Our Defective Tire Lawyers Fight for Your Accident Injury Compensation Rights
If you or a loved one have recently been involved in a serious vehicle rollover accident, it’s possible that your tires might have played a part, or even been the cause of the mishap. And because of the injuries and other damages you’ve experienced from this unfortunate event, you have a right to seek fair compensation from any party whose negligence played a role in causing that wreck. Might your tires have been defective either in the way they were designed, constructed, or maintained? If so, then this article about the part tires play in rollover accidents will be of great benefit to you as you consider your legal options.
Tires are a vital safety system on your car because they are literally your first line of defense against the road itself. So if a blowout suddenly happens, especially if you are traveling at high speeds, and some sort of tire defect or negligent service work is the culprit, the results can be catastrophic when that tire causes you to lose control. These accidents also endanger the people and the property that is in your uncontrolled path of careening destruction.
Defective tire accidents usually display a different series of characteristics not found in other vehicle mishaps. Tire blowouts, and their subsequent rollovers can be quite complicated due to the forensic difficulty and many different factors that can come into play. More than one party could be liable for the injuries (or deaths) to the vehicle’s occupants, and property damage. So your ability to find and retain the right Texas tire defect attorney who understands all nuances of these contributing elements and how they relate to each other in your accident. When you think about it pragmatically, the only realistic strategy for you to recover fair compensation through a civil action against all responsible defendants involves just such a lawyer.
More expensive legal damages commonly arise in defective tire and blowout wreck. They usually create serious, even gruesome injuries to their victims. And an unusually large number of deaths are found in defective tire and rollover accidents: more than in any other kind of vehicle wreck, with the possible exception of those involving 18-wheelers.
But it is not unusual to find many denied claims by the involved insurers, which means the numbers of civil actions arising from defective tire/rollover accidents can be high simply because of these denials. And therein lies a problem for the victims since there are so many discrete factors in identifying the causes of defective tire and blowout accidents. These injury cases are very tricky to successfully settle, or adjudicate in your favor without a skilled defective tire attorney at your side.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can secure from your auto injury or death case, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damage or loss you have suffered.
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Reasons Why Tire Defect Accident Cases are Different from Other Vehicle Accidents
There could be more than a single defendant in a tire blowout/rollout accident: which probably comes as little surprise. Sometimes it is due to a manufacturing defect, which means the company that made your tire bears some liability. But it is also possible that your tires’ inability to perform properly was caused by any number, or a combination of other reasons such as:
The tire may not have been properly installed or mounted when you purchased it.
The tires may not have been maintained properly by your car care center’s professional tire technicians.
The tire on your vehicle may not have been properly matched to your vehicle’s needs, in which case your auto manufacturer, or the retailer who sold and installed your tires, might share some blame.
Other factors may have also contributed to the accident. This is why all potentially liable defendants must be subjected to a very thorough investigation, in addition to the physical evidence from the accident itself in order to fully understand why a tire’s failure caused your rollover accident. But one other thing: if you think we’re only talking about tires on your vehicle that might have caused a serious wreck, what part might defective or improperly serviced tires played in a wreck in which you were the victim? What if you were hit by a vehicle with bad tires and how do you identify them? Keep that thought in the back of your mind as you read on.
Any one of a host of different parties that have a part in the design, selection, installation, manufacture, and maintenance of a tire that caused your accident may be liable for your injuries and other damages. The Firestone Tire rollover accidents on Ford Explorers years ago is a perfect example of several seemingly unrelated factors combining to produce rollover tragedies, tens of millions of dollars in property damage, many injuries, and some deaths. Media attention first cast suspicion on Firestone itself as the cause. Then as investigations unfolded the spotlight shifted to Ford. But when the investigation was complete, no single reason for this higher-than-normal number of wrecks could be found.
Rather, the full investigation, which took almost a year, they found a combination of liability factors involving the tires themselves, incorrect tire specifications by Ford, and even some incorrect aftermarket service (and in some cases, the wrong tire inflation specifications) as all having played prominent parts in this confluence that produced this multitude of rollover tragedies.
Intensive investigations can reveal many reasons that point to the vehicle’s manufacturer’s liability. Other evidence can be attributed to different liable defendants in the “tire aftermarket chain.” Some (but not all) of the entire list of possible manufacturer roles in defective tire-induced rollover accidents involve:
The vehicle’s suspension design, relative to roll resistance in both the static (empty) and loaded state may have contributed to the defective tire accident.
The vehicle’s crashworthiness in a defective tire rollover accident. Some are better at protecting their passengers better than others, over and above-mandated vehicle safety standards.
Did the seat belts operate as-designed to protect everyone in the vehicle? And if the auto had airbags, did they operate as designed?
How well does any supplementary safety equipment protect the vehicle’s passengers in a defective tire accident?
…along with a host of other factors that may come into play once a thorough investigation of your rollover accident is complete.
Though Tires are Meant to be Durable, Human Error Makes Nothing Perfect or Infallible
Unless they need immediate attention or suddenly fail, just how often do you think of your tires: not much? We thought so.
Very few really understand how complex today’s vehicle tires are. Many think of them as little more than “just another car part,” and nothing more. And though a tire might seem a simple device that rarely comes to mind, it is actually a very sophisticated mechanism in both the way it functions and the manner in which it is created. Tires must put up with a lot of physical stress such as extreme heat and cold, unforgiving road conditions, and just as often, unexpected extreme driving hazards like sudden starts, stops, and violent maneuvers by the driver to avoid the many sudden dangers found on today’s roads and highways.
Tires are made up of a wide variety of materials that are fused-together through the very sophisticated heat treatment process known as vulcanization. Their complex material makeup (rubber, steel, and heat-resistant fabric), molecular structure, and construction methods notwithstanding, an awful lot goes on into the design and creation of your tires, much more than you might think.
Consider the life of the lowly tire for just a moment. It might further inspire you to steer clear of that next pot-hole infested street and find an alternate route. Think about your tires when you must make a sudden, violent swerve to avoid something in the road or have to suddenly stop on a dime to avoid rear-ending the driver in front of you who also suddenly stops-short. And what about all those nails or screws in the road that find their way into your tread without your knowledge? You know it happens all the time. The life of a tire is filled with daily hazards. Even if it is a marvelous and very durable invention that most of the time is designed and manufactured correctly, if it is defective or improperly serviced, it could be a tragedy waiting to happen, on your car or the one headed your way.
Automotive engineers design their tires to perform as your car’s “fifth spring.” This is due to its natural tendency to absorb and release the energy that normal contact with the road causes. This spring-type elasticity makes them behave much like the heavy springs that make up every car’s suspension system. We simplify this important fact because, unlike those metal coil or leaf springs, your tire does not have what is known as a “fixed spring rate” which is a mathematical formula used in determining its ability to absorb road or driver-induced stress.
This is why, depending on the tire’s physical condition, it may behave like a “good spring.” It helps support your car’s aversion to roll (or lean or yaw when you corner or suddenly change lanes). But your tires can also behave like a “bad spring.” And this can have a significant, sometimes disastrous, effect on the way your vehicle handles. It feels “soft” or “mushy” when you drive normally or react quickly, and can actually encourage your car to roll. “Bad spring” tires can make a vehicle look like its ever-so-slightly crabbing to one side as it drives down the road.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can secure in the event of an accident, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.
