Attorneys Assisting Families in Cape Coral
It is not uncommon to see part of a commercial truck tire lying on the side of the road. Typically, this is due to an explosive loss of pressure that is commonly referred to as a blowout. While tire blowouts can be dangerous under any circumstances, the consequences are often catastrophic when they involve tractor-trailers. There are measures truck drivers, and trucking companies can take to prevent tire blowout accidents. However, if they fail to do so, they should be held accountable for harm anyone suffers as a result. If your or someone you love has suffered injuries in such an accident, you may have a viable claim for damages and should speak to a lawyer. The Cape Coral truck accident attorneys of Lusk, Drasites & Tolisano, P.A. are committed to helping people contending with devastating losses seek redress for their harm. If we represent you, we will fight to help you pursue any compensation you may be owed. We regularly represent people in lawsuits arising out of truck accidents in Cape Coral and other cities throughout Florida.
Causes and Consequences of Tire Blowouts
Tire blowouts occur when there is a sudden and rapid loss of pressure in a tire. Blowouts often happen due to over or under-inflation. They can also come about when a tire is overburdened due to excessively heavy cargo. In some instances, a blowout will be caused by an object in the road that punctures the tire or extreme heat. Tire blowouts often cause a sudden loss of control, causing trucks to careen into other drivers. Accidents arising out of tire blowouts usually cause serious injuries, such as concussions and other brain trauma, spinal injuries, organ damage, and hemorrhaging, and in many cases, the injuries are fatal.
Due to the significant risk of injury presented by truck accidents, trucking companies and truck drivers are required to take certain measures to ensure their tires are in proper working order. Specifically, the Federal Motor Carrier Safety Administration Regulations (the Regulations) require that they inspect and maintain their trucks, which includes the tires, on a specified schedule. Additionally, truck drivers are required to conduct pre-trip and post-trip inspections and refrain from driving if there are any concerning issues. Trucking companies must maintain, repair, and replace truck tires when necessary as well.
Liability for Tire Blowout Accidents
People injured in tire blowout accidents often seek compensation for their losses via a civil lawsuit. Generally, the lawsuit will include a negligence claim against the driver of the truck involved in the accident. In Florida, proving negligence requires a plaintiff to demonstrate that the defendant owed the plaintiff a duty and that the defendant's acts constitute a breach of the duty. In cases arising out of trucking accidents, the duty is often one imposed by the Regulations, such as the duty to inspect and maintain tires, but it can also be the duty to act with reasonable care under the circumstances. The plaintiff must then produce evidence that demonstrates that the breach caused the accident and that that accident caused the plaintiff to suffer actual harm.
If a trucking company employed the driver involved in the accident, the plaintiff might be able to pursue claims against the company as well. Specifically, a plaintiff may allege that the company is directly liable for the harm caused by the accident or that it should be deemed accountable under a theory of vicarious liability. If a blowout was caused by a tire defect, a person hurt in a tire blowout accident might also be able to pursue product liability claims against the entity that manufactured the tire. Generally, a plaintiff asserting a product liability claim must show that the product in question suffered from a defect that rendered it unreasonably dangerous and that the defect ultimately caused the plaintiff harm.
Speak to a Skilled Attorney in Cape Coral
Tire blowouts can cause significant and permanent harm, and in many instances, multiple parties will be found at fault for a collision caused by a blowout. If you sustained damages in an accident with a commercial truck, you should speak to a lawyer regarding your rights. The skilled attorneys of Lusk, Drasites & Tolisano, P.A. are mindful of the devastation often caused by tire blowout accidents and, if you hire us, we will advocate tirelessly on your behalf. We regularly represent people in truck accident lawsuits in Cape Coral and Fort Myers and Naples.
You can contact us by calling our offices at (239) 908-4930 or using our online form.
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