Tire Blowout Accidents

A truck accident caused by a tire blowout may occur in just a few seconds, potentially causing catastrophic or even fatal injuries to other drivers, passengers, and pedestrians. The experienced Pembroke Pines truck accident attorneys at Cohn & Smith have handled many complex motor vehicle collision cases. We are ready to answer any questions that you may have about your legal rights if you have been injured or lost a loved one in a tire blowout accident.

In order to recover damages for injuries or a wrongful death resulting from a tire blowout accident involving a big rig, the plaintiff must be able to prove that there was negligence on the part of the truck driver, the trucking company that employed him, or the party that owned the trailer or truck. Proving negligence is a four-step process, which begins with an inquiry into whether a defendant owed a legal duty to the plaintiff. Generally, drivers owe one another and the general public a duty to obey the rules of the road, such as observing the speed limit and complying with traffic control devices like stop signs and traffic signals. Truckers and trucking companies also have a general duty to inspect equipment, including tires, at reasonable intervals to check for potential dangers.

If the defendant breached the duty of care, the next question is whether the breach caused the tire blowout accident and the resulting injuries. The chain of events must have been reasonably foreseeable and not too attenuated for liability to be established. There is a broad range of damages that may be available in these cases, including items like medical bills, loss of wages, property damage, and pain and suffering. After a fatal accident, lost net earnings to the estate and loss of services or support may be compensated, along with medical expenses and funeral or burial costs.

In a big rig tire blowout case, liability does not arise just because a tire explodes on a freeway. An investigation must be conducted into why the tire blew out, with a particular focus on issues such as the age and general condition of the tire prior to the accident, the last time that an inspection or maintenance was conducted, how the driver responded to the blowout in terms of the safety of the surrounding vehicles, and other related matters.

After any accident involving a semi-truck or 18-wheeler, a victim or a victim’s family needs an experienced motor vehicle collision attorney to vigorously advocate for their interests. A trucker, trucking outfit, and insurance company will be looking for ways to avoid liability if at all possible, so it is important that the victim be represented early in the process as well. The investigation phase is especially critical. To set up a consultation with a Pembroke Pines lawyer, call Cohn & Smith today at (954) 431-8100 or contact us online. We help injured people throughout South Florida, including in Fort Lauderdale, Pembroke Pines, Davie, Hollywood, Tamarac, Weston, Sunrise, Pompano Beach, Aventura, Coral Springs, and cities throughout North Dade County. There is no charge for the first appointment, and, in most cases, legal fees are not collected unless your case is successfully resolved with a settlement or judgment in your favor.