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Your Tires are Your Vehicle’s “Shoes” and the First Line of Defense in Preventing Accidents
Tires experience wide temperature variances as they heat and cool when your car accelerates, brakes, or turns corners. A well designed, well-maintained tire can withstand these heat cycles just fine. But where does the heat come from? Have you ever bent a paperclip back and forth until it broke? You probably noticed that at the point where it broke, the metal became noticeably hot. This release of heat is a basic property of physics which states that the natural displacement of any physical energy is heat. This is the basic equivalent to what occurs in your tire, though at much higher rates. The flat spot on the underside of the tire is called the “contact patch:” which actually grips the road. It can be likened to that “hot part” of that paperclip we just mentioned. When your vehicle brakes, accelerates, and maneuvers, tremendous amounts of heat are generated in the contact patch. That heat then spreads very quickly throughout the tire, which is actually designed to displace it.
But then, and very quickly, that heat buildup begins to spread throughout the tire, not only from the contact patch, but the friction of the wheel itself turning. Just think of the heat that is generated in a “burn out” when someone accelerates so hard that smoke comes from the tire. And if that isn’t enough heat, even more is generated inside the tire as those compressed air molecules constantly collide with each other under pressure that is also caused by the weight of the vehicle itself. So, three sources of energy and heat are all being absorbed by your tire: a LOT!
These multiple sources of heat produce tremendous stress on the tire, which is why it is constructed to withstand it, to begin with. But over a period of months or years, these heat cycles will ultimately break down any tire, no matter how well it is constructed. And yet, a common type of defect within a tire is where heat causes rapid or unexpected degradation of the tire’s carcass. This is a huge safety hazard. It also explains the “recommended mile rating” for tires. A tire that has a 40,000-mile rating will begin to physically break down at that point, no matter how well-maintained it is or how safe the driver operates his or her vehicle. So if you are a reasonable driver, and your 50 thousand mile rated tires are showing quicker than normal wear-and-tear at 25 thousand, you might have a problem. And if you ignore that problem, is a tragedy just around the corner? Or did it just happen?
Understanding the properties that govern tire performance is important. A tire’s many characteristics, the many different stresses they are subjected to, how durable they are meant to be, and how defects in the way they are made, mounted or maintained, along with whether the tires you have are the right ones for your car, minivan or pickup, can all directly or indirectly contribute to a serious defective tire rollover accident.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can secure in the event of an accident, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.
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Defective Tire Blowouts Cause Serious Accidents and Often Involve Many Liable Parties
Defective tire accidents often begin as product (or service) liability cases. You, the plaintiff, ideally through the efforts of your tire and rollover accident lawyer must prove negligence by any, or a combination of:
The tire manufacturer.
The auto manufacturer.
Anyone who has serviced your tires: be they the corner garage to a national auto center.
If your attorney’s investigation reveals more than one liable defendant, you’ll have a basket full of insurance companies, adjusters and lawyers coming at you from all directions and all at once. So if you have an experienced defective tire legal mind fighting for you who knows how to juggle a lot of opponents simultaneously and is not be fazed by this mob of opponents, and can keep them off your back, then you are already ahead in the game of winning compensation.
Defective tire blowout accidents often produce the most serious, even catastrophic, injures and tragic fatalities in many of them. And with the possibility of multiple defendants, your attorney must begin investigative action immediately. Physical and forensic evidence must be quickly collected and preserved. We need to know the history of the tires from the moment they came off the production line, how they were serviced and your auto itself. Industry experts on tires, the causes and results of the accidents they produce must be sought-out. All this is done so those who are liable for your accident are properly identified among a large roster of possible defendants. And while your attorneys do this for you, your opponents are doing the very same thing together, for you are their common enemy. And they often jointly mount an aggressive defense against your insurance claim or lawsuit.
The Texas tire defect attorneys at our Law Office have successfully argued many accident cases caused by defective tires and blowouts. We have been down this road many times and know all the steps you must take to counter the tricks your opponents play in their attempts to frustrate and deny your claim. And again, we remind you, what if none of this applies to your vehicle, but the one that hit you and caused your injury, or another’s death? Do you think the insurance companies and their lawyers want you to know this? Of course not: which is why you need an experienced defective tire attorney to investigate this for you.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can secure from your auto injury case, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.
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Damages That Can Be Sought in the Wake of Injury From a Defective Tire (and Rollover) Accident
There are two different types of damages in personal injury cases in the State of Texas. They are general damages and special damages.
Because general damages do not have a tangible value associated with them, they can be subject to a certain amount of interpretation when establishing their value and differ from situation to situation in the way they are calculated. Some, but not all, examples of general damages can include pain and suffering, mental anguish, physical impairment, emotional suffering, injury to your reputation and disfigurement.
To better understand the subjectivity of general damages, imagine two victims of a blowout accident caused by defective tires where the vehicle rolled over and exploded. Both were badly burned. But one plaintiff was unconscious during the explosion. And though he suffered horrible burns, he was not mentally alert to experience the pain as it happened. But the other plaintiff was just as badly burned and fully alert enough to experience the full and terrible agony of his burns as they happened. So even though both of these victims may end up with similar injuries and medical expenses, each experienced a different level of pain and suffering. So it is likely that the monetary damages each victim receives will be different: and the victim who was conscious will receive higher compensation for comparatively more pain and suffering.
Another reason general damages can be subjective is because every person is affected differently by, their injuries. If a 30-year-old beauty contestant has a large scar on her face from a rollover wreck caused by defective tires, she is more apparently affected by her mutilation than a 35-year-old firefighter; and has a right to higher compensation. Some people are not as concerned about their physical appearance as others whose reputations rely more heavily on their looks. The beauty queen’s damage is a more traumatic event in this comparative case, and justifies a higher compensation amount.
The other classification, special damages (also known as economic damages), is any form of damage that has a specific dollar amount. A few examples of special damages include lost wages, past, present, and future medical expenses, property damage, court costs, and the loss of present and future earning capability.
Imagine that same 35-year-old firefighter who made $60,000 a year is no longer able to work after losing a leg in a defective tire rollover accident. He can’t perform the job-related physical tasks that he has done so for many years; and would have been able to perform for many more. This fireman will lose a significant amount of future income he normally would have earned over his remaining 30+ years of expected firefighter employment. Texas law recognizes this and allows him to ask for (in this case) at least $1.2 million in damages due to lost earning capacity, in addition to any other special and general damages that might apply to his case.
But just because that fireman or beauty queen has a right to ask for these significant damages, proving it to a jury, or convincing a multitude of defendants to fairly settle a defective tire rollover accident injury case is not automatic, especially if you do not have the assistance of a defective tire and rollover accident lawyer with our Law Firm.
Your Insured Opponents Work to Deny Your Rightful Damages
Since a lot of money is involved in your personal injury case against the identified defendants from your defective tire rollover accident it is certain that insurance companies will be at the bottom of your opposition. They have a lot of money which they will fight tooth-and-nail to keep. They have excellent lawyers, either on-staff or on-retainer. And these lawyers work with the insurance companies’ adjusters to foil you from collecting reasonable damage for your medical bills, pain and suffering, lost wages, future income if you are disabled and property damage.
This is why you must have an experienced personal injury attorney who specializes in tire defect/rollover accidents: including the capability to mount a thorough investigation and call on whatever expert witnesses are necessary to produce the strongest possible case for you.
With over 30 years of experience fighting the insurance companies, Our Texas defective tire and rollover accident investigative specialists and attorneys meticulously build strong cases that actually encourage insurance companies to reasonably settle your case: which means they (and you) avoid the dubious risk of an expensive trial and you are able to receive the money you are entitled to: money that you need to resume your life and recover from this tragedy as best as you can.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can secure from your auto injury case, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.
