How Do You File a Claim for a Tire Blowout in Florida?

Tire blowouts can cause serious accidents. If you have been seriously injured in a car accident involving a tire blowout, you may be entitled to financial compensation for your medical bills, pain and suffering, and other losses. But, in this scenario, seeking the compensation you deserve might not involve filing an auto insurance claim. Learn more from an experienced Florida car accident attorney at Searcy Denney:

When a Tire Blowout Causes a Serious Car Accident

Experiencing a tire blowout on the road can cause you to suddenly and unexpectedly lose control. When this happens, it can render you helpless to avoid a car accident—whether a collision with another vehicle or a collision with something on the side of the road.

Likewise, if another driver experiences a tire blowout, this driver may be helpless to avoid a collision with your car, truck or SUV.

In either scenario, if you suffered property damage and physical injuries due to a tire blowout, you may be entitled to just compensation under Florida law. As a general rule, tire blowouts should not happen. As a result, when they happen, accident victims will typically have grounds to file a claim. Some potential grounds to seek just compensation for an accident caused by a tire blowout include:

• Tire Defect – Tire blowouts often result from defects. If a tire is defective when it leaves the factory, the manufacturer can (and should) be held liable in the event of an accident. In these cases, strict liability applies, which means that proof of negligence is not required.
• Improper Tire Installation – Tire blowouts can also result from improper tire installation. If a repair shop or dealership does not properly seat the bead of the tire on the rim, if a tire isn’t properly inflated when it is installed or if any other installation-related issue causes a blowout, the shop or dealership that installed the tire may be liable.
• Inadequate Tire Maintenance – Vehicle owners can also be held liable for accidents involving tire blowouts in some cases. For example, if a vehicle owner continues to drive on a tire well past the point at which the tire needs to be replaced, the owner could be liable for the blowout under Florida law.

Since multiple parties could potentially be liable for your car accident, it is important not to make any assumptions about liability. While you might have an auto insurance claim, you might have other claims as well. Once you hire an experienced Florida car accident attorney to represent you, your attorney will be able to conduct an investigation focused on determining who (or what company) is liable for your accident-related losses.

When a Tire Blowout Contributes to Causing a Serious Car Accident

While tire blowouts can be (and often are) solely responsible for causing serious car accidents, they can also contribute to causing car accidents in some cases. For example, if a tire blowout causes a driver to lose control but the driver still could (and should) have avoided a collision, then driver negligence may be a factor in the collision as well.  

When a tire blowout is just one of multiple factors involved in a serious car accident, seeking full compensation may involve filing a claim against each of the parties that is partially responsible. In this scenario, it is common for each of the at-fault parties to try to blame the other, and this is one of several reasons why it is important to hire an experienced attorney who can use the available evidence to fight for the full compensation you deserve.

How Can You Prove the Cause (or Causes) of Your Car Accident?

As with all types of car accidents, gathering the available evidence is key to proving your legal rights after a collision involving a tire blowout. In these cases, the types of evidence that may be available to prove your legal rights include:

• The Blown Out Tire – In tire blowout cases, the tire itself (or any remnants of the tire) can be key evidence for proving why the accident happened and establishing liability. If your tire blew out, your attorney will want to hire an expert to examine the tire before it is removed and discarded. If another driver’s tire blew out, it will be critical to try to examine the tire promptly in this scenario as well.
• Documentary Evidence – From the tire manufacturer’s internal records to service records and receipts, various forms of documentary evidence may be available. Your attorney will be able to determine what types of documents are necessary and then work to obtain them through the appropriate legal means.
• Forensic Evidence – From skid marks to vehicle debris on the side of the road, various forms of forensic evidence may be available as well. To preserve this evidence before it disappears, your attorney will need to conduct a comprehensive investigation as soon as possible.
• Eye Witness Testimony – Eye witness testimony can be important evidence in all types of car accident cases. If any witnesses can corroborate your version of the events, their testimony could play a key role in convincing the insurance companies to settle for just compensation.
• Photos and Videos from the Crash Site – Photos and videos from the crash site—including cell phone, traffic camera and surveillance camera footage—can serve as strong evidence of all grounds for liability. If your car accident was captured on video, the footage could clearly show what happened and who (or what company) is responsible.  

These are just examples. Evidence in tire blowout cases can take many other forms as well. To help maximize your chances of gathering the necessary evidence and recovering the full compensation you deserve, you should talk to an experienced Florida car accident attorney right away.

Discuss Your Case with an Experienced Florida Car Accident Attorney at Searcy Denney

If you need help protecting your legal rights after a car accident involving a tire blowout in Florida, we encourage you to contact us promptly. For a free consultation with an experienced Florida car accident attorney, call 800-780-8607 or get in touch online now.