New Jersey Tire Blowout Truck Accident Lawyers
When a smaller car collides with a big rig, tractor-trailer, or 18-wheeler, it’s usually the passengers in the smaller vehicle that suffer severe or fatal injuries. A tire blowout is, unfortunately, one of the more common causes of truck accidents throughout New Jersey. According to the Federal Motor Carrier Safety Administration (FMCSA), truck tire issues are one of the top vehicle-related factors responsible for fatal accidents involving large trucks.
A tire blowout is typically the result of negligence. Trucking companies are supposed to perform regular maintenance and repairs on their fleet of vehicles to ensure everyone’s safety. If there’s natural wear and tear or some other type of damage, repairs must be made promptly. Unfortunately, some companies will cut corners to save time and money. When that happens, the damaged tire could explode and cause a traumatic accident.
Truck accidents are complex, often involving multiple parties, but the top-rated truck accident attorneys at Brach Eichler Trial Lawyers understand the steps needed to secure the financial compensation you deserve. We have secured more than $227 million in settlements and verdicts on behalf of our clients, and we can help you, too.
Call the New Jersey tire blowout truck accident lawyers from Brach Eichler Trial Lawyers at (973) 364-8300 to find out more about our legal services and your options.
There’s More Than One Type of Commercial Truck
When most people think of a commercial vehicle, they might picture an 18-wheeler transporting consumer goods across the country. But there are many types of trucks you could see on the roads. Companies use some more frequently than others, but they all pose dangers to other motorists if the truck driver is reckless or the vehicle is poorly maintained. Some of the most common trucks on the road include:
- Garbage truck
- Box truck
- Dump truck
- Big rig
- Refrigerator truck
- Flatbed truck
- Heavy hauler
How Tire Blowout Accidents Occur
Commercial trucks are large and heavy. They carry hundreds or thousands of pounds of cargo and travel many miles each day. Over time, tires naturally become worn out and need to be replaced. Sometimes, sharp debris in the road could create a tear or hole in the tire that needs repairs.
It’s the truck driver’s and their employer’s responsibility to ensure the vehicles are in good working condition. If they fail to fix any problems with the tires and there’s an accident, they become liable.
Tire blowout accidents are an unfortunate reality for those sharing the road with large trucks. It’s a frightening experience that could lead to devastating injuries. It’s not just the initial impact of the collision you have to worry about. If the tire blowout sends debris flying into the air, it could crash through your car window. Cargo from the trailer could fall out and lead to more hazards that could injure you or damage your vehicle.
Of course, there are environmental factors that contribute to tire blowouts that are difficult to avoid, such as high temperatures. There are also things the truck driver or trucking company does that directly leads to a tire blowout truck accident, such as:
- Loading cargo unevenly or above the weight limit
- Using incorrectly sized tires for the type of truck
- Not repairing damaged tires
- Underinflated or overinflated tires
- Installing tires the wrong way
- Failing to replace recalled tires
The fact is that most tire blowouts can be avoided when the trucker and trucking companies take proper measures to keep everyone safe.
Rules all Truck Drivers Must Follow to Avoid a Tire Blowout Accident
There are regulations set and enforced by the FMCSA, which truck drivers must follow. These regulations are supposed to ensure every motorist’s safety. Those in the trucking industry are held to a much higher standard due to the type of vehicles they use and how much damage could result from a crash.
Truckers must follow specific rules that can prevent hurting other people. According to the FMCSA, truck drivers must comply with the following:
- Hold a commercial driver’s license
- Report tire damage for repairs
- Ensure cargo stays under the maximum size and weight limits. Also, use proper securement methods.
- Don’t drive longer than eleven consecutive hours after being off duty for ten hours
- After the first eight hours of a driving shift, take a thirty-minute break
- Participate in training and educational programs to acquire the necessary skills and knowledge for operating a commercial vehicle
- Inspect the truck before and regularly throughout the driving shift
If a driver lacks experience, they may do something that causes a tire blowout accident. If they’re unsure of how to handle an emergency or how to inspect their vehicle correctly, they won’t be able to avoid hazards. When a damaged tire explodes, the driver can lose control of the vehicle and jackknife, roll over, or lose the cargo load.
Tire Blowout Accidents Caused by Trucking Company Negligence
There are also FMCSA regulations all trucking companies must follow. If they don’t, victims of tire blowout accidents could pursue financial compensation against them. Even though the truck driver is directly involved in the crash, the trucking company’s actions or inaction could lead to a tire blowout.