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What Survivors Must Consider When a Family Member Dies in a Defective Tire Accident
Our lawyers even more thoroughly appraise every wrongful death case in order to maximize its potential value when filing a claim on behalf of surviving family members. Any good personal injury or wrongful death attorney has this refined ability to properly identify and calculate all the damages that a client is entitled to.
Your family’s lawyer must win the highest fair compensation to you – the family of the deceased – and prevent future similar accidents by bringing charges against all negligent parties. Under Texas civil law, defendants who are not held legally accountable for a death under criminal law, can still be held fiscally accountable for deaths they may have caused through a civil lawsuit for damages. Occasionally, our investigations into a tire-related wrongful death lawsuit arising from defective tires might reveal evidence that proves the death was the result of an intentional act. When that happens we hand that information over to district attorneys if they wish to pursue criminal charges against the perpetrators.
Surviving family members in wrongful death lawsuits can win the same types of damages we have already outlined for accident victims who do not die for not only traditional injury damages but also wrongful death damages owed the surviving family members who lose a loved one in a tragic and needless defective tire accident. Only spouses, children, parents, and, in rare cases, dependent siblings are allowed to seek wrongful death damages in most Texas car accident cases. Damages often include the victim’s medical expenses prior to the death, funeral expenses, loss of future monetary support the deceased victim would have provided to his or her family, compensation for mental and emotional trauma to the family as well as and the emotional loss of the unique familial love that the deceased victim can no longer share with the family.
The closest living relative may purse survival damage compensation, with the spouse typically being the first one who can rightfully claim. If there is no spouse (in most cases ex-spouses cannot file) the right to file for survival damages then passes to the children with the oldest being first. If there are no living children, the next in line are the deceased victim’s parents and finally, fellow siblings.
A wrongful death suit is the only way to bring those who caused the death of your loved one to full civil justice. But it is not unusual for some of the laws governing wrongful death to overlap with other, more general damages. This can at times complicate the issue of appropriate compensation, and is another reason why you need assistance by an experienced defective tire lawyer to win the fair value of the compensation you seek, either through a civil trial or insurance settlement.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can secure from the loss of your loved one, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the loss you have suffered.
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Getting Back on the Road to Recovery after a Vehicle Accident Involving Defective Tires
The first thing you need to understand when it comes to any accident injury, regardless of the circumstances and if you wish to seek legal damages:
Did You Know?
Our Texas Defective Tire attorneys have won thousands of cases. Call us today to discuss your case.
Before you speak with an insurance company, or accept even a single dollar of payment or compensation from anyone, or sign anything, or attempt to file a lawsuit on your own, you must contact a competent lawyer. Failure to do this will irreparably damage your legal position!
We hope you better understand why rollover and tire defect accident cases are so difficult to win. They demand an experienced attorney if you expect any chance of success. They can be very labor-intensive and require hundreds of hours to investigate, negotiate, and if-necessary, favorably litigate in civil court. When your Texas defective tire and rollover accident attorney has the experience and track record to understand each one of every complex element of your defective tire injury claim, your chances of winning significantly increase.
Once you and your lawyer agree that you have suffered significant harm that justifies pursuing a legal claim for damages in an accident involving defective tires, blowouts and/or rollovers, the next step is to determine who caused it. Was there negligence and if so, whose fault is it? Then, once you know who is liable for the accident and its tragic consequences, how do you counter the underhanded and aggressive tactics of the attorneys, insurance companies and their adjusters who wish to deny your rightful compensation? They work together to deny their clients’ responsibility. And since defective tire accidents can involve many potentially liable parties who owe you fair compensation, you can appreciate your need for an experienced defective tire lawyer to champion your cause.
For over 30 years our Law Firm has helped many victims, and their families, of a defective tire, or a blowout or rollover accident. If you or a loved one has suffered from such an accident, it is best for you to call us today for a free consultation with our team of experienced accident injury lawyers who are adept at representing victims of wrecks caused by defective tires and blowouts. We can answer any of your questions about the specific details of your case and help you on the road to recovery.
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Did a Tire Blowout injure You or Your Family in a Rollover Auto Accident?
When a tire blowout accident occurs (or if a blowout results in a rollover accident to a passenger vehicle), it is more than possible that victims who suffered injuries have the right to seek compensation for their injuries, pain, suffering, and other accident-related damages. That is why it is essential for you to know a few things as you carefully reflect on whether or not to seek compensation for damages and injuries. Because of the negligence of another is the root cause of this disaster, compensation by those liable parties for your damages is not only appropriate, it’s a necessity.
With over 30 years experience dealing with tire blowout and rollover accident cases, the attorneys at our Texas Law Offices can certainly help you navigate the hazards ahead regarding the complex legal process of filing, and winning a fair damage amount for your injuries, pain, suffering and the many other legal damages owed to you by such negligence.
One of the most vital elements of a vehicle’s safety is the tires. If your moving vehicle isn’t safely in contact with the road, many things can happen: most of them bad. If a blowout suddenly happens, especially if you are traveling at high speeds, it can be catastrophic for you and all your passengers: possibly even fatal. But blowouts also endanger the people and the property that are nearby when such horrific accidents occur.
There are quite a few different types of motor vehicle-related accidents. And liability cases that apply to them are all different. Such is the case in a blowout/rollover. Blowout wrecks usually display a different, usually more violent, series of characteristics not found in most other accidents. Tire blowout mishaps, and the rollover injuries they often cause, tend to be quite gruesome. And part of the complication, past greater and more terrifying injuries wrought from such wrecks is the distinct fact that there might be many different contributors to them. By definition, this means there may be a LOT of liable defendants for the injuries to the occupants and physical damage resulting from them So your ability to find and retain the right rollover accident lawyer who understands all of these diverse, subtle causes, and how they paint the picture of total liability to injuries that can be some of the worst a human can experience in a vehicle, is the only way for you to recover fair compensation through a civil action against these negligently responsible defendants.
A dramatic increase in damage and injury is common in tire blowout and rollover accidents when compared to many other auto accidents. Cars can quickly become airborne and hurtle toward buildings, highway support beams, over guardrails headed for 30-foot free-falls or plow into other cars with the impact of a howitzer shell. Very serious and unbelievably gruesome injuries are associated with them. Even a larger percentage of deaths can arise from a blowout/rollover accident than you might find in any other kind of vehicle accident, with the possible exception of those involving 18-wheelers or other large commercial trucks.
But it is also not uncommon to find lower insurance payouts to those who file insurance claims for blowout/rollover accidents – at least in proportion to the injuries and damages that occur. Nor is it uncommon to find many denied claims by the involved insurers, which means the numbers of claims that are litigated are higher than normal due to these arbitrary denials. These are but a few of the factors can illustrate why you must quickly engage an experienced accident liability lawyer if you are injured in a tire blowout accident or the rollovers they cause.
Because there are so many discrete factors in a blowout/rollover accident, and because of the complications of claiming and proving fair damages, these accident injury cases can be extremely difficult to successfully settle, or adjudicate in your favor without a skilled Texas defective tire attorney at your side.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can secure from your auto accident or injury case, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.
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More Reasons Why Tire/Rollover Accidents Can be Very Different From Other Wrecks
One outstanding difference between a blown tire auto accident and the more traditional types is that the number of responsible defendants is usually higher; especially if an immediate primary cause continues to elude investigators. Granted, they may be looking at a blown tire. But how did it get that way? And in accidents where the rollover is due to a tire defect or some other explainable malfunction, it is possible that manufacturers might have to bear some liability. But it is also equally conceivable that the tires’ inability to perform properly was caused by any number, or a combination of, additional reasons such as:
The tire may not have been correctly installed or mounted when it was purchased new, or might have been the object of improper maintenance by an auto service company.
