Tire Blowout Accidents
Collisions caused by large trucks are some of the most deadly on West Virginia highways. Commercial drivers are subject to strict federal and state regulations, including the requirement to safely maintain the vehicle to ensure there are no mechanical failures. However, there have been many situations where an accident could have been avoided if the truck driver or the trucking company had been vigilant about maintaining their tractor-trailer. For example, tire balding and tire blowout accidents are typically avoidable if the truck is routinely inspected. If you or someone you know has been injured or killed by one of these crashes in West Virginia, truck accident lawyer Dorwin J. Wolfe can help. As an Elkins tire blowout accident attorney, he will take the time to learn about the details of your specific case and spare no effort in pursuing the compensation that you deserve.Tire Blowouts Can Cause Truck Crashes
There are many reasons why a tire can blow out, ranging from a manufacturing defect to poor maintenance of the tire. Sudden tire failure can mean instantly losing control of one’s vehicle. Defective tires can blow out without any warning, even after very little mileage and even if they appear to be in good condition. Here are some common causes of tire blowout:
- Balding tires: tires that have been so worn down that they almost have no tread
- Thread separation: failure in the bond of rubber and steel in high speeds and hot weather
- Ineffective rims (bent or faulty)
- Faulty spares: heat and sunlight can harden and corrode the rubber and steel inside the tire
- Mismatched tires: tires not designed to support the weight of the vehicle
If you or a loved one has been injured in a tire blowout accident, you have legal options. You can file a lawsuit against the responsible party under the theory of negligence. This is the failure to take proper care in a certain situation. To win on a negligence claim based on a tire blowout accident, your Elkins attorney would need to prove with respect to the truck driver or the trucking company:
- The defendant owed you a duty of care to ensure the tires on the tractor-trailer were reasonably safe;
- The defendant breached that duty by allowing the operation of a truck with faulty or worn out tires;
- The accident was a foreseeable result of driving on faulty tires; and
- You were hurt and incurred damages related to your injuries.
For example, a truck driver who drives for an unreasonably long period of time without checking to ensure the tires are in good condition could be deemed negligent if a tire blows out and causes an accident. If someone you know was killed by a negligent truck driver, you may be eligible to bring a wrongful death claim.
Sustaining an injury is stressful enough without the financial burdens that typically accompany an accident. The law allows a plaintiff to recover monetary compensation for his or her injuries on both economic and non-economic levels. Damages may include medical bills, rehabilitation costs, psychological counseling, pain and suffering, lost wages and income, and property damage. To pursue damages, however, you must file your lawsuit within a certain time frame after the accident that injured you. There is a different time window required if you are pursuing a claim based on the death of a loved one in a truck crash. You should consult a lawyer as soon as possible, therefore, to make sure that your right to sue is preserved.Contact an Elkins Lawyer for a Tire Blowout Accident Case
If you or a loved one has been injured or killed in a tire blowout accident, we can help lighten the financial burdens created by your recovery process and seek to hold careless defendants accountable for their actions. Knowledgeable truck crash attorney Dorwin J. Wolfe will work diligently to learn the facts of your case and advocate for your rights. We represent clients in Clarksburg, Fairmont, Morgantown, and throughout West Virginia. Call us today at 877-637-5756 or contact us online for a free initial consultation with an Elkins tire blowout accident lawyer.