Trucking companies must adhere to the following regulations:
- Manage all truck driver’s hours, so they don’t exceed the maximum limit
- Provide education and training programs
- Perform thorough background checks on all new employees
- Supervise the cargo loading team to ensure they follow weight, size, and securement requirements
- Perform routine maintenance on tires to check for problems
- Fix damage promptly
- Maintain logs of all maintenance and repairs
What’s the Value of My Case?
Multiple factors can determine how much money you deserve for the damages resulting from your tire blowout truck accident. Damages are quantifiable expenses and intangible losses the victim of an accident incurs. Three categories of damages exist in personal injury claims: economic, non-economic, and punitive.
- Medical treatment, such as surgery, physical therapy, and ER visits
- Out of pocket costs, such as travel to doctor’s appointments and prescription medications
- Lost wages
- Lost future earning capacity
- Repair of damage or replacement of a totaled vehicle
- Emotional anguish
- Loss of household services
- Pain and suffering
- Loss of enjoyment of life
This type of damage doesn’t reimburse the injured party for their expenses as with economic damages. It’s a form of punishment against the at-fault truck driver or trucking company. Punitive damages typically come from a lawsuit and aim to issue a financial consequence for someone else’s careless actions.
What Are the Auto Insurance Laws in New Jersey?
New Jersey follows a no-fault rule when it comes to car accidents. That means you’re able to pursue compensation from your insurance company regardless of who caused the crash. In a tire blowout truck accident, however, you can seek a settlement from the negligent party’s liability insurance. Pursuing a third-party settlement from the at-fault party may enable you to recover losses and pain and suffering damages that your own insurance would not cover.
However, some truck drivers don’t carry liability insurance despite it being a legal requirement in New Jersey. If you discover the truck driver doesn’t have insurance, you can file a claim with your insurance.
UM and PIP is coverage on every driver’s policy with minimum limits for payment of medical expenses, lost wages, and additional costs.
- UM: Uninsured/underinsured motorist coverage provides reimbursement for victims of accidents when the at-fault party doesn’t hold liability insurance, or their limits aren’t high enough for your total damages. UM covers lost wages, medical bills, and car repairs.
- PIP: Personal injury protection provides upfront payment of medical treatment. You can give your doctors your PIP information, and they will send your bills directly to the insurance company for payment, so you don’t have to pay anything out of pocket and wait for a settlement to reimburse you. PIP can also cover lost income if you’re unable to work due to your injury.
Finally, we can help you take the trucker and trucking company to court, if needed, to secure the full compensation you need.
How Brach Eichler Trial Lawyers Can Help
If you got hurt in a tire blowout truck accident and want to file an insurance claim, you should contact Brach Eichler Trial Lawyers to help you. The insurance policies in New Jersey are complex, and when you’re injured, in pain, and actively undergoing medical treatment, pursuing a legal case is probably the last thing you want to do. The steps of the claims process can be confusing, and the insurance companies will sometimes try to trick you into signing documents that actually limit your right to full compensation.
Our New Jersey tire blowout truck accident lawyers can take the reigns of your case to ensure each step gets completed promptly and accurately.
When you hire us, we will:
- Thoroughly investigate the accident and obtain evidence that proves the truck driver or their employer was responsible.
- Speak to experts within the trucking industry to confirm the cause of the tire blowout crash and review the injuries you suffered.
- Physical evidence could go missing or get destroyed after some time passes. To ensure that doesn’t happen, we’ll put all parties involved in the accident on notice to preserve their evidence.
- Monitor your medical treatment and review all medical records for accuracy. If the doctor makes a mistake and doesn’t clearly state that your injury was the result of the tire blowout crash, the insurance company will probably deny your claim.
- File an insurance claim. We’ll promptly file the claim, submit all necessary evidence, and negotiate a fair settlement with the adjuster.
- File a lawsuit against the insurance company, truck driver, or trucking company. If your insurance claim gets denied or the adjuster won’t agree to an appropriate settlement amount, we can move forward with a lawsuit.
Injured in a Tire Blowout Truck Accident? Contact Brach Eichler Trial Lawyers Immediately
Brach Eichler Trial Lawyers has the experience, knowledge, skills, and resources to recover the maximum compensation in an insurance claim. If you got hurt in a tire blowout truck accident in New Jersey, you need legal representation from a law firm you can trust.
Our New Jersey truck accident lawyers care about our clients. We will always treat you with compassion and respect and maintain open and honest communication. Call us at (973) 364-8300 to schedule a free consultation so that we can help you pursue the compensation you deserve for your injuries.