Tire Blowout Blamed For Fiery Crash That Killed One
A wrongful death lawsuit has been filed against the operators of a dump truck involved in a crash that closed off a stretch of highway for hours and left one man dead. Others were injured in the crash. According to the police report, the dump truck suffered a tire blowout that caused the driver to lose control of the vehicle. The truck began veering in the direction of the blowout and struck another vehicle. The spouse and children of the victim have since filed a wrongful death lawsuit against the trucking company and the driver. Below, we’ll take a look at the allegations and determine if the plaintiff’s lawsuit is strong enough to win.
Tire blowout lawsuits
There are a few things you need to know. The first and most important thing is that every individual who drives a vehicle is responsible for operating that vehicle in roadworthy condition. That means that if you cause an accident due to a maintenance problem with your vehicle, the accident is your fault, no question. The second thing that you need to know is that the standard of care for commercial trucking companies is much higher when it comes to maintenance than your average commuter. Commercial truckers are expected to inspect their vehicles, especially the tires, for any signs of distress that could result in a blowout. If that didn’t happen, then the company operating the truck is indeed responsible for the death and any injuries that occurred.
That being said, a trucking company may or may not be responsible for a tire blowout. In some cases, road debris can cause a tire blowout. Imperfections in the road itself can cause a blowout. Lastly, there may have been a manufacturing defect that led to an untimely blowout. Only by analyzing the tire will we have a full understanding of what caused the blowout. If there is a puncture in the tire, then we can surmise that road debris is the most likely cause. Then, a determination would be made as to how long the tire took to deflate. If it blew out instantly, then the trucking company is probably not responsible for the blowout.
Lastly, truckers are trained to deal with tire blowouts so that the worst doesn’t happen. After suffering a tire blowout, truckers are trained to straighten out the wheel and allow the vehicle to roll slowly to a stop. Everyone’s first instinct is to turn the wheel in the direction that the vehicle is pulling. This generally results in rollover accidents and when you’re dealing with a massive truck, the potential for death and serious injury are extremely high.
Talk to a Miami Personal Injury Attorney Today
If you have been involved in an accident with a commercial truck, you may be able to recover damages related to your injuries. Call the Miami personal injury lawyers at Payer Law today to schedule a free consultation and learn more about how we can help.