Who Is To Blame When Your Tire Blowout Injures Another Driver?
Not all accidents are cut and dry. There are some circumstances that will make you scratch your head in contemplation as to who the blame should be placed on. Having a tire blowout that causes a person to wreck into another car is one of these odd cases. We’re going to take a closer look at this situation today.
The type of liability in this particular accident lies in two areas. These are product liability and driver neglect. The third party that was injured can seek damages from either product liability or driver neglect. The driver of the vehicle who had a blowout can seek damages from the product liability area. Understanding both of these liabilities is the key to determining fault for a tire blowout accident.
A skilled personal injury attorney will likely instruct you to file a claim against the driver who had the blowout. While you are legally entitled to sue either the driver or the tire manufacturer, it’s much easier to prove fault on the driver than it is the tire manufacturer.
Most drivers don’t check their tires for noticeable wear or defects. In fact, this is a point commonly used to prove guilt in the case of injury from a tire blowout. If a driver can’t prove they check their tires or have a mechanic check their tires on a regular basis then they are considered in neglect. This makes them liable for injuries that occurred due to the accident.
If you retained injuries or vehicle damage due to a blowout accident from another vehicle, it’s important to realize there is a statute of limitations on how long you have to file a claim. If you are unsure of the case, be sure to contact a skilled lawyer immediately to discuss the situation before the necessary time frame for legal action runs out.
Product liability claims encompass a few different areas. You can file a claim against the tire manufacturer, the wheel manufacturer, or even the mechanic who installed them. This is assuming you are able to prove a defect in the tire or wheel, or that they were improperly installed on your vehicle.
These types of damages claims are typically hard to prove in a court of law. Your injury attorney will likely need to call on an expert to evaluate your vehicle and its components. In addition, this expert would have to provide expert testimony in the court of law.
As you can see, in the event of a tire blowout, the driver whose car tire blew is going to be the one most likely held responsible for the accident. The third party that received injuries is going to seek a settlement from the vehicle driver, as it is a much easier case to win than suing the tire manufacturer, wheel manufacturer or tire installer. The vehicle driver can turn around and take legal action against the manufacturers or installers to recover damages from the accident.