The Texas Department of Transportation reported that defective tires caused over 4,300 accidents statewide in 2020. Blowouts of defective tires can lead to severe, even deadly, injuries when a driver suddenly loses control of their car, putting them at risk of crashing into other vehicles.
Victims of tire blowout accidents in Harris County have the right to pursue damages from the motorists or other parties at fault for the blowout. However, the applicable laws can vary with each crash, so it is best to consult first with a Houston tire blowout accident lawyer familiar with these cases. Loncar Lyon Jenkins has spent the past three decades providing a strong arm for accident victims statewide to lean on during challenging times.
Who is Liable in a Tire Blowout Accident?
The driver who had the blowout that led to the accident is usually held liable. Motorists have a duty of care to avoid endangering others on the road. That includes ensuring their vehicles are in good condition, including the tires. Otherwise, they could be at fault for negligence.
However, other parties may also be liable. For instance, the driver may have driven responsibly in a brand-new car, which turned out to have a faulty tire. You could take legal action against the tire manufacturer or car dealership in such a scenario.
A Houston tire blowout accident lawyer will help compile the available evidence to determine liability for your crash.
For a free legal consultation with a Tire Blowout Accidents lawyer serving Houston, call 877-239-4878
Your Tire Blowout Accident Recovery Options
You typically have two options for getting compensation for your collision:
- Filing an insurance claim
- Pursuing a lawsuit in court
Our team of car accident attorneys can review your situation and advise you which option would work best for you. They can also serve as your legal representative during negotiations with insurance providers or when attending court proceedings.
You Could File a Liability Insurance Claim
If a driver is at fault for the tire blowout, you can usually file a liability claim with their auto insurance provider. Houston motorists must carry some form of financial responsibility to cover the costs of the accidents they cause. The most common way to do this is by purchasing automobile coverage.
However, suppose a construction company left nails strewn on the roadway, and one punctured your vehicle, causing the blowout that led to your collision. In that case, you could claim against the company’s insurance. Business insurance policies often include liability coverage, which pays for injuries caused by employee negligence or product defects.
Forming a Tire Blowout Accident Lawsuit
Unfortunately, not all tire blowout victims can settle through an insurance claim. For example, the at-fault party might not have enough coverage to pay your accident-related expenses fully. You might also reject their insurer’s settlement offers. Should either happen, you could file an accident lawsuit instead.
The Harris County courts would handle your lawsuit after a tire blowout accident in Houston. A judge and jury will decide whether you may receive an award. Insurance companies no longer have a say in determining the amount you receive; instead, the liable party has to compensate you themselves.
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Types of Tire Blowout Accident Damages
Both claims and lawsuits let you recover from the financial and intangible costs of the Houston tire blowout accident. We call these economic and noneconomic damages. Calculating economic damages is a straightforward process, as you only need to compile all your accident-related expenses, such as:
- Medical bills (e.g., hospitalizations, treatments, and prescription medications)
- Lost earnings (if you could not work due to your injuries)
- Auto repairs
- Funeral and burial costs (if a loved one died)
Noneconomic damages compensate for your pain and suffering. While Texas does not have a specific rule for computing these damages, most claim adjusters and courts often use a multiplier method. This method multiplies your economic damages by a particular value. The multiplier will likely be higher if your injuries are more severe. Some noneconomic damages include:
- Disabilities and disfigurements
- Loss of consortium
- Loss of enjoyment of life
- Emotional trauma
Our Houston tire blowout accident lawyer can assess your injuries and economic damages to estimate how much you could recover for your noneconomic losses.
Comparative Negligence Rules in Tire Blowout Accidents
According to Texas Civil Practice & Remedies Code § 33.012, you may receive only a portion of your total damages if you share responsibility for the tire blowout accident. The amount depends on how much fault the court assigns to you.
Let’s say that the other driver did not maintain their tires and drove far beyond the speed limit, leading to a tire blowout. However, you did not obey a stop sign, resulting in a collision with the other car. The court then decides you are 40 percent liable, while the other driver is 60 percent at fault. Unfortunately, this determination means you can only recover 60 percent of your total damages.
Finally, you would not recover any damages if you share more than 50 percent liability.
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Statute of Limitations for Accident Cases
Your Harris County tire blowout case will likely follow the same statute of limitations as other personal injury lawsuits in Texas set by Texas Civil Practice & Remedies Code § 16.003. If someone’s negligence caused the blowout, you would have up to two years from the accident date to file the case, regardless of whether you sustained injuries or just property damage to your car.
However, if the blowout was due to a tire defect, Texas Civil Practice & Remedies Code § 16.012 could give you up to 15 years from the purchase date to file suit.
Filing the lawsuit after the deadline will likely result in a dismissal of your case. As such, it is best to start working with our team as soon as possible to avoid losing your right to fair compensation. Our Houston tire blowout accident lawyer can ensure you meet the deadline and provide regular updates on your case’s progress.
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We Are Always Open for Consultation
While tire blowout accidents could have lifetime effects, you can take legal action and receive compensation for your losses. Before you get started, consult with the office of Loncar Lyon Jenkins. Our team of Houston tire blowout accident lawyers can counsel you on how to proceed.
Our legal team stands ready to use our 30-plus years of legal experience to help Texans with their injury cases. So, call us today or submit your information through our free evaluation form to get started on your case.
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