation process, you will file a suit against the correct liable party. At the Jacksonville Personal Injury Attorney, we provide excellent legal services to clients in Jacksonville, Florida, by gathering all necessary information for each case. Our legal advice and support will go a long way in creating a smooth litigation process for you and your loved ones affected by a tire blowout accident. Call us today at 904-800-7557.