The tires may not have been maintained properly by professionals at, for example, a full-service gas station (yes, there are some still around).
The tire in-use may not have been suitable for your vehicle’s specifications, in which case your auto manufacturer or the retailer who sold and installed your tires must share some (or all?) of the blame.
Or several other subtle factors not listed above may have been present. And because a plethora of liability factors must each be weighed, and possibly attributed to a different party, a very thorough investigation of all events that contributed to a tire’s failure which caused your serious blowout- rollover wreck must be stringently probed.
Did You Know?
Our Texas car accident attorneys have won thousands of cases. Call us today to discuss your case.
The famous Firestone Tire rollover accidents on Ford Explorers are a classic example of shared responsibility. In the beginning it was not known that several contributing factors responsible for that rash of blowout accidents that produced many rollovers, a lot of property damage and injuries, as well as some deaths. The initial suspect was the tires alone. Then it shifted to the automaker. But after a lot of random speculation and finger-pointing, it was ultimately learned that there was no single reason for this higher-than-normal number of wrecks. Rather, the gaggle of experts pointed to a combination of liability factors involving Firestone tires, incorrect tire specifications by Ford, and some aftermarket service practices on the part of auto centers all led to incorrect maintenance (and in some cases, the wrong inflation specifications) as having played prominent roles in most of these mishaps involving Firestone Tires and Ford Explorers.
This shows why any of the often many companies that have a part in the design, selection, installation, manufacture, and maintenance of a tire that caused your accident may be forced to bear some liability for your injuries.
Thorough investigations can reveal a bevy of reasons that point to the vehicle’s manufacturer’s liability. Some of the reasons listed below were found to be Ford’s portion of blame in the above mentioned Firestone/Explorer investigations.
But the entire list of possible manufacturer liability for blowout/rollover accidents involves:
The vehicle’s suspension design, relative to roll resistance in both the static (empty) and loaded state which may have contributed to the blowout, rollover accident.
The vehicle’s crashworthiness in a rollover accident may come into play. Some are more durable and protect their passengers better than others.
And what about the seat belts? Did they operate as-designed to protect the vehicle’s occupants? And did the airbags – if the vehicle has them – operate the way they were supposed to?
How well does any supplementary safety equipment protect the vehicle’s passengers in the event of a rollover?
…and a host of other dynamics that may come into play once a thorough investigation of your rollover accident is complete.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can secure from your auto accident or injury case, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.
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Tires Are Supposed to be Durable: But That Doesn’t Always End up Being the Case
Let’s face it. We NEVER think about our tires: until we need them, or when they fail.
Few understand how complex today’s vehicle tire is. Many see it as little more than something that touches the road and think nothing more about a tire. It seems to be such a simple device that we rarely consider that it is actually a very sophisticated thing in both its function and the way it is constructed. Tires must absorb a lot of stress that includes extreme heat and cold, brutal road conditions, and just as often, sudden extreme driving conditions like sudden starts; stops and abruptly violent maneuvers by the driver in order to avoid sudden encounters with many hazards found on today’s roads and highways. We all assume they will work: and that’s that. No worries; Right? Not so fast there.
Tires are composed of a wide variety of materials that are fused-together through an involved heat treatment process known as vulcanization. And the vulcanization process itself has undergone many changes since it was invented not long after the Civil War. So in addition to their complex material makeup, molecular structure, and construction process, a lot goes on into the design and manufacture of your tires, much more than you might ever comprehend.
Consider the fate of the lowly tire for a moment as you drive around the pot-holed streets and highways, or when you must make a sudden, violent swerve to avoid an obstacle, or have to stop on a dime to avoid rear-ending the driver in front of you who also suddenly stops-short: and what about that nail or screw in the road that your tire picks up that you know nothing about? There are times when a tire is a blowout time-bomb just waiting to go off. Life for a tire is filled with daily hazards, even if it is a marvelous and very durable invention that you trust without thinking; because you assume it was manufactured and serviced correctly.
Those who build and service cars and trucks for a living will tell you that the tire is designed to perform as your car’s “fifth suspension spring.” This is due to its natural tendency to absorb and release energy. This spring-type elasticity makes tires behave much like the four heavy springs that are elemental to your car’s suspension system. And though we don’t want to appear too technical, we share this important fact because, unlike the metal coil or leaf springs that are part of your vehicle’s traditional suspension system, your tire does not have what is known as a “fixed spring rate” which is a mathematical factor used in determining its ability to absorb road or driver-induced stress. Sometimes it’s great; occasionally greater than the designers might have envisioned, which is certainly good.
This is why, depending on the tire’s physical condition, it may behave like a “good spring” (or very good spring). It keeps your car from swaying (in other words, to lean or yaw when you corner or suddenly change lanes). But your tires can also behave like a “bad spring.” And this can have a significant, sometimes disastrous, impact on the way your vehicle handles. It feels “soft” or “mushy” when you handle it or react quickly, and can actually encourage your car to roll over if great lateral forces suddenly push it to one side or the other.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can secure from your auto accident or injury case, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.
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Think of Your Tires as Your Vehicles Shoes
And here’s another factor to consider. The weight of your car or truck on the tire presses its’ surface into a flat spot where it comes into contact with the road. This area where “the rubber meets the road” is known as the “contact patch.” As the round shape of the tire is bent in response to the road surface, the contact portion of the tire becomes compressed into a flat one. This compression produces energy that is released in the form of heat on the tire’s surface. Anyone who understands simple physics knows that whenever energy is released due to any sort of physical activity, it produces heat: sometimes a lot of it.
This tire compression’s heat combines with the additional heat that is generated inside your tire itself, which is another source of friction that is caused by compression of the air itself under the weight of the vehicle as it rolls. So the combined heat generated by a rolling tire and the weight it must bear as your vehicle moves, forces a drastic change, and increased stress on your tire’s mostly rubber structure. This stress is bad enough during the winter. But in summer, it’s brutal. Some hot August afternoon after you’ve parked your car after driving it for several hours straight, touch one of your tires. This heat can be as high as 400 degrees Fahrenheit. We guarantee your hand won’t be there for longer than a nanosecond. You could literally fry an egg on the surface of your tire.
We’ve taken the time to explain the properties that govern tire performance because it’s important for you to understand a tire’s many characteristics, the many different stresses they are subjected to, how durable they are meant to be, and how defects in the way they are made, mounted or maintained, along with whether the tires you have are the right ones for your car, minivan or pickup, can all directly or indirectly contribute to a serious blowout or rollover accident. No wonder there are so many different explanations for why a tire suffers a blowout, and why there can be so many defendants if yours did blow and injured you or your family, or killed a loved one.
When thinking about all of these different elements and considering that the contact patches on four tires are little more than four cubic feet, you can better-appreciate just how crucial the tire is in terms of safe handling. So in addition to tire durability, it is also the job of your car’s manufacturer to perform the right calculations to determine the best tire for each vehicle. And sometimes the manufacturer or the store that sold you the tires simply makes the wrong choice. Maybe such a mistake was made to yours.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can secure from your auto accident or injury case, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.
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Rollover Accidents Are Complicated and Often Involve Many Liable Parties
Most of the time tire rollover accidents begin as product liability cases. And the foundation for any successful product liability case involves the plaintiff (you with the assistance of your Texas defective tire accident lawyer} being able to prove negligence by any, or a combination of, the tire manufacturer, the auto manufacturer, or anyone who has serviced your tires, be it the corner garage or a national auto center chain. And because the defendant’s table is likely to become quite crowded with many liable parties, you must have the most experienced legal minds in your corner.
