A driver can lose control of his or her vehicle if a tire blows out. The result is usually an accident that may inflict devastating harm on anyone involved. If a tire blowout caused your injuries, the attorneys at Frankl & Kominsky in West Palm Beach can help you. We are seasoned car crash lawyers with extensive experience representing victims. We can provide the legal guidance and steadfast representation you need to pursue a claim against the party responsible for hurting you.Common Causes of Tire Blowouts
Most car accidents are caused by driver negligence, but sometimes crashes occur because a vehicle’s tire blows out. This can happen when a lack of adequate pressure causes a tire to flex beyond its limits, overheat, and burst. A driver can lose control of the car, which can cause it to roll over or strike other structures or motorists in its path.
Tire blowouts are usually attributed to vehicle overloading, inadequate tread depth, and tread separation. Car owners can take steps to prevent these serious accidents. The National Highway Traffic Safety Administration recommends that they inspect their tires and replace them at the first sign of wear-and-tear. Car owners should also check the pressures on their tires on a monthly basis.
Although people can take these precautions and others to reduce the risk of a blowout, a tire may nevertheless malfunction as a result of inherent defects or the negligence of others. A manufacturer, for example, may be responsible for an accident that was caused by a flaw in its product.Hold Negligent Parties Accountable for Your Injuries
You may possibly have a product liability claim against a manufacturer or retailer if a tire defect caused it to blow out. Manufacturers are liable for injuries that result from flaws in items that they make. These may include:
- A manufacturing defect if a tire deviated from its intended design;
- A design defect if it was manufactured as planned, but the actual design was flawed; or
- A marketing defect if the manufacturer failed to properly communicate the tire’s uses and dangers.
Your claim can be based on strict liability, negligence, or breach of warranty. The defect in the tire will help determine which type of claim you use. For example, if you argue that the manufacturer is strictly liable for your injury, you would have to show that the tire reached you with no substantial change from when it left the defendant’s control, and that the defective condition was unreasonably dangerous.
In addition to the tire manufacturer, you may also have a viable injury claim against other parties. A trucking company and its driver may be responsible if a tire blew out because a big rig was overloaded with cargo. A municipality or other government entity that handles road maintenance may have created a road hazard that caused the tire to blow out. Or an auto repair shop may have failed to adequately repair or maintain the tires on your vehicle. These cases will hinge on whether the defendant was negligent. You would have to prove that it had a duty to exercise reasonable care, and that its failure to use the appropriate level of care proximately caused your injury and forced you to incur damages.
Victims who prevail in a lawsuit after a crash can potentially recover for any related medical expenses, damage to property, lost income, pain and suffering, and other forms of harm. You have four years to file a Florida product liability or negligence-based claim. If you plan to file a lawsuit against a government entity, you must notify it within three years from the date of your injuries.Lawyers Fighting for the Rights of Auto Accident Victims in West Palm Beach
At Frankl & Kominsky, we are dedicated to tenaciously representing the rights of our injured neighbors throughout West Palm Beach. Our experienced auto accident attorneys can provide the representation you need if you were hurt in a crash caused by a tire blowout. We can go over the facts of your case, discuss the possible liable parties, and represent your interests if we decide to move forward with your case. We represent victims of all types of injuries throughout cities such as Delray Beach, Boca Raton, and Lake Worth. Call us today at (855) 800-8000, or complete our online form to set up a free and confidential consultation. We are fluent in Spanish and Creole.