Who you sue in a car accident caused by a tire blowout depends on the circumstances of the accident.
If you are injured in a car accident due to a tire blowout, you have the option of working towards a settlement or filing a lawsuit in a Texas court.
Who to Sue If Your Car Accident Was Caused By A Tire Blowout in Texas
Some of the parties who may be liable for the accident and your injuries include:
The Manufacturer
If the tire manufacturer designed or built a defective tire, they may be held liable if the product’s defect was a major factor in the accident. The manufacturer may also have failed to warn sellers or drivers of the issue.
A Retailer or Service Center
The retailer may be held liable if they failed to identify an old tire or sold a tire that was recalled. They may also be held liable if a service technician failed to rotate the tires correctly or replace a worn-out tire.
Road or Construction Crew or Municipality Who Employed Them
If their road crew was negligent in maintaining safe road conditions, you may be able to hold the company or municipality legally responsible. For example, a construction crew working on a road may have left construction materials or equipment in the road, such as nails or metal objects.
Vehicle Driver or Loader
The owner or operator of a vehicle may be held liable if they were negligent in loading cargo or handling a vehicle. For example, if you ran over the object after it fell off the vehicle. The accident would not have occurred if the driver or loader practiced reasonable caution while loading or transporting the object.
How Do I Establish Fault for My Car Accident?
The following types of evidence may help you establish who to sue if your car was in an accident caused by a tire blow out.
- Police reports
- Eyewitness testimony
- Photos
- Tire remains
- Receipt of tire purchase or mechanic invoice
- Product information
- Expert witnesses
Can a Car Accident Lawyer Help Me Recover Damages?
You may want to seek legal assistance from an attorney who can answer your questions and guide you through the legal process after you file a claim.
A car accident attorney in Texas can help with your car accident in these ways:
Investigate Your Case
Liability for your accident depends on a lot of factors, including how the accident happened, where it happened, and who was involved. An attorney can investigate your accident to identify fault and liability.
Manage the Legal Aspects of Your Case
A car accident lawyer in Texas can help you file claims, retrieve documents, communicate with insurance companies, and manage the legal process, including taking your case to court if necessary.
Secure Industry Experts to Strengthen Your Case
A product liability lawyer may contact experts, and witnesses who can testify to the cause of your accident and why you had a blowout. Medical experts may be able to offer an expert evaluation of your injuries and prognoses.
Negotiate a Settlement With the At-Fault Party
An attorney may be able to negotiate a settlement with the at-fault party’s insurance company by presenting evidence of fault and liability. In some cases, your claim can be resolved out of court.
Is There a Deadline for Filing a Claim for My Car Accident?
The state of Texas sets a statute of limitations on injury cases, including auto accident cases. This is outlined in Texas Civil Practice and Remedies Code, Title 2 § 16.033.
If you do not file your case in this time, you may be unable to recover your losses. Therefore, it is important that you file a claim as soon as possible following your accident.
Seek Legal Help From A Car Accident Lawyer in Texas
, you may not be sure what steps to take.
If you or a loved one suffered injuries in a car accident due to a tire blowout, D. Miller & Associates, PLLC can help. They can offer legal advice and help you file a claim, so you can recover damages for your injuries.
For a free, no-obligation consultation with a Texas car accident attorney, call us today at 713-850-8600.
