Tire Blowout Accidents
Tire blowout accidents can have catastrophic consequences for everyone involved. In the most serious cases, these accidents can result in a needless death. If you or a loved one has been injured in a tire blowout accident caused by someone else’s negligence, we can help. At Therman Law Offices, our Wheaton and Schaumburg truck accident attorneys can devote the necessary time and resources to your case. With over 35 years of combined experience to assist us, you can trust that we understand the nuances of this area of law.Understanding the Consequences of a Tire Blowout Accident
According to the National Highway Traffic Safety Administration and the Department of Transportation, approximately 11,000 tire-related crashes happen each year. When a tire blows out, you can lose control of the car in less than a second and get into a serious, even deadly accident. There are a variety of reasons why a tire can blow out, ranging from a manufacturing defect to poor maintenance of the tire. Some other causes include potholes, large cuts that cause rapid air loss, small punctures to the wheel that permit slow air loss over time until the tire pressure fails, mismatched tires, thread separation, balding tires, and overloading the truck, which may cause the tire to give way. Tire blowouts can happen at any time and on any type of road.
If you have been hurt in a tire blowout accident that was not your fault, you might be able to recover compensation for your harm through a negligence claim. Negligence takes place when a truck driver fails to take reasonable care behind the wheel. Reasonable care is defined as how a prudent driver would act under the same or similar circumstances. To win on a negligence claim, the plaintiff’s attorney will seek to prove the following elements by a preponderance of the evidence:
- The truck driver owed the plaintiff a duty to use reasonable care, which includes making sure that the tires are safe and in proper working order;
- The truck driver violated the duty of care by driving on faulty or defective tires;
- The truck driver’s breach was the direct cause of the crash; and
- The plaintiff suffered bodily injuries or property damage, or both, as a result.
One example of negligence would be if the driver of a delivery vehicle failed to check the tire pressure on their truck, which ultimately led to a tire blowout and caused an accident leading to injuries or property damage. If your loved one was killed in a tire blowout accident caused by someone else’s negligence, you may be able to recover damages through a wrongful death claim. These claims are relatively complicated, and you should reach out to an attorney if you are contemplating pursuing this type of legal action.
A truck accident claim, like any other civil lawsuit, must be filed within a certain time frame, known as the statute of limitations. Under Illinois law, an injured victim has two years from the crash to file a claim in civil court. If you do not file a claim within the deadline, you will likely be barred from filing a claim altogether. In limited cases, there may be an exception that applies, but it is still better to file as soon as you can so that critical evidence can be preserved.Contact a Knowledgeable Truck Accident Attorney in Wheaton or Schaumburg
If you or someone close to you has been hurt in a tire blowout accident, it is important to consult a skilled personal injury attorney who can assess your case. Tire blowout accidents can be particularly complex, since they often involve many contributing factors. However, at Therman Law Offices, we have the experience and dedication to handle your case. We are here to answer your questions and address your concerns. We proudly advocate for victims in cities such as Wheaton, Schaumburg, Arlington Heights, Hoffman Estates, Streamwood, Elgin, Bartlett, Hanover Park, Bensenville, Wood Dale, Bloomingdale, and Roselle. We would be more than happy to schedule a free consultation to discuss your case with you, whether you were hurt in a tire blowout accident or in another type of truck crash, such as an override accident. To learn more, call us at 312-588-1900 or contact us online.