A tire blowout is when a vehicle’s tire abruptly loses air pressure. It can lead the driver to lose control of the car and cause a traffic accident. Unfortunately, others could get hurt in such incidents.
If you were a tire blowout accident victim in El Paso, you could file for compensation with the at-fault parties. You can have an El Paso tire blowout accident lawyer help with the legal procedures. The team at Loncar Lyon Jenkins has the experience you need to fight for the justice and compensation you deserve.
Liability in a Tire Blowout Accident
Determining liable parties in a tire blowout accident can be a complicated issue. In a conventional auto accident, we would seek damages from the negligent driver. However, the motorists involved in the tire blowout crash may have been driving responsibly at the time, meaning you cannot automatically hold them liable for hitting your car.
An El Paso tire blowout accident lawyer can help search for evidence from the crash, such as police reports, surveillance or dashcam footage, and witness testimonies. This evidence will help determine the fault for the tire blowout. If you suffered injuries, you would also need medical records to show the extent of the harm you sustained in the crash.
For example, a construction company may not have placed a warning sign marking a large pothole it is fixing. This failure to warn could make the company liable if you couldn’t notice the hazard in time to avoid running over the pothole, causing a blowout that led to your injury accident.
For a free legal consultation with a Tire Blowout Accidents lawyer serving El Paso, call 877-239-4878
Filing a Third-Party Claim
If a driver was to blame for your tire blowout accident in El Paso County, you could typically file a third-party insurance claim with their auto insurer. Texas requires all motorists to carry liability coverage or other forms of financial responsibility, such as a surety bond or deposit. Therefore, should a driver cause an accident out of negligence, their coverage will pay for their victims’ injuries and property damage-related expenses.
However, if the liable party is not a driver, you might still be able to file a claim. For example, if you are up against a business, you could bring the claim with their commercial insurance provider.
Your El Paso tire blowout accident attorney can negotiate with the insurance provider to reach a fair settlement amount.
El Paso Tire Blowout Accident Lawyer Near Me 877-239-4878
Should You Consider Filing a Lawsuit?
You could also file a tire blowout accident lawsuit if the other party’s insurance policy limits don’t fully cover your losses. Another instance where we might suggest bringing a suit is if the liable party intentionally caused the crash. Insurance companies generally do not cover expenses resulting from their policyholder’s willful actions.
The El Paso County Courthouse will preside over your accident case. A judge and jury will review the evidence from the involved parties before determining whether you may recover damages.
Keep in mind that it may take months of court proceedings to reach a verdict for your case. However, our team will represent you until the suit finishes.
Deadline for Filing El Paso Tire Blowout Accident Cases
According to Texas Civil Practice & Remedies Code § 16.003, your lawsuit has a statute of limitations of two years. The time limit remains the same regardless of whether you file for injury, property, or wrongful death damages.
However, if a defective tire blew out, causing the accident, Texas Civil Practice & Remedies Code § 16.012 could give you up to 15 years from when you bought it.
Since you only have limited time to work on the case, it would be best to start as soon as possible. Doing so would help you avoid missing your deadline, which would get your suit automatically dismissed. However, your attorney can ensure you meet your deadline and check for tolling exceptions that can pause the statutory clock or extend your time limit. For example, if the liable driver or party leaves Texas, the timer resumes when they return to the state.
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Types of Damages in Tire Blowout Settlements
Like most accident settlements, you can recover economic and noneconomic damages in your accident claim. Economic damages pay you for expenses such as:
- Hospitalizations
- Medical treatments and prescription drugs
- Auto repairs
- Lost income
Meanwhile, noneconomic damages aim to repay you for the pain and suffering your El Paso tire blowout crash caused. While there is no strict formula for calculating these damages, the amount typically increases based on the severity of your injury. For example, permanent brain injuries would likely recover more than a fractured wrist. Some types of noneconomic damages include:
- Pain and suffering
- Psychological trauma
- Disabilities
- Disfigurements
- Loss of enjoyment of life
Our team can give you a rough estimate of the damages you could recover from the crash by assessing your injury and computing your expenses.
Comparative Fault in a Tire Blowout Accident
Texas’ comparative fault statute could mean you might not recover the full amount owed to you if you are partly liable for the blowout accident. The deducted amount will depend on how much fault you share for the crash.
To illustrate, let’s say your total damages amounted to $250,000 in the blowout accident case. However, the court finds you 45 percent liable for the tire blowout. That means you would only recover 55 percent of the award ($137,500).
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Consult with a Tire Blowout Lawyer at Loncar Lyon Jenkins Today
Tire blowouts can lead to costly car accidents that could affect you for life. However, you can take legal action in El Paso County against those at fault. You could speak with our car accident lawyers to get started with your claim or lawsuit. They can help you further understand the laws relevant to your accident.
Loncar Lyon Jenkins has handled personal injury cases in El Paso and throughout Texas for over 30 years. We are ready to use our decades of legal experience to help you with your situation. Call us today to schedule a free review.
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