Every year, more than 400 people are killed and another 10,275 are injured due to flat tires and tire blowouts, according to a report from the National Highway Traffic Safety Administration. A blowout causes the driver to lose control of the vehicle, often spinning out of their lane and off the road or into oncoming traffic. This highly dangerous event contributes to far too many injuries and deaths on American roadways.
If you or a loved one have been seriously injured due to a tire blowout, contact Maggiano, DiGirolamo & Lizzi today. Our skilled personal injury lawyers have spent more than 80 combined years fighting for the injured in New Jersey and New York, collecting more than $300 million in compensation along the way. Maggiano, DiGirolamo & Lizzi have the experience and commitment to see your claim through to the very end and hold the guilty party accountable for their negligence. Call (201) 585-9111 or contact us online to speak with one of our experienced personal injury attorneys today.
Who Is Liable for a Tire Blowout?
Tire detreading—commonly known as a blowout—occurs when the outermost tread of a tire separates from the layers underneath, causing a rapid decrease in tire pressure or causing it to rupture completely. This sudden decrease in pressure makes it incredibly difficult to control the vehicle, especially when traveling at high speeds. Vehicles often spin around sideways, which can lead to the vehicle to roll over or be struck by oncoming vehicles.
Many tire blowouts are caused by defectively manufactured tires. Defective products are covered under product liability law, which holds parties in the chain of manufacturing responsible for damage caused by their defective products. Depending on the type of defect and the people involved in designing and manufacturing the product, liability could rest with a number of different parties. The three common types of product defects are as follows:
- Design defects are flaws in the original blueprint of a product that caused it to be unreasonably dangerous or hazardous for users. Proving a defective design claim requires proving that the tire was inherently flawed; in other words, you must prove that the tire is dangerous when used as instructed. If the tires were designed in a way that makes blowouts more likely, the company responsible for designing the tire could be found liable.
- Manufacturing defects are a departure from the designer’s or manufacturer’s specifications for a product. In these cases, the tire manufacturer has failed to produce tires according to the pre-determined plan, resulting in an unsafe final product. These product liability claims are typically the easiest to prove because the original design specifications of the tire will ultimately show that it was manufactured incorrectly.
- Marketing defects are when a product is improperly labeled or does not carry the appropriate warning labels/instructions. Failure to warn consumers of hidden safety hazards or provide consumers with adequate instructions for safe use can open up the manufacturer to liability.
Claims involving defective car parts are often complex and difficult to navigate. Large manufacturers have the resources and expensive legal teams to fight defective product claims, and it takes an experienced law firm to fight back.
However, it is important to note that the manufacturer/designer of the tire is not always at fault in a tire blowout incident. Some tire blowouts are caused by sharp debris in the road or other hazardous roadway conditions.
Some tire blowouts are caused by a failure to properly maintain tires. Everyone who gets behind the wheel has a duty to drive safely and avoid reasonable risks; if the failure to do so results in an accident, the negligent driver could be found liable for the damage caused. Driving on extremely worn tires or with knowledge of a tire defect can open up the driver to liability in the event of an accident.
Damages in a Personal Injury Lawsuit
If you are injured in a tire blowout accident, you could be eligible to receive compensation for your losses. Damages in a New Jersey personal injury claim can include compensation for:
- Medical treatment: includes hospitalization costs, ongoing treatment expenses, rehabilitation costs, and any expected future medical expenses
- Lost wages: compensation for wages lost while out of work due to the accident, as well as decreased earning capacity in the future if the injuries will continue to affect the victim
- Property damage: compensation for damage to the victim’s car, clothing, or other personal effects as a result of the accident
- Loss of enjoyment of life: covers loss of enjoyment of day-to-day activities, recreation, hobbies, and exercise
- Pain and suffering: the physical and emotional pain caused by the accident, including the pain of the physical injuries and ongoing emotional trauma
- Emotional distress: the psychological effects of an injury, such as anxiety, sleep loss, or fear (typically awarded in severe accidents)
- Wrongful death: compensation for the family or estate of someone killed by a negligent driver
Contact Maggiano, DiGirolamo & Lizzi
Maggiano, DiGirolamo & Lizzi are here to help you recover your losses. With more than 80 years’ worth of experience fighting for the injured in New Jersey and New York, we have the resources and experience to fight for you. We have collected more than $300 million for our clients over the years, including a number of successful car accident verdicts and settlements:
- $10 million for a car accident victim who suffered a severe brain injury and visual impairment after being thrown from a vehicle
- $6.2 million for a commercial truck driver who was struck by another truck driver while pulled off on the side of the road
- $2.8 million for a car accident victim who was struck by a negligent driver, leading to a total knee replacement
- $2.5 million for a driver who was struck by a New Jersey Transit Bus after exiting the Lincoln Tunnel
- $1.7 million for a 50-year-old driver who was rear-ended at a stoplight
Maggiano, DiGirolamo & Lizzi are committed to pursuing justice. We will conduct a thorough investigation of the accident, using our resources to interview witnesses, collect police reports, and obtain medical evidence. Our years of experience have given us the tools and resources to stand up to large corporations, auto manufacturers, and opposing attorneys alike. If you or a loved one has suffered serious injury as a result of a tire blowout, contact us today for a free consultation. Call (201) 585-9111 or contact us online to speak with one of our experienced car accident lawyers.