If you’ve ever found yourself driving a vehicle when the tire has blown out then you probably can identify with just how much the operation of your vehicle can quickly become impacted as a result. There’s a reason you’ll routinely see truckers who have a tire blow out pull over as soon as they possibly can.
Those moving at high speeds, along roadways with either poor visibility or a missing shoulder run the risk of accident and injury. Should an accident or injury inevitably occur as the result of a tire blowout, depending on the circumstances of the case, you may be able to pursue damages to cover medical bills and property damages.
In deciding whether your case falls under either the umbrella of a product liability or personal injury type of claim, it’s important to determine to what degree, if any, driver negligence was to blame for the blowout. In a case in which a driver is hit by a third party only to subsequently have a blowout and sustain an injury, a situation of that sort would be more representative of a personal injury claim.
When it comes to drivers inspecting their tires, although they’re required to routinely check tires to ensure they’re in sound in condition for driving, few drivers ever do so. In the case of those who do, any testimony they are able to provide in which they can claim not to have noted any wear prior to the accident may be enough to absolve them of negligence associated with a claim.
As an alternative, blowouts resulting in injury, that are suspected to have resulted from either poorly manufactured or installed tires, fall under the umbrella of products liability law. In these cases, provided proof of either the defect or human error can be presented, the injured party may be able to qualify for both personal injury and property damages related to it.
As with many lawsuits, though, both personal injury and products liability cases have established statutes of limitations during which claims can be filed. If you or someone you know has been injured as the result of the suspected negligence of another, a Columbus, Ohio car accident attorney can provide advice and guidance in your legal matter.
Source: FindLaw, “Who’s Liable for a Tire Blowout Injury Accident?,” George Khoury, Esq., accessed March 10, 2017