Accidents Caused by a Tire Blow Out: Can You Receive Compensation?
Indiana highways are littered with the debris from tire blowouts. Pieces of rubber lay curled on the shoulder or sometimes even in the middle of the road. But can you receive compensation for one of these accidents? When a tire explodes, a driver can suddenly lose control of their vehicle, careening into oncoming traffic or sideswiping a nearby car.
However, not all tire blowouts are “fault” collisions, which means that you might not receive any compensation if the driver is not to blame. Contact an Indianapolis car accident lawyer to review your case.
Why Fault Matters
Indiana is a fault state, which means that a driver will only be on the hook to pay compensation if he or she is to blame for the accident. The reality is that sometimes no driver is to blame because no driver was negligent.
When a tire blowout leads to a wreck, we need to closely examine the surrounding circumstances. It might be the case that the driver unexpectedly hit a pothole, which damaged the tire. In other cases, the driver might have run over debris, like a nail, which caused the tire to deflate or explode.
In these examples, no one is really to blame—the wreck is truly accidental. However, there might be situations where the driver is at fault for the blowout, which means our clients can seek compensation for their injuries.
When a Driver Is at Fault for a Blowout
Drivers have a duty to operate their vehicles safely. This duty includes a duty to keep a car in good working condition. A motorist cannot let their vehicle deteriorate and then claim they are blameless when this defective vehicle crashes.
When it comes to tire blowouts, a driver might be to blame for:
- Driving with tires that have badly worn treads
- Putting too much or too little pressure in the tire
- Knowing a tire has a nail or other object in it but doing nothing
In these situations, the driver took some action (or failed to take an action) and is negligent as a result. For example, once a driver knows there is a nail in the tire, he should stop and put on the spare tire, not continue to drive with it. Engaging in risky behavior is unacceptable and renders a driver liable to accident victims.
Sometimes the tire is defective in design or manufacture or a mechanic improperly made repairs. In these situations, the driver is not to blame but some other entity is. It is possible to receive compensation by suing these third parties when their actions contribute to a crash—but doing so is difficult.
For help after a tire blowout accident, contact Keffer HIrschauer LLP today to review your case. It is rarely obvious who or what is to blame when a tire blowout contributes to a wreck, but one of our lawyers can carefully review the evidence and determine who has liability. We can then negotiate a settlement that gets you fair compensation for your injuries.
To schedule a free consultation, call us today.