A truck tire blowout can cause the driver to lose control of the truck and trailer, or the carcass of the tire can fly off and hit other vehicles. Drivers and passengers in other vehicles suffer injuries that are often severe.
Pennsylvania law makes it possible to recover economic and sometimes non-economic damages from the at-fault party in a truck accident. When the damages occur because of a tire blowout, identifying the liable party can get complicated. A truck tire accident blowout tire in Pittsburgh, PA, can help.
At Berger and Green, our truck accident lawyers can help you hold the right party responsible, and file your claims for compensation. Call us today at 412-661-1400 for your complimentary case evaluation.
Recoverable Damages After a Pittsburgh Truck Tire Blowout Accident
Pennsylvania’s choice no-fault auto insurance system determines the process we use to recover damages on your behalf. This system works to your benefit to ensure you can recover a certain amount of coverage for your medical care regardless of who caused the accident or the strength of your case. No matter what, you can file a claim based on your no-fault insurance to cover your medical treatment, up to the limits of the policy.
You can also file a claim against the at-fault party or parties to recover money for your economic damages. This is true no matter if you opted for full tort or limited tort insurance. The damages available through this type of claim include:
- The remaining cost of your medical care;
- Lost wages or other losses because of missed work;
- The repair or replacement of your vehicle; and
- Some other related costs.
If you carry full tort auto insurance coverage or meet a limited tort exception in the state’s insurance laws, you can also file for pain and suffering, emotional distress, and other non-economic damages. Most commonly, this is possible if you suffer serious injuries in the crash. It may also be an option if the trucking company has the truck registered outside of Pennsylvania.
Who Is Liable for Injuries After a Truck Tire Blowout Accident?
The most important factor in determining who is liable in this type of incident is to understand what caused the truck tire to blow out. There are a number of circumstances that can lead to a tire failure. For example:
- The truck driver failed to perform all required checks, and the tire’s pressure was low;
- The trucking company failed to replace the tires as necessary due to age or wear;
- A maintenance company did not properly mount or fill the tire; or
- The tire had a manufacturing defect that caused the blowout.
In all four of these situations, the liable party might be different. In many cases, more than one shares in the blame.
When a truck driver acts in a negligent manner, respondeat superior kicks into effect. This legal doctrine says that employers are financially responsible for the actions employees take during work hours. That means the trucking company is liable even if the blame falls on an individual trucker.
Our legal team knows how to navigate employer liability cases. We can help you identify the responsible party or parties in your case, and try to hold them responsible for the damages you suffered.
Can a Truck Accident Attorney Help Me Navigate the Insurance Claims Process?
When we agree to handle any truck accident claim, the first thing we do is launch a full investigation into the crash. When the crash involves a truck tire blowout, this investigation often requires additional steps. In addition to collecting and analyzing evidence to support your claim, we also need to:
- Work with a survey team, who can visit the accident scene, collect any pieces of the tire, and document the surroundings;
- Enlist the help of accident reconstruction specialists to help us understand what happened; and
- Discuss the case with tire industry experts, who can examine the tire carcass and help us understand any defects.
We will also need to examine the truck and trailer, and any damage to it. Maintenance logs and other required documentation may also be key. To protect this evidence from destruction or damage, we issue a spoliation letter to the trucking company and other liable parties as early as possible. This letter demands the responsible companies preserve any evidence pertaining to your case.
Once we know who caused the truck tire blowout and who is legally responsible for your damages, we can file your insurance claims. We will start by filing your Medical Benefits claim with your no-fault insurance provider if you have not already. Then, we can file third-party liability insurance claims against the responsible parties.
We will demand the liable parties pay to cover your financial losses and expenses, no matter if you carry limited tort or full tort insurance. If you have full tort coverage or meet an exception to limited tort, we will also demand compensation for your pain and suffering.
This is usually successful, and the insurance companies negotiate a fair settlement. If they refuse a fair payout, we are not afraid to take your case to trial.
Talk to a Truck Tire Accident Blowout Lawyer in Pittsburgh Today.
We urge you to take action right away if you believe a truck tire blowout caused your accident. Under the statute of limitations, you only have two years to file a personal injury or products liability lawsuit. We will need time to fully investigate the circumstances of your accident before we can file a claim on your behalf.
The legal team at Berger and Green offers complimentary consultations and case evaluations, and we handle truck tire blowout cases on a contingency basis. Call us today at 412-661-1400 for your case review.