Tire Blowouts In Oklahoma City
Most motorists have witnessed or experienced a sudden tire blowout on the roadway. As frightening as a blowout can be, most end in the driver regaining control and avoiding an accident. Sadly, not every blowout is a near-miss. According to the National Highway Traffic Safety Administration (NHTSA), there were 562 traffic fatalities related to tire accidents in 2022—the most recent analyzed data year.
When a tire blowout causes an accident, it can be difficult for injury victims to know how to manage a compensation claim in a fault-based insurance state like Oklahoma which requires injury victims to file claims against the