Before you can file a lawsuit against a party for the recent truck accident you or a loved one was involved in, you have to determine who was liable for the wreck. While the driver may be one potential candidate that can be named as the defendant in a lawsuit, there may be other parties who also played a role in causing the tire to blow as well. In this article, we are going to explore the various parties that may be responsible for causing the accident and what you need to do if you wish to recover compensation for your injuries and medical expenses.
What causes tire blowouts on large trucks?
- Poor maintenance. It is estimated that commercial trucks drive about 100,000 miles per year which means they endure a significant amount of wear and tear. Given that trucks are used so frequently and to travel great distances, they need to be inspected and serviced regularly. Without routine service being performed on semis and other commercial trucks, there is a chance the vehicle will begin to experience issues, including having one of its tires blow out.
If the truck you were involved in an accident with did not receive the maintenance it was required to undergo which is what contributed to the tire blowing out, the trucking company could be held liable for your accident. What this means is that you could file a personal injury lawsuit in the county in which the accident occurred in against the company in an effort to collect the amount of compensation you think would be fair for you to receive.
- The tire was sold with a defect. Trucking companies order parts for their fleet of vehicles from various companies. Sometimes, when an order is placed for tires, the company might receive parts that are defective and not even know it.
If a defective tire is what caused the truck accident you were involved in,you may have a case against the manufacturing company that sold the tires. Businesses should be inspecting their products before they are sold to ensure they are safe and free from defects. Unfortunately, there are times when a defective product, such as a tire, might make into the hands of a consumer (i.e. the trucking company) and cause them or someone else harm.
- The truck was overloaded. Although the Federal Motor Carrier Safety Administration (FMCSA) does state that a Commercial Motor Vehicle (CMV) can be operated with tires that “carry a greater weight than the weight marked on the side wall of the tires,” this is only permitted when the CMV “is being operated under the terms of a State-issued special permit, and at a reduced speed that is appropriate to compensate for tire loading in excess of the rated capacity.
Therefore, if the driver and/or the company failed to obtain the State-issued permit that is needed or he or she neglected to travel at safe speeds, then the driver and the company may be the parties named in your lawsuit.
Truck accidents that occur on I-95 tend to be some of the more complex types of cases so you should consider contacting a Boca Raton, FL truck accident lawyer to help you.
Because there may be more than one party you can file suit against, it is recommended you hire a truck accident attorney in Boca Raton, FL to assist you. Not only can a lawyer assist you with gathering the evidence you will need to prove your claims in court, but they can increase your chances of securing a favorable outcome. So, if you’re ready to speak with a legal expert regarding the recent collision you were involved in on I-95, contact The Law Offices of Jeffrey A. Rosenberg, PLLC today.
The Law Offices of Jeffrey A. Rosenberg, PLLC can be reached at:
5255 North Federal Highway, 3rd Floor
Boca Raton, FL 33487