We also have mentioned that rollover accidents caused by a tire blowing-out often produce the most serious, even catastrophic, injures and tragic fatalities in all too many cases. The stakes are extremely high when so many parties and contributing factors to the blowout meet under the emotional circumstances surrounding an insurance claim or civil suit. And things can quickly get extremely contentious and stressful.
Once retained, your experienced law firm must spring into investigative action immediately. Evidence must be quickly collected and preserved. Thorough research must be undertaken into the history of your tires, how they were serviced, and your auto itself. Industry experts on tires, rollover accidents, and any other conceivable facets that may have caused your accident must be sought-out. Forms must be filled out. Motions must be filed, and considered by the court. And all this is done so those who are liable for your accident are correctly identified among the many possible culprits. And don’t forget the asset checks in order to determine who is solvent.
And while your attorneys and staff members are doing this for you, your opponents are doing the same thing. Because you are their common enemy, they often compare notes on what they find so they can jointly mount an aggressive defense against your insurance claim or lawsuit.
Our rollover accident lawyers have successfully argued many blowout and rollover accident cases. We have been down this road many times and know all the steps to take to counter the tricks your opponents play in their attempts to frustrate and deny your claim.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can secure from your auto accident or injury case, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.
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The Damages you May Seek After Injury or Wrongful Death From a Rollover Accident Involving Defective Tires
The State of Texas allows plaintiffs to seek two distinct types of damages in a personal injury case. They are general damages and special damages.
Because general damages do not have a tangible value associated with them, this makes them subject to not only interpretation, but possible scrutiny by both defense attorneys and the court. They can differ from situation to situation in the way they are calculated. Some, but not all, examples of general damages can include pain and suffering, mental anguish, physical impairment, emotional suffering, injury to your reputation, and disfigurement.
To better understand the subjectivity of general damages, imagine that two victims are in a blowout accident where the vehicle rolled over and exploded. Both were badly burned. But one plaintiff was unconscious during the explosion. And though he suffered horrible burns, in his unconscious state he was not able to experience the pain as it happened. But the other plaintiff was just as badly burned and fully alert-enough to experience the full and terrible agony of being burned. So even though both of these victims ended up with similar injuries and medical expenses, each experienced a different level of pain and suffering. So it is quite likely that the monetary damages each victim is entitled to for pain and suffering would be different.
Another reason general damages can be subjective is because every person experiences, and is affected differently by, their injuries. Let’s say a 30-year-old beauty contestant has a scar on her face once her treatment of blowout accident injuries is completed. She is certainly more apparently injured by her disfigurement than, for example, a 35-year-old firefighter and has a right to higher compensation. Some people are not as concerned about their physical appearance, while others depend more heavily on their reputation or appearance. And sometimes that makes the damage to that person’s reputation a more traumatic event; and therefore justifies more significant compensation.
The other classification, special damages (also known as economic damages) is any form of damage that has an explicit dollar amount. A few examples of special damages include lost wages, past, present, and future medical expenses, property damage, court costs, and the loss of present and future earning capability. Special damages tend to be more objective and easier to calculate
Imagine that a 35-year-old plaintiff, who worked as a lineman for the electric company and made $60,000 a year, is no longer able to work after losing a leg in a blowout rollover accident. He can no longer climb electrical poles or do other job-related physical tasks that he has years of experience doing. He will lose a significant amount of future income he normally would have earned over his remaining 30+ remaining years of expected employment as a lineman. So Texas law allows him to ask for at least $1.2 million in damages (30 years times $60,000) due to lost earning capacity, in addition to any other special and general damages that might apply to his case.
But just because that lineman or beauty queen has a right to ask for these significant damages, proving it in court, or convincing a multitude of defendants and their insurance companies and attorneys to fairly settle a blowout or rollover accident injury case is far from guaranteed, especially if you do not have the assistance of a rollover accident lawyer with our Law Firm.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can secure from your auto accident or injury case, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.
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What Survivors Must Consider When a Family Member is Killed in a Blowout/Rollover Vehicle Accident
An essential trait found in a good personal injury or wrongful death attorney is a refined ability to properly account for, and calculate ALL of the damages that a civil litigant is entitled to. Our lawyers thoroughly appraise every case in order to maximize its potential value in filing a wrongful death claim on behalf of surviving family members after the wrongful negligence-related death of a loved one.
Two primary goals lie at the heart of such lawsuits. The plaintiff’s lawyer must secure adequate financial compensation to the family of the deceased and prevent such future accidents by bringing charges against all negligent parties. Under Texas civil law, defendants who are not held legally accountable for a death under criminal law can be held fiscally accountable for deaths they may have caused through a civil lawsuit for damages.
Sometimes, when investigating to establish grounds for a civil lawsuit to resolve a wrongful death, our lawyers might find evidence that proves the death was the result of an intentional act, and we are able to assist district attorneys in pursuing criminal charges against the perpetrators. Aside from that, the monetary damages we secure further prevent the responsible parties from repeating their negligent, and sometimes reckless, behavior. And if criminal charges are brought against negligent parties in connection with your deceased family member’s blowout/rollover accident, even if a guilty verdict is not rendered in the criminal case, the very fact that charges were filed tends to strengthen the position of any subsequent civil actions against those same defendants.
Surviving family members in wrongful death lawsuits can win the same types of damages we have already outlined for accident victims who do not die. But these traditional injury damages can be awarded in addition to supplementary wrongful death damages that are rightfully due to the surviving family members whose loved one dies in a blowout or rollover accident: such as pain and suffering by the deceased family member as well as that suffered by the surviving family members.
In Texas, only spouses, children, parents, and, in rare cases, dependent siblings are allowed to seek wrongful death damages in most car accident cases. These damages may include the victim’s medical expenses prior to the death, funeral expenses, loss of future monetary support the deceased victim would have provided to his or her family, compensation for mental and emotional trauma as well as the emotional loss of the unique familial love that the deceased victim’s family will no longer receive.
The closest living relative may purse survival damage compensation, with the spouse typically being the first one who can rightfully claim such damages. If there is no spouse (in most cases ex-spouses cannot file) the right to file for survival damages then passes to the oldest child (oldest first). If there are no living children, the next in line are the deceased victim’s parents and finally, fellow siblings.
A wrongful death suit is the only way to bring those who caused the death of your loved one to full civil justice. But it is not unusual for some of the laws governing wrongful death to overlap with other, more general damages, making the issue of appropriate compensation quite complicated at times. This is why you need assistance by an experienced rollover accident attorney to win the fair compensation you seek, be it through a settlement or a civil trial.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can secure from your loss, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the loss you have suffered.
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Getting Your Life Back After a Blowout/Rollover Vehicle Accident
Tire defect accident cases are difficult to assign liability in order to win. They demand an experienced attorney in order to offer any chance of success. They can be very labor-intensive and require hundreds of hours to investigate, negotiate and if necessary, litigate in your favor. When your attorney has the necessary experience and proven track record to understand every one of the complex elements that come into play and how they relate to each other, your chances significantly increase that you will win your case.
If you have been in such an accident, you need to contact an attorney who can give you the best results possible. Our rollover accident lawyers suggest that you speak with two or three before choosing the one to handle your case. Ask him about their experience in handling cases similar to yours. Make sure to discuss their record in litigating and settling blowout and rollover vehicle accident cases. Also ask the attorney to provide you with the name and contact information of a former client or two with cases similar to yours. And then call them. Do not hire the attorney unless you trust him or her and are confident in their ability to handle your case in the same manner as you would if you were an attorney.
