Car Tire Blowout Accidents
It is common to see fragments of tires on the road. When a tire blowout occurs, it means that a tire has been so severely damaged that all air pressure has been lost. The driver can lose control of the car, and the result may be an accident that causes serious injuries to the driver as well as others on the road. If you were injured in a car tire blowout accident, you should consult the Chicago car accident lawyers at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca for guidance on your options.Legal Action Based on a Car Tire Blowout Accident
Illinois drivers can travel thousands of miles without encountering any problems, but a blowout can cause a major accident. A blowout may result in a driver losing control of the car, such that it hits another car or rolls over. There are many different reasons for a tire blowout, including colliding with a curb, a punctured tire, overinflated tires, defective tires, old tires, lower tire pressure, or carrying too much weight for the tire to handle. It may be possible to hold a driver responsible for the damages arising out of a tire blowout.
Your attorney would likely need to prove negligence by the driver in order to recover damages from them. This means showing that the driver owed you a duty of care, the driver breached the duty of care, and you sustained damages as a result. For example, if a driver knew that the tires had not been checked in a long time, or if they ignored warnings from a mechanic to have the tires replaced, these actions may have fallen below the standard of care.
Sometimes a tire blowout is a result of a mechanic's error. You may be able to hold a repair shop accountable by establishing that it was negligent. You may also have a claim for breach of contract, depending on whether the repair shop failed to fulfill its obligations under a contract.
Car tire blowout accidents can also be caused by structural defects and mistakes that occurred while the tire was being manufactured. If the tread separates from the tire's main body, the result may be catastrophic injuries and significant property damage. Sometimes a tire separation happens when the car moves too fast or in very hot weather, but in other cases, it may be a result of a defect, such as a compromised chemical or improperly sized parts. You may be able to recover damages by bringing a product liability lawsuit against the manufacturer. Often, product liability lawsuits are brought on the basis of strict liability. Under Illinois law, a seller, a manufacturer, and others in the chain of distribution can be held accountable for a defective product that hurts somebody. Strict liability requires a plaintiff to show an actionable defect (such as a design or manufacturing defect), causation, and damages.
Often, defendants in a tire blowout case will try to defend the lawsuit on the basis of comparative negligence. This means that they will try to show that you were negligent and that your negligence contributed to the accident. The jury will evaluate the arguments and evidence presented and assign a percentage of the total fault to each party found to be at fault. A plaintiff's damages will be reduced by their degree of fault, but they will be barred from recovering damages if they are found more than 50% at fault.
Damages that you may be able to recover if you are able to establish liability include economic and noneconomic losses. Economic losses include wage loss, out-of-pocket costs, medical bills, and replacement services. Noneconomic losses include pain and suffering, mental anguish, loss of enjoyment, and loss of consortium.Discuss Your Potential Claim with a Chicago Attorney
If you were involved in a car tire blowout accident in Chicago, you should consult an experienced personal injury lawyer. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, we also represent accident victims in Champaign, Quincy, Aurora, Rockford, and Springfield, as well as elsewhere in Cook, Adams, Sangamon, Champaign, Winnebago, and Kane Counties. Call us at 312-263-6330 or toll-free at 800-444-1525 for a free consultation.