California Big Rig Tire Blowout Accident
Have you been injured in a big rig accident caused by a tire blowout? A tire “blowout” is the sudden failure of a tire, often due to wear, defect, or underinflation. In a large commercial truck, blowouts happen most often when trucking companies or operators fail to inspect the tires regularly or fail to maintain and replace tires. Regular inspections are required by state or federal law. Failures to inspect or maintain tires may be indicative of negligence. Big rig tire blowouts may also be caused by:
- Overloading of cargo
- Mismatched/wrong size tires
- Unsafe operation for weather conditions.
Hot weather conditions often contribute to tire blowouts, which can cause loss of control of a large truck. If you were involved in a California big rig accident caused by a tire blowout, you may be entitled to significant financial compensation from the trucking company, the big rig driver, or other parties.
Trucking companies are held to a high standard of care in California. However, even if large amounts of insurance are available, recovering fair compensation may not be simple. In tire blowout cases, trucking companies may deny claims and even go so far as to blame victims for their injuries.
The California truck accident lawyers at the Law Offices of Samer Habbas & Associates have recovered millions of dollars for victims of trucking accidents and are not afraid to take on complex or challenging cases. With multiple offices located in Irvine, Los Angeles, El Segundo, San Diego and Riverside, our lawyers represent truck accident victims all across California. For more information or to schedule your free consultation after a collision or crash involving a big rig tire blowout, call 949-727-9300.
Why Hire the Law Offices of Samer Habbas & Associates After a Big Rig Tire Blowout Accident?
Truck accident claims are a unique area of personal injury litigation. Trucking companies may be subject to state or federal regulations, depending on how and where the vehicles travel, and if they cross state lines. Although many personal injury lawyers will accept trucking accident cases, not all attorneys have the experience and skills to properly investigate cases and ultimately recover the maximum damages available. When looking for a big rig accident lawyer in Southern California, choose a legal team who:
- Understands Federal Motor Carrier Safety Administration (FMCSA) driver qualifications, drug testing, insurance requirements, hours of service (HOS), vehicle maintenance, and other relevant regulations, and how the California Highway Patrol helps the FMCSA with enforcement and compliance.
- Understands California Vehicle Code 34505.5 inspection requirements on trucks and trailers (B.I.T. Inspections)
- Has a proven history of case results in trucking accident injury and wrongful death claims
- Works with top investigators, medical specialists, and expert witnesses
- Will not hesitate to take your case to trial, if a fair settlement is not offered.
The Law Offices of Samer Habbas & Associates is serious about advocating for trucking accident victims. We often receive referrals from other attorneys for trucking accident cases, including big rig tire blowout accidents.
Tire Tread Debris/Gator Big Rig Accidents
If you’ve driven on any highway, chances are you have seen thick chunks of black rubber on the side shoulders of the roadway. These pieces of tire are often called road gators because they slightly resemble the back of an alligator. Failed tires often become dangerous debris – causing a serious hazard for motorists or motorcyclists. According to the Columbus Dispatch, late summer is peak season for road gators.
If you’ve been injured in a big rig tire blowout accident, or from tire debris coming off a known big rig, you may be entitled to compensation for your injuries, including:
- Emergency care treatment
- Prescription drug expenses
- Lost earnings
- Temporary or permanent disability
- Pain and suffering.
Insurance claims involving road debris can be challenging. If you swerved to avoid debris but struck another vehicle, you may be blamed for hitting another vehicle. If tire tread flew off a vehicle and struck you, the truck driver, trucking company, or other parties may be liable.
Who is Liable for a Truck Accident?
In some cases, it may be obvious how a truck accident occurred, and who was responsible. Big rig accident claims can be much more complex than collisions involving passenger vehicles. While many attorneys may base a claim solely on a California Highway Patrol or other law enforcement agency report, this may not be enough for personal injury claim purposes. An independent investigation into the cause of an accident can determine why an accident occurred, and what parties were responsible. This is just one way to maximize potential avenues of financial compensation in a civil claim.
Just because one cause of an accident is identified, does not mean other causes did not play a role. For example, a truck driver may admit to have been fatigued and exceeded allowable hours of duty behind the wheel. However, a tire blowout leading to loss of control may also contribute to the drivers’ loss of control. A prompt and thorough investigation by a knowledgeable professional can allow evidence to be preserved and all possible avenues of liability to be investigated and reviewed.
If a truck driver causes an accident, they may be liable, along with the trucking company who is responsible for the truck driver’s actions. Other liability parties may include the owner of the cargo, the manufacturer of various parts of the truck or tires, mechanics or maintenance shops, and even the government entities responsible for the design and maintenance of a roadway.
Time Is Of The Essence Following a Big Rig Accident
Every state has a statute of limitations which is essentially a deadline or time window in which people have to file a lawsuit after an accident. In California, the statute of limitations is two years from the date of injury, and this generally applies to all accident claims. However, if a claim is against a government or public entity, such as in a claim against a city or county responsible for designing or maintaining a road way, a notice of the claim must be filed within six months.
Delaying getting legal help will only hurt your case. Accident victims are always well-advised to not wait until the statute of limitations is nearing before contacting a lawyer. Trucking companies have their own investigators and procedures to protect their legal interests. Accident victims may not be familiar with what steps to take following an accident, but an attorney can ensure proper actions are taken to maximize compensation.
At the Law Offices of Samer Habbas & Associates, we handle all claims on a contingency fee basis. This means we are only paid when we recover money for you. In the unlikely event we agree to take your case and do not win, you will owe nothing.
Contact an Experienced California Trucking Accident Lawyer
The Law Offices of Samer Habbas & Associates offers a free consultation to answer your questions and discuss your legal rights and options following a trucking accident. Before you accept any compensation for your injuries or a loved one’s death in a trucking accident, call us. If we represent you, we will aggressively fight for the maximum, full and fair compensation you are entitled to. We look forward to speaking with you and putting our experience and knowledge to work for you.
With multiple offices located in Irvine, Los Angeles, El Segundo, San Diego and Riverside, our lawyers represent big rig accident victims all across California. For more information or to schedule your free consultation after an accident involving a truck tire blowout, please call 949-727-9300.