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 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 just to make the sale.
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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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, injuries, 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.
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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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 because 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.
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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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.
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.
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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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. Now we do hope you have a better appreciation of why rollover and tire defect accident cases are so difficult to win; even for experienced accident lawyers like our Law Firm. 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 potentially 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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