Transporting up to 80,000 pounds, it’s no wonder why tractor-trailers need so many tires. If those tires aren’t properly maintained, the wear and tear will eventually take their toll, perhaps leading to a blowout and a devastating accident.
If you were hurt in a truck accident caused by a tire blowout, you may have grounds for a personal injury claim against the motor carrier, a maintenance contractor, or another party. Read on for the answers to a few frequently asked questions about these cases:
1. Who Might Be at Fault for a Truck Tire Blowout?
When a tire blowout causes a truck accident, liability depends on the underlying reason for the blowout. Potentially responsible parties include:
- The trucker;
- The motor carrier;
- The tire manufacturer;
- The vehicle’s maintenance contractor; and/or
- The government agency responsible for maintaining the roads where the blowout occurred.
It’s not uncommon for multiple parties to share fault for a single collision. For example, if the blowout was caused by over-inflation, both the trucker and the maintenance contractor could be found liable. Commercial drivers have an obligation to monitor tire pressure en route while maintenance contractors have a duty to fill the tires to the correct PSI.
2. How Can I Prove Fault Following a Truck Tire Blowout?
The strongest evidence of liability will depend on the circumstances that led to the accident. Some of the most important pieces of evidence may include:
- The tire in question;
- The vehicle’s maintenance records;
- Receipts from the motor carrier’s tire distributor;
- Photographs of the scene of the accident;
- Information regarding any recalls issued by the tire manufacturer;
- Complaints regarding tire defects; and
- Statements from accident reconstruction experts.
3. What Kinds of Damages Can I Pursue?
In the state of New York, truck accident victims who sustain serious injuries have the right to seek compensation for both the economic and non-economic damages they incur. The types of recoverable damages and their value are different from one case to the next but may include:
- Pain and suffering;
- Loss of enjoyment in life;
- Scarring and disfigurement;
- Mental anguish;
- Property damage;
- Alternative transportation;
- Medical bills;
- Lost income and benefits;
- Loss of future earning capacity;
- Home care;
- Child care;
- Domestic help; and
- Any necessary home modifications to accommodate new physical limitations.
In addition to the above, a claimant’s spouse may be entitled to compensation for loss of consortium. This encompasses the loss of services, support, love, companionship, and affection that the injuries have caused.
Call 212-980-6800 to Speak with a Truck Accident Attorney in New York City
If you want to sue a negligent trucker or motor carrier, contact Charnas Law Firm. Attorney Scott Charnas counsels clients in both New York and Massachusetts, and he’s won numerous six- and seven-figure settlements and verdicts.
Because Scott works on a contingency fee basis, you’ve got nothing to lose by reaching out to discuss your case. Call 212-980-6800 or fill out our Contact Form to schedule a free consultation with a truck accident lawyer in New York City.