They should be prepared to provide services that we do, which include:
Ensure that our clients receive the medical care they require in order to recover from their injuries.
Conduct an in-depth investigation to determine the cause of the car accident. This includes asset checks of all defendants to make certain they can pay damages.
Gather evidence, including witness statements, photographs, forensic tests, and police reports that we will need in order to prove your claims.
Respond to and send discovery requests.
Manage ALL the paperwork, filings, responses and all phone calls related to your claims.
Use our stellar reputation to pressure the defendants into a fair settlement.
Act as mediators for our clients’ cases.
File lawsuits and argue them aggressively to prove your damage case in front of a jury.
Fairly and accurately calculate all damages resulting from the car accident and demand fair compensation for you.
Once you and your lawyer agree that you have suffered significant harm that justifies pursuing a legal claim for damages in a tire blowout and rollover accident, the next step is to determine who caused it. Was there negligence and if so, who was at fault? And once you know who is liable for the wreck, how do you counter the underhanded and aggressive tactics of the attorneys, insurance companies and their adjusters who wish to deny your rightful compensation? Their lawyers will do everything to deny their clients’ responsibility for the damages and injuries to you, your family, or even the death of a beloved spouse or child. And since, as you now know, blowout/rollover accidents can involve many potential liable parties who owe you fair compensation, you can appreciate this “stacked deck” against you and your need for an experienced local rollover accident attorney to champion your cause.
For over 30 years our Law Firm has helped many victims, and their families, of a tire blowout and rollover accidents. If you or a loved one has suffered from such an accident, it is best for you to call us today for a free consultation with our team of experienced tire blow out and rollover accident injury lawyers.
If you have been injured, then call a specialized rollover accident attorney with our Law Firm and find out how we can help. We can answer any of your questions about the specific details of your case and help get you back on the road to recovery.
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Our Texas Defective Tire Attorneys Fight for Your Accident Injury Damage Compensation
It’s a little known fact that tires are a primary cause of many passenger vehicle accidents, especially those involving rollovers, which lead to the victims suffering serious injuries. Many times, even with NHTSA-rated safer vehicles, those injuries can be catastrophic and produce many wrongful deaths. These injured drivers and passengers often have the right to seek fair compensation if negligence is proven to have had a hand in causing the tire blowout/rollover accident.
When you or a loved one is seriously injured in a defective tire blowout or rollover accident, you must be aware of several issues that will impact your quest for compensation for the injuries and damages you have suffered.
A most vital element to a vehicle’s safety is the tires. And if your vehicle isn’t firmly in contact with the road, many things can happen, and none of them are good. If a blowout suddenly happens, especially if you are traveling at high speeds, it can be a catastrophe for you the driver, and all your passengers. But accidents due to defective tires and blowouts also endanger the people and the property that are nearby when such unforeseen and tragic wrecks suddenly occur.
There are many types of vehicle-related accidents. And how liability cases are applied to them can vary greatly. Because of that, defective tire wrecks usually display a unique series of characteristics not found in most other vehicle accidents. And the injuries and damages are often much more serious than many traditional vehicle accidents. Tire mishaps, and the rollovers they often cause, tend to be quite complicated because there might be a variety of contributing factors to them and just as many sources of liability for the injuries to the occupants and physical damage they cause. So your ability to find and retain the right defective tire lawyer who understands all of these subtle elements and how they relate to each other is the only way for you to recover fair compensation through an insurance claim or civil action against the responsible defendants.
A dramatic increase in damage and injury are common in blowout accidents caused by defective tires. Very serious and even gruesome injuries are associated with them. Even a larger percentage of deaths can arise from a defective tire rollover accident than you might find in just about any other kind of vehicle accident, with the possible exception of those involving 18-wheelers.
Nor is it uncommon to find lower damage awards to those who represent themselves and file insurance claims for defective tires and blowout accidents, relative to the injuries and damages that occur. And it is not unusual to find a great many denied claims by the involved insurance companies. These factors clearly illustrate why you must quickly engage an experienced accident injury lawyer if you are injured in a defective tire accident or the rollovers they cause.
And since there are so many discrete factors when it comes to defective tires and blowouts, and because of the complications of claiming and proving fair damages, these accident injury cases are very tricky to successfully settle, or adjudicate in your favor without a skilled defective tire personal injury attorney to represent you.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can secure from your auto injury case, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.
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What Makes Rollover & Tire Defect Accidents so Different From Other Accidents?
One big difference between a blown tire auto accident and the more traditional types is that the number of responsible defendants can be higher. In serious wrecks where the rollover is due to a tire defect or some other explainable tire malfunction, the manufacturers of the tires might need to bear some liability through a defective product lawsuit. And it is quite conceivable that the tires’ inability to perform properly was caused by any number, or a combination of, additional reasons such as:
The tire may not have been correctly installed or mounted when it was purchased.
The tires may not have been maintained properly by professional tire technicians during routine maintenance at a dealer or some other vehicle service company.
The tire may not have been suitable for your vehicle’s specifications, in which case your auto manufacturer or the retailer who sold and installed your tires might share some, or all, of the blame.
And there are several other factors not listed above may have been involved in your defective tire accident. And because each of a large number of factors must each be weighed, and possibly attributed to a different party that is only revealed after-the-fact, a very thorough investigation of all events that contributed to a tire’s failure which caused your rollover accident must be rigorously conducted.
The well-known Firestone rollover accidents on Ford Explorers years ago focused on several factors that were suspected for that rash of accidents that caused many rollovers, a great deal of property damage, many serious injuries, and some deaths. In spite of what was initially reported in the media, it was ultimately discovered that there was no single reason for this higher-than-normal number of wrecks. Instead, investigations pointed to a combination of liability factors involving Firestone tires, incorrect tire specifications by the Ford Motor Company that resulted in mismatched tires being mounted on Ford Explorers, and even some aftermarket service practices on the part of auto centers that led to incorrect maintenance (and in some cases, the wrong inflation specifications). The final conclusions pointed to all of these factors as having played roles in most of these unfortunate events. And it also reinforced the notion that accidents involving defective tires are very difficult to investigate, and then prove in court, which liable parties owe the accident victims legal damages.
This shows why any one (or several) from a host of possible defendants that have a part in the design, selection, installation, manufacture and maintenance of a tire that caused your accident may be forced to bear some liability for your injuries.
Thorough investigations reveal all of the true reasons that point to the vehicle’s manufacturer’s liability. Some (but not all) of the reasons listed below were found to be Ford’s portion of blame in the above mentioned Firestone/Explorer investigations, while other factors were attributed to other liable sources in the “tire aftermarket chain.” But the entire list of possible manufacturer liability for defective tire accidents involves:
The vehicle’s suspension design, relative to roll resistance in both the static (empty) and loaded state which may have contributed to the blowout, rollover accident.
The vehicle’s crashworthiness in a defective tire rollover accident. Some are more durable and protect their passengers better than others.
And what about the seat belts? Did they operate as-designed to protect everyone in the vehicle? And did the airbags, if the auto has them, operate the way they were supposed to?
How well does any supplementary safety equipment protect the vehicle’s passengers in a defective tire accident?
A host of other factors may come into play in your insurance claim or civil case once a thorough investigation of your rollover accident is completed by your defective tire/rollover accident attorney.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can secure from your accident or auto injury case, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.
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We trust the Durability of our Tires: Even if Sometimes That Trust is Misplaced
We tend to take our tires for granted; that is, until we need them, or when they fail.
