A tire blowout may seem like an incredibly minor issue. However, this is not always the case. In the event where a large truck has a tire blowout, things may be much more dangerous. Tire blowouts like this may lead to a large car accident, which could result in serious injuries, lasting complications, or even loss of life.
If you have suffered a car accident due to a truck with defective tires in Fort Lauderdale, Fort Myers, or anywhere else in Florida, you may be entitled to compensation. Here at The Law Place, our law firm offers a free consultation for every case. Our phone lines are open 24 hours a day, seven days a week, to offer a free evaluation of your case at a time convenient for you. Don’t hesitate, call us on (941) 444-4444 today.
What Are the Most Common Causes of Tire Blowouts in Fort Myers?
Defective tires due to blowouts in Florida are very common. This is due to the effects of the heat in Florida, which increases the speed at which tires wear down. Many drivers are unaware of the scale of the adverse effects damaged tires can have on the overall safety of their vehicle. Defective tires can be a less obvious contributor to a car or truck accident.
The following is a list of things which can cause a defective tire:
- Low or high tire pressure.
- Overheated tires.
- Wear and tear on the tire treading.
- Frequent traversing of roads in bad condition or driving off-road often.
- You may have received a defective tire from a parts supplier.
This is a necessarily non-exhaustive list of things that can cause damage to your tires. There are many different situations that may cause damage to your tires. It is, therefore, important that you check your tires regularly before driving, as neglecting to do so could lead to an accident or be a contributing factor to your liability in a legal case.
Who Is to Blame in a Tire Blowout Accident?
The process of assigning liability following an accident due to a defective tire can be a complex process. Your personal injury lawyer must first assess why the tire burst. It is important to determine whether it was due to the negligence of the mechanic or driver who installed it. The three main parties usually determined to be liable in this case are either the owner of the car, the tire manufacturer, or the mechanic who installed the tires.
It is important that you get the most professional level of legal representation possible in the case of a tire-related accident, due to the difficulties in assigning liability. Here at The Law Place, one of our experienced personal injury lawyers has the experience and knowledge necessary to conduct a thorough investigation and ensure you have the most solid case possible.
How Is Liability Assigned in a Truck Accident in Fort Myers and Fort Lauderdale?
Determining who is liable in a truck accident is another complicated process. There are many different individuals and commercial/governmental entities who can assume blame for a truck accident in Florida. It is not always the case that the blame will rest with a single individual; blame may be split between multiple parties. These parties include:
- The driver of the truck.
- The government entity in charge of ensuring the road surface and signage/signals are safe.
- The manufacturer or maintenance person responsible for the truck.
- A third-party driver on the road at the same time.
An experienced lawyer from The Law Place can help you to navigate this complex maze of blame. We have experience conducting thorough investigations that can ensure that you get the justice you deserve following your car accident.
What Damages Can I Claim Following a Truck Blowout Accident in Fort Myers?
There are many different things that can be claimed as damages following a truck accident in Florida. The damages awarded for truck accidents are often larger than car accident settlements, as the additional dangers embodied in the size and bulk of the truck often lead to much more catastrophic levels of damage.
Examples of common damages claimed form truck accidents include:
- Medical expenses.
- Pain and suffering.
- Lost wages.
- Property damage.
- Loss of life, including wrongful death.
If you have been involved in a truck accident with any of these consequences, you may be entitled to compensation.
There may be a chance that you are also entitled to punitive damages. Punitive damages in Florida are hard to come by, as they are hard to prove and are not commonly awarded. This is because the lawyer of the claimant must prove that the third-party was willfully negligent or harbored malicious intent. Punitive damages are designed to further punish the defendant for their negligence if the settlement is not deemed to be large enough.
What Is Duty of Care?
Duty of care is not something that only applies to road users. It is something that applies to every person in every situation on a daily basis to ensure that they do not carry out actions that endanger others.
The duty of care is legally defined as: “The legal obligation to safeguard others from harm while they are in your care, using your services, or exposed to your activities.”
