Dallas Tire Blowout Truck Accident Attorneys
Every motorist must share the road with commercial trucks. Unfortunately, this makes them vulnerable to truck crashes that can lead to serious injuries. When a small car collides with a large truck, it’s usually the person in the small vehicle that sustains a severe injury. One of the most common causes of truck accidents is tire blowouts.
When the trucker or their employer is negligent in ensuring the truck is safe and it leads to a tire blowout accident, you could pursue compensation for your losses. Tire blowouts could happen for multiple reasons, whether it’s improperly installing the tire, overloading cargo, or braking too hard. The contributing factors are typically complex and require an experienced Dallas tire blowout truck accident attorney to investigate.
The Benton Law Firm knows how to perform thorough investigations into vehicle crashes and seek the maximum financial award for injured victims. If you want to know what your rights are after getting hurt in a tire blowout truck accident, contact us today at (214) 777-7777.
Types of Commercial Trucks
There’s a range of different types of commercial vehicles you see every day on the roadways. Some are more common than others, but all of them can become dangerous to unsuspecting motorists when careless drivers or trucking companies fail to take the proper measures needed to prevent a tire blowout.
Here are some of the most common types of trucks on the road:
- Dump truck
- Big rig
- Garbage truck
- Refrigerator truck
- Box truck
Why Do Tire Blowout Accidents Occur?
Similar to a passenger vehicle, all commercial trucks must have safe tires free from any defects or damage. If there’s a problem with the tire and the truck driver or trucking company fail to fix it, they could be liable for the other driver’s losses.
Vehicles like 18-wheelers and tractor-trailers are massive in size and weight. When they collide with a small car, the result is catastrophic. In addition to the initial impact, vehicle parts, cargo, and debris create a hazardous situation for all drivers involved.
The tires on a large truck can blowout for many reasons. Besides high temperatures and driving at excessive speeds, the most common factors contributing to a tire blowout truck crash include:
- Improperly installed tires
- Over or underinflated tires
- Incorrect tire size for the truck type
- Overloaded or uneven cargo
- Wear and tear or damage
- A recalled tire the trucking company didn’t replace
- Braking too hard, which wears out the tire tread
When a tire blowout occurs, pieces of rubber can fly all over and damage other vehicles or injure another driver or passenger. When the tire explodes, it can cause the truck to roll over, jackknife, or result in the driver losing control of the vehicle. Any number of issues could lead to traumatic physical and emotional harm that takes a long time to heal.
How the Driver’s Negligence Contributes to a Tire Blowout Accident
The Federal Motor Carrier Safety Administration holds truck drivers to a high standard. The regulations set forth are supposed to keep all motorists safe on the roadways and prevent bodily injury and property damage.
Unfortunately, some truckers don’t follow those regulations and end up hurting someone. The FMCSA regulations a truck driver must follow include:
- Carry a valid commercial driver’s license (CDL)
- Undergo training and education to operate a truck
- Report any tire damage or defects for prompt repair or replacement
- Take a 30-minute break after the first 8 hours on the road
- Perform inspections on the commercial vehicle during every driving shift
- Ensure cargo doesn’t exceed the maximum weight and size limits and is secured and evenly loaded
- Drive no more than 11 hours during one shift after spending 10 hours off duty
An inexperienced driver can easily cause a tire blowout accident. If they don’t have the proper skills and training, they won’t know the protocol for inspecting their truck for any problems or how to handle an emergency. An 80,000-pound vehicle can cause massive damage for anything or anyone that gets in its path. If the driver follows federal and state laws, it will create a safer situation for everyone sharing the road with them.
How the Trucking Company’s Negligence Contributes to a Tire Blowout Accident
Trucking companies are also supposed to follow federal and state laws set forth by the FMCSA. Their failure to adhere to these requirements can justify an injured victim to pursue legal action against them.
The regulations every trucking company must follow includes:
- Provide training for employees
- Perform routine maintenance and repairs on all trucks
- Monitor the hours of each trucker’s shift
- Perform background checks on all new truck drivers
- Ensure the drivers have a clean driving record
- Load the cargo on the commercial vehicle correctly
Even though the truck driver is responsible for what happens during their shift, the employer must ensure safety standards are met before each driver’s shift. If they fail to follow FMCSA regulations and a tire blowout crash occurs, they can suffer the financial consequences of an injured individual’s losses.