Few people really appreciate how complex today’s tires are. Many see them as little more than something that touches the road and think nothing more about it. And though a tire might appear to be a simple piece of a car’s equipment that we rarely think about, they are actually very sophisticated in both their function and the way they are created. Tires must absorb a lot of stress such as extreme heat and cold, sometimes brutal road conditions and very often, unexpected and extreme driving demands like sudden starts, stops and abrupt maneuvers by drivers when they must abruptly react in order to avoid the many hazards found on today’s roads and highways: not to mention the occasional nail that finds its way into your tires’ tread, which if left unrepaired, can be a disaster waiting to happen to you and your family.
Tires are composed of a wide variety of durable materials that are literally “melted” together through vulcanization, a very complicated heat fusion process. Aside from their complex material makeup, molecular structure and construction process, a lot of time and thought goes on into the design and manufacture of your tires, much more than you might think. And if that design is to be maintained for the life of your tire, it must be inspected and serviced regularly; past the simple task of regularly checking the air pressure.
Consider the life of the lowly, unappreciated tire for a moment. Think about your tires when you must make a sudden, violent swerve to avoid an obstacle or have to stop on a dime to avoid rear-ending the driver in front of you who also suddenly stops short. And let’s not forget the many metal hazards in the road that become embedded in your tire without your knowledge, or cut deep gashes in the tread, often without your knowledge as you continue down the road. How often do you take time to regularly inspect your tires? But even with the daily hazards, they must deal with, tires are marvelous and very durable inventions that most of the time are designed, manufactured and serviced properly.
Those who build and service motor vehicles for a living will tell you that the tire is designed to perform as your car’s “fifth spring.” This is due to its natural tendency to absorb and release the energy that normal contact with the road, and its many hazards, causes. This spring-type elasticity makes tires behave much like the four heavy springs that are make up your car’s suspension system. And though we don’t want to get too technical with our explanation, we share this important fact because, unlike the metal coil or leaf springs that are part of your vehicle’s traditional suspension system, your tire does not have what is known as a “fixed spring rate” which is a mathematical factor used in determining its ability to absorb road or driver-induced stress that is used in evaluating auto suspension systems.
This is why, depending on the tire’s physical condition, it may behave like a “good spring.” It helps reinforce your car’s aversion to roll (or lean or yaw when you corner or suddenly change lanes). But your tires, if they are worn, or defective or improperly serviced, can also behave like a “bad spring.” And this can have a significant, sometimes disastrous, impact on the way your vehicle handles. It feels “soft” or “mushy” when you handle it or react quickly. It can even encourage your car to roll or “drift.” “Bad spring” tires can make a vehicle look like its slightly crabbing as it drives down the road. And this is certainly not good.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can secure from your auto injury case, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.
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Did Your Vehicle’s “Shoes,” (Your Tires) Cause Your Rollover Accident?
The weight of your car or truck on the tire presses its’ surface into a flat spot when it comes in contact with the road. This area where “the rubber meets the road” is known as the “contact patch.” As the round shape of the tire bends in response to the road surface, the contact patch becomes compressed. This compression produces energy that is released in the form of heat on the tire’s surface. A rule of simple physics states that whenever energy is released due to any sort of physical activity, it produces heat. With tires, that heat can be very high.
This rolling tire compression’s heat combines with even more heat that is generated inside your tire, which is another source of friction that is caused by compression of the air inside the tire itself under the weight of the vehicle as the tire rolls over the road. So the combined heat generated by a rolling tire and the weight it must bear as your vehicle moves, forces a drastic change, and increased stress on your tire’s rubber outer structure. This combined stress is bad enough during the winter. But in summer, the typical Texas heat can make a tire’s surface absolutely brutal. Some hot summer afternoon after you’ve driven your car for a few of hours and then park it, touch one of your tires. Its surface heat can be as high as 400 degrees Fahrenheit. You could fry an egg on the surface of your tires. We guarantee your hand won’t be there for longer than a nanosecond.
Understanding the properties that govern tire performance is important. A tire’s many characteristics, the numerous different stresses they are subjected to, how durable they are meant to be, and how defects in the way they are made, mounted or maintained, along with whether the tires you have are the right ones for your car, minivan or pickup, all directly or indirectly contribute to a serious defective tire rollover accident.
When thinking about all of these different elements and considering that the contact patches on four tires are little more than three or four cubic feet, you can better-appreciate just how crucial the tire is in terms of safe handling and supporting a two, three or four thousand pound auto. So in addition to tire durability, it is also the job of your car’s manufacturer to perform the right calculations to determine the best tire for each vehicle. And sometimes the manufacturer or the store that sold you the tires simply makes the wrong choice. Maybe such a mistake was made to yours. Sometimes in a tire retailer’s effort to give you a price you will accept, they might sell you the wrong tire must just to make the sale.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can secure from your auto injury case, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.
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Defective Tires and Blowouts Cause Serious Accidents Can Often Involve Many Liable Parties
Tire rollover accidents usually start out as product liability cases where the plaintiff you, along with your rollover accident injury lawyer, must prove negligence by any, or a combination of, the tire manufacturer, the auto manufacturer, or anyone who has serviced your tires, from the corner garage to a national auto center chain. And because there could be a lot of defendants, that translates into a lot of obstacles and many opponents (along with their own interests) that stand in your way to just damage compensation. It’s also a very clear reason why you must have the most experienced legal minds in your corner. Because your defective tire lawyer must know how to juggle a lot of balls and not drop a single one.
We also have mentioned that accidents caused by a defective tire blowing-out often produce the most serious, even catastrophic, injures, and tragic fatalities in many cases. So not only is any civil action against multiple defendants (and their insurance companies) complicated, it can get extremely expensive when it comes to ultimate damages awarded by a jury. The stakes are extremely high when so many parties and contributing factors to the defective tire meet under the emotional circumstances surrounding an insurance claim or civil suit. Things can quickly get quite “chippy” and very stressful.
Once your experienced lawyer is retained, he must spring into action immediately with an investigation. Evidence must be quickly collected and preserved. Thorough research must be researched into the history of your tires, how they were designed, sold, and serviced as well as your vehicle itself. Industry experts on tires, rollover accidents, and any other conceivable facet that may have caused your accident must be found. Reams of legal forms must be filled out. Motions must be filed, and considered by the court. All this is done so those who are liable for your accident are properly identified from what can initially be a large number of possible culprits. And all defendants must have their assets (and insurance coverage) confirmed so you’ll know you can be compensated by solvent defendants. After all, what’s the point of suing someone who cannot afford to pay you?
And while your attorneys do this work for your case, our opponents, their insurance carriers and their lawyers are doing the very same thing. For you are their common enemy. So they often will mount a coordinated and very aggressive defense against your insurance claim or lawsuit. And there’s one other thing about multiple defendants. Once we rule them out, it’s not unusual for them to “change sides” and become allies. Strange things can sometimes happen in a lawsuit. Today’s enemy can become tomorrow’s ally.
The local defective tire attorneys at our Texas Law Office have successfully argued many accident cases caused by defective tires and blowouts. We have been down this road many times and know all the steps to take to counter the tricks your opponents play in their attempts to frustrate and deny your claim.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can secure from your auto injury case, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.
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Seeking Damages After Surviving Injury From a Defective Tire (and Rollover) Accident
There are two distinct types of damages in personal injury law: general damages and special damages.
General damages do not have a tangible value associated with them, which makes them subject to a great deal of interpretation when calculated. They can also differ from case to case. Most examples of general damages can include pain and suffering, mental anguish, physical impairment, emotional suffering, injury to your reputation and disfigurement.