When considering car accidents specifically, the duty of care is used to determine the level of liability. If a lawyer can prove that someone has breached their duty of care, this means that they are at fault and therefore liable. An example of this would be a truck driver knowingly driving with defective tires.
What Can a Personal Injury Lawyer Do for Me?
Here at The Law Place, our lawyers have a wealth of experience in accident law to help you to achieve the maximum amount of compensation you deserve.
The first step is calling for your free consultation. Your case will be assessed to determine what level of compensation you are entitled to. Our evaluations are honest and unbiased, and we will tell you truthfully whether legal recourse is your next best step.
Once you have considered all of the free, no-obligation advice from your consultation, you will be offered a full case review. Here you will be interviewed with a series of questions to determine the finer points of your case. Our fee structure will also be explained to you.
We will then go about the process of fully investigating your claim in order to accumulate the full amount of evidence with the best chance of getting you the full level of compensation you deserve.
How Does an Investigation for Defective Tires Take Place?
Our team will conduct a full investigation at the site of the crash, which was caused by defective tires. They will search for evidence, including measuring tire skid marks and searching for items or terrain, which may have caused the tires in question to have become damaged. Your vehicle, as well as any other available vehicles involved in the crash, will also receive a thorough inspection. Each individual tire will be assessed to see how they may have contributed to the crash.
They will also seek out onlookers or other eye-witness accounts from the scene of the accident. These interviews will be used to corroborate your account.
How Should I Deal With an Insurance Company in the Event of an Accident Due to a Damaged Tire?
Following any car accident, you are required by law to inform your insurance company of the event. The amount of time you have to inform the company will usually depend on what is stipulated in your specific contract, although the typical time period for this is 24 hours.
We advise that you should always contact your lawyer before you speak to the insurance company. They will be accustomed to road traffic accidents and may intentionally trip you up with details in an attempt to lower the amount of compensation you can receive. They may also offer you a settlement which seems generous, but could actually still be well below what you deserve.
Insurance companies have teams of experienced lawyers as well as claims adjusters on hand constantly in order to professionally devalue your claim. You should avoid discussing the extent of your injuries with your insurance company without a lawyer present, and it is vitally important that you never sign any documentation without the presence of a lawyer. The same considerations should be true of telephone conversations, as these are always recorded, and anything you say can be used in court against you.
How Much Will a Truck Accident Attorney Cost Me?
All lawyers at The Law Place work on a contingency basis. This means that your case will incur no upfront charges until the conclusion of your defective tire claim. The total charge of the lawyer services will be deducted from your final settlement. We also operate a no-win-no-fee policy, which means that if for some reason, your defective tire claim should be unsuccessful, the entire process will not cost you a penny.
All contingency work is monitored by an organization called the State Bar Associations. You can be safe in the knowledge that you are sufficiently protected by their reviews and our respect for their guidelines.
Contact The Law Place Today
If you have been involved in a car or truck crash due to a defective tire or tires, get in touch with our team at The Law Place today.
We have a wealth of knowledge and experience when it comes to accidents on the roads. The lawyers on our team have over 75 years of combined experience. Unlike other law firms, our lawyers work on all cases as a combined team. This means that you can benefit from the skills, knowledge, and wisdom accumulated by each member of our staff.
Here at The Law Place, we are proud to go above and beyond for each individual claim brought to us. Our free claim evaluations are there to ensure that you know the legal road map of your situation before you embark on the journey towards claiming the compensation you deserve. With The Law Place, you can be sure that you are receiving the best in honest and unbiased legal advice from the beginning of your claim to the finalization of your settlement. We can guarantee that along the way, you will be treated with the care and compassion you deserve.
The Law Place can offer you a free consultation at any time that is convenient for you. Our telephone lines are open 24 hours a day, seven days a week, all year round. With car and truck crash claims, time is of the essence. You are entitled to the compensation you deserve, and should not risk letting the passage of time or the tricks of insurance companies deprive you of the settlement your claim entitles you to. Do not hesitate to call us on (941) 444-4444 for more details today.