How The Benton Law Firm Will Handle Your Tire Blowout Accident Claim
If you choose to pursue compensation from the liable party, you can do so by filing an insurance claim. Our Dallas tire blowout truck accident attorneys will take care of each step of the process to ensure you receive the maximum settlement available. Our personal injury law firm will:
- Perform an investigation. We will investigate the crash site and collect relevant evidence that proves the truck driver or employer caused the crash. Some of the evidence we’ll obtain include:
- Witness statements
- Photos of vehicle damage
- Truck’s electronic data recorder (black box)
- Trucker’s cell phone records
- Police reports
- Driver toxicology test results
- Liability insurance policies
- Video surveillance
- Trucking company’s maintenance, repair, and driver logs
- Truck driver’s traffic and criminal background
- Speak with experts. We’ll talk to individuals who have experience within the trucking industry to confirm the cause of the accident and injuries you sustained. These individuals include:
- Engineers and mechanics
- Medical experts
- Compliance and safety experts
- Accident reconstruction experts
- Driver training experts
- Make sure all available evidence doesn’t get destroyed or lost over time by sending all involved parties a notice letter, requesting that they preserve all relevant evidence regarding the crash.
- File an insurance claim on your behalf with the liability insurance company. Along with filing the claim, we’ll submit appropriate evidence for the adjuster to review to determine if they agree with our assessment of fault. If they approve the claim, we’ll negotiate a settlement we believe is fair. If they deny your claim, we can file a lawsuit against the insurance company and at-fault party.
- Refer you for treatment. You can seek medical care from doctors of your choosing, or you can get referrals from us. We have endless resources at our disposal, which includes professional relationships with physicians that specialize in the type of injury you have. If you don’t know who to go to, we can help you decide.
Factors that Determine the Value of Your Case
There are various contributing factors to consider when you’re trying to calculate the amount of money you should receive from the liable trucker or trucking company. Those factors are known as damages. Damages are all expenses and losses an injured person incurs after an accident.
There are three categories of damages you can pursue in a tire blowout truck accident case: economic, non-economic, and punitive.
The economic damages available may include:
- Medical costs
- Out of pocket expenses
- Loss of earnings and future wages
- Medical and assistive device bills
- Travel reimbursement for doctor appointments
- Rehabilitation costs
- Car repairs
- Psychological counseling
The non-economic damages available may include:
- Emotional anguish
- Loss of personal and household assistance
- Disability or disfigurement
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
Punitive damages aren’t reimbursement for expenses or losses. Instead, they punish the party responsible for the tire blowout accident and attempt to deter similar reckless behavior from happening again in the future. Typically, punitive damages are rare and result from egregious behavior, such as drunk driving, and come from the at-fault party’s pocket in a lawsuit.
What if the Truck Driver Doesn’t Carry Insurance?
Despite Texas laws requiring all motorists to carry liability insurance, some truck drivers let their policy lapse and don’t have coverage at the time of the crash. If that happens, you can pursue compensation from your auto insurance.
UM, uninsured/underinsured motorist, coverage isn’t a requirement for Texas drivers; however, insurance carriers must offer it as optional coverage. If you chose to purchase it on your policy, you could file a UM claim to cover your damages. UM insurance provides reimbursement for medical bills, lost wages, and out of pocket expenses. You can also seek compensation for your non-economic damages.
Speak to an Experienced Dallas Tire Blowout Truck Accident Attorney
At The Benton Law Firm, we care about our clients and will make you and your case a priority. You suffered enough and deserve financial compensation for the injuries someone else caused. You shouldn’t be responsible for your expensive medical bills and out of pocket costs that resulted from the accident.
Our Dallas truck accident attorneys will meet with you for a free consultation. There’s no risk in discussing the details of your case and the rights you have under Texas laws. We’ll explain the process and the options you have for pursuing the money owed to you.
If you were the victim of a tire blowout truck crash and want to find out how The Benton Law Firm can help you recover a favorable settlement, call (214) 777-7777 to schedule your free consultation.