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Who is liable for a tractor trailer flying tire accident near Fort Worth Texas?

Texas – June 30, 2021

Bowie County Texas was the scene of an accident involving a flying tire from an 18-wheeler on Interstate 30 near mile marker 199.  The 18-wheeler lost its tire sending it through the windshield of a passenger vehicle causing driver dangers on the highway.  Emergency crews responded to the accident to ascertain property damages and injuries. In flying tire, or wheel accidents, it is very difficult for victims to avoid the dangers of the heavy projectile and the dangers may include multiple vehicles because of the inability to determine.  Dangers to others include other motor vehicles, but also bicyclists, pedestrians, roadworkers, highway patrol, and roadside assistance companies such as AAA.  A truck accident attorney in Texas can guide the actions of victims of flying tire mishaps.

Determination of negligence.

Texas 2018 truck accident data revealed the highest number of large trucks involved in fatal crashes at 658 and the largest number of total vehicles involved at 5,222.  Negligence is determined after a reconstruction team, and mechanical engineers along with law enforcement personnel review possible reasons that may include:

  • Under-inflation,
  • Tread burn,
  • Tread separation,
  • Spare tire use,
  • Problems with the wheel, or rim.

When a truck tire breaks apart, tire debris can become a deadly projectile thrown through the air landing on vehicles, or causing dangerous conditions on the highway itself, leading drivers to swerve and lose control of their vehicles.

Flying tire occurrence.

Flying tire accidents are not that rare of an occurrence on Texas highways, and the size of a truck tire lends itself to increased damage to passenger-sized vehicles when accidents occur, and may result in higher settlements between parties.  Commercial motor vehicles, including tractor trailers, have significant safety impacts on Texas roadways. An accident attorney can help with insurance claims, or legal action after an accident causes harm and injury.

Damages.

Utilizing the 51% fault rule in Texas, personal injury lawyers will explain how loss valuations determine the compensatory damages requested for lost wages, medical bills, medical care, and treatment, plus household expenses, and non-economic loss for pain and suffering, loss of consortium, or  companionship.  Exemplary (punitive) damages are contingent upon proving that a defendant deliberately, with reckless disregard, acted in a manner to cause harm to another person, such as driving while impaired.  Texas law limits that amount to two times the actual damages up to $750,000 in total damages, or $200,000.  Drivers are required to file accident reports with the Texas Department of Motor Vehicles within 10 days of an accident resulting in fatality, injury, or property damage of $1,000, or more.

Liability for wheel separation accidents.

A truck accident lawyer in Texas can help identify possible defendants when a truck wheel, or truck tire causes an injury on Texas roadways and those parties include a:

  • Truck driver who failed to inspect tires.
  • Truck owner did not provide wheel and tire maintenance.
  • Tire manufacturer in cases of tire defects.

Hire legal counsel.

Flying tire accident victims should take steps to minimize additional stress by hiring competent truck accident attorneys at the Cooper Law Firm who will work with accident reconstruction experts and build a case toward catastrophic damage recovery.

Cooper Law Firm
N. Eric Cooper
Address: 501 N Third St,
Longview, TX 75601

Telephone ; (903) 297-0037
Toll-Free: 1-855-297-HURT (4878)
Facsimile: (903) 236-0035

Sources.

https://www.kltv.com/2021/06/30/big-rig-loses-tire-destroys-cars-windshield/

https://www.nhtsa.gov/research-data/fatality-analysis-reporting-system-fars

Sources: https://www.statista.com/statistics/191544/fatal-large-truck-crashes-in-the-us/

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm#16.003

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.101.htm

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm

https://statutes.capitol.texas.gov/docs/TN/htm/TN.550.htm

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm

 

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