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When a semi-truck has a tire blowout at highway speeds, the result is often catastrophic for cars driving nearby. Tire treads or other chunks of rubber can shatter windshields and injure occupants. In some cases, the truck driver will lose control of the rig and crash, taking out passenger cars as well. Occasionally, a truck may jackknife or turn over due to a blowout, crushing cars beneath it.
When you or a loved one suffers injuries in a Dallas area truck accident, you need a skilled, knowledgeable legal team on your side. A semi-truck blowout accident lawyer in Dallas from Lovins Trosclair, PLLC can help you get the compensation you need for medical care, lost wages, property damage, and other losses. Call us today at 214-484-1930, and let us go to work for you.
Who is at fault in a semi-truck tire blowout accident?
While it may seem that blowouts occur on their own, most have one or more contributing factors. This means that the accidents they cause are preventable, given the proper attention from the tire manufacturer, trucking company, or truck driver.
In most of these cases, the liability lies with the trucking company after a blowout accident. Even if the truck driver acted negligently, a legal theory known as vicarious liability holds his/her employer legally responsible. This includes cases where the blowout occurred due to:
- Overloading of the trailer
- Impact damage from running over something the driver could have avoided
- Low tire pressure
- Worn tires
To combat blowouts and other serious truck accidents, the government tasks trucking companies with maintaining their fleet per strict safety guidelines. All trucks must receive regular maintenance, and the company must keep records of all work done to the truck and trailer. In some cases, however, the oversight is not in place to ensure this occurs and trucking companies or drivers fail to properly maintain their trucks.
In some cases, tire manufacturers may be liable for a semi-truck tire blowout. This usually only occurs when there is a defect in the tire that leads to a tread separation or other massive failure of the tire.
Determining liability in these cases is not always clear cut. We can help you analyze the facts of the case, determine fault, and file a claim with all potentially liable parties. While you might normally be able to handle a routine car accident claim on your own, there are some differences when dealing with a trucking company and its insurer that necessitate our help.
How can I get compensation for my Texas truck accident-related losses?
To recover compensation, you need to file an insurance claim with the insurer who represents the liable party. In most cases, this will be the trucking company’s insurance provider. Filing this claim is relatively simple, but there are a few things you need to do before you call the insurance company.
First, you will need to preserve any evidence related to the accident. This means preserving evidence held by the trucking company by sending a spoliation letter. This letter notifies the company of your forthcoming claim, and informs them of their duty to preserve and share any evidence in the case. This also means preserving evidence at the accident scene. This often requires an expert accident reconstructionist to go out, map the scene of the collision, take pictures, and inspect the vehicles involved in the collision, just to name a few things.
Second, you will need to know the value of your claim. While you can add up your losses on your own, most people tend to overlook many qualifying expenses and vastly underestimate their future care needs. We work with medical, financial, and vocational experts to determine the value of your claim before we advise you to accept any offers.
Third, you will want to prepare yourself for dealing with the insurance adjuster. Many companies use shady tactics to get you to accept a smaller settlement than you deserve, or to weaken your case. And because insurance adjusters receive training on how to poke holes in your case or bully you into accepting a settlement, many times, you will not even know it is happening.
Having a lawyer communicating with the insurance company ensures you do not fall into any traps and your rights remain intact.
How do I prove fault for a Texas truck accident?
Having a strong case against the trucking company or other liable party is key to winning the maximum payout in a Texas truck accident case. Building this case requires having access to all available evidence, including that held by the trucking company. This is why a spoliation or preservation letter is so important.
Trucking companies must collect a wide variety of data and keep meticulous records about both their trucks and their drivers. This may include:
- The driver’s logs
- Digital data from an onboard computer
- Personnel and driving records from the driver
- The driver’s medical records
- Truck and trailer maintenance records
- Information about the tire that failed
- Documentation of the damage to the truck
This evidence often plays a crucial role in proving liability in these cases. However, the trucking company can destroy much of this evidence after a certain period of time; without a knowledgeable lawyer to send a spoliation letter, your entire case might go up in smoke.
Other evidence also plays a role in proving liability in a semi-truck tire blowout case. This often includes:
- The police report of the accident
- Eyewitness testimony
- Expert witnesses
- Pictures or video from the accident scene
- Accident reconstruction
What types of damages can I recover in a Texas truck accident claim?
The exact nature of the damage suffered in any Dallas truck accident is unique, but there are some common types of losses that occur in these accidents. Texas personal injury laws allow accident victims to collect compensation for many of these categories of damages, including:
- Hospital and outpatient medical care
- Rehabilitation and physical therapy
- Ongoing nursing and care costs
- Medical equipment or assistive devices
- Lost wages
- Property damage
- Pain and suffering
In addition to helping you determine the full range of your damages, we also collect the bills, receipts, and other documentation necessary to prove these losses.
Can Lovins Trosclair, PLLC help me get the compensation I need?
If a Dallas semi-truck tire blowout accident left you or a family member with serious injuries and staggering financial losses, Lovins Trosclair, PLLC may be able to help you recover the compensation you deserve.
We take on trucking companies to secure the settlements that help our clients return to their previous way of life. We can file your claim, secure the necessary evidence, and negotiate an award that allows you to focus on your physical recovery.
We have decades of experience handling truck accident claims and we can handle yours too.
Call our Dallas office today at 214-484-1930 to discuss your case with one of our attorneys.