To better understand the subjectivity of general damages, imagine that two victims are in a blowout accident caused by defective tires. They were trapped in the vehicle when it exploded and were badly burned. One plaintiff was unconscious during the explosion. And though he suffered horrible burns, unconsciousness allowed him to not have to suffer even worse pain as it happened. But the other was just as badly burned and fully conscious to experience all the terrible agony. It can be effectively argue that even though both of these victims ended up with virtually identical injuries and medical expenses, the conscious plaintiff suffered more pain and suffering and can rightly ask for greater pain and suffering damages.
Another reason general damages can be subjective is that every person experiences and is affected differently by their injuries. Let’s say a 30-year-old beauty queen has a scar on her face from a defective tire rollover wreck. She is certainly more apparently injured by her disfigurement than a 35-year-old firefighter. In the eyes of the law, if she is represented by a compelling attorney’s arguments; she can anticipate higher compensation. Some people are not as concerned about their physical appearance, while others depend more heavily on it. And sometimes that makes the damage to that attractive person’s reputation a more traumatic event and justifies more significant compensation.
Special damages (also known as economic damages) is any form of damage that has an explicit dollar amount. A few examples of special damages include lost wages, past, present, and future medical expenses, property damage, court costs, and the loss of present and future earning capability.
Imagine that a 35-year-old plaintiff who worked as an electrician or lineman and made $60,000 a year is no longer able to work after losing a leg in a grisly defective tire accident. He can no longer climb electrical poles or do other physical tasks necessary for his job that he has years of experience doing. This lineman stands to lose a significant amount of future income he normally would have earned over his remaining 30+ years of expected employment as a lineman. Texas law recognizes this and allows him to ask for at least $1.2 million in damages due to lost earning capacity, in addition to any other special and general damages that might apply to his case.
But again, having an experienced lawyer to make a compelling case for such a damage insurance claim is the lynchpin to a successful personal injury case. Just because that lineman or beauty queen has a right to ask for these significant damages, proving it in court, or convincing a multitude of insurers to fairly settle a defective tire accident injury case is far from guaranteed.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can secure from your auto injury case, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.
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Insurance Opposition and Their Adjusters
Most every opponent will be covered by some sort of private liability business insurance. In league with their insurers, aggressive adjusters and sharp attorneys, they will oppose you to the end of the earth. And they’re a very effective team at denying your right to compensation. The adjusters are the front line and hope to fool you into thinking they’re on your side. And the lawyers are either on-staff or retainer, and wear very expensive suits. Plus, you’re playing their game by their rules on their field. How’s that for an obstacle?
Adjusters bug you at all hours, record your conversations without telling you (bad news), and can never seem to tell you your claim is about to be paid. That’s because it won’t unless you force them by quickly retaining an even sharper vehicle accident injury attorney who knows all the tricks and how to counter them. Do you? One thing, you won’t have to talk to any adjusters because that’s our job. Then they can’t hang you with your own words and use them as their excuse for denial.
And then when your opponents sic their lawyers on you, they’ll return with news that your case has been investigated, is sound, and they should settle, eventually, after a few more trick attempts at us. And we’ve seen those too.
The deal is this. In these kinds of cases, most of the time both sides find a fair figure in the middle. If that figure reflects your true damages, then we settle together. If it’s not, we take your good case to court highly confident that you will get that amount.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can secure from your auto injury case, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.
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Survivors Have Even Greater Rights When a Family Member Dies in a Defective Tire Vehicle Wreck
When a loved one has been killed in a defective tire and/or rollover wreck, two primary objectives lie at the heart of a wrongful death claim or lawsuit. The plaintiff’s lawyer must secure adequate financial compensation to the family of the deceased. The attorney must also work to prevent future similar accidents by bringing civil charges against all negligent parties. Under Texas civil law, defendants who are not held legally accountable for a death under criminal law can still be held fiscally accountable for deaths they may have caused through a civil lawsuit for damages. This is because negligence is not always a crime, unless it is willful, purposeful or malicious.
Surviving family members in wrongful death lawsuits can win the same types of damages we have already outlined for victims in a defective tire accident who do not die. Even more wrongful death damages are rightfully owed the family who’s loved one dies.
In Texas, only spouses, children, parents, and, in rare cases, dependent siblings are allowed to seek wrongful death damages in most wrongful death cases. They include the victim’s medical expenses prior to the death, funeral expenses, loss of future monetary support the deceased loved one would have provided to his or her family, compensation for mental and emotional trauma (to both the deceased victim and surviving family member) as well as and the emotional loss of the unique familial love that the deceased victim’s family will no longer receive.
The closest living relative may purse survival damage compensation, with the spouse typically being the first one who can rightfully claim such damages. If there is no spouse (in most cases ex-spouses cannot file, unless it is in the “name” of a surviving child) the right to independently file for survival damages then passes to the children (oldest first). If there are no living children, the next in line are the deceased victim’s parents and finally, fellow siblings.
A wrongful death suit is the only way to bring those who caused the death of a loved one to full civil justice. But it is not unusual for some of the laws governing wrongful death to overlap with other, more general damages, making the issue of appropriate compensation quite complicated at times. This is why you need assistance by an experienced defective tire lawyer to win the fair value of the compensation you seek, be it through a settlement or civil trial.
But let’s not stop there. Sometimes, when investigating to establish grounds for a civil lawsuit to resolve a wrongful death, our defective tire wrongful death lawyers might find evidence that proves the death was the result of an intentional act. We’ll quickly hand that information over to district attorneys who might then also pursue criminal charges against the perpetrators of the fatal accident.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can secure from the loss of your loved one, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the loss you have suffered.
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Begin Your Road to Recovery after a Vehicle Accident Involving Defective Tires
Just a few hours ago, one of your family members, or more, was involved in a serious vehicle accident. We truly hope all will recover. And we cannot impress on you enough that you are at the foot of a very large legal mountain that you cannot climb yourself. We do hope you have an appreciation of why rollover and tire defect accident cases are so difficult to win; even for experienced accident lawyers like our Law Firms. Take it from us, it is NOT easy. And we do this for a living.
They demand an experienced attorney in order to offer any chance of success. They can involve a lot of legal and investigative time, not to mention settlement negotiations, dealing with adjusters, computing damages, filing motions, replying to motions, and cobbling a successful case; often against many defendants and, if necessary, litigate in your favor. When your attorney has the necessary experience and proven track record to understand every one of the complex elements of your defective tire accident and how they relate to each other, the chances that you will win your case significantly increase.
Once you and your lawyer begin pursuing a legal claim for damages in an accident involving defective tires, blowouts and rollovers, the first step (which needs to begin now) is to investigate to learn who caused it. Was there negligence and if so, whose? Once you know who the defendants you or your loved one’s tragic accident, how do you counter the underhanded and aggressive tactics of the attorneys, the insurance companies and their adjusters who wish to deny your rightful compensation? Those guys will do everything short of breaking the law (most of the time) to deny their clients’ responsibility for the damages and injuries to you, your family, or even the death of a beloved spouse or child. And since, defective tire accidents can involve many potential liable parties who owe you fair compensation, you can appreciate just how “stacked” the deck is against you and your need for an experienced defective tire lawyer to fight for your rights.
For over 30 years our Law Firm has helped many victims, and their families, of a defective tire, or a blowout or rollover accident. If you or a loved one has suffered from such an accident, it is best for you to call us today to arrange a free consultation with one of our experienced accident injury lawyers. We answer all of your questions and explain the ramifications from the specific details of your case. If we agree to work together, we can help you on the road to recovery by relieving you of the vital task of winning the rightful damage compensation you need and give justice and peace of mind to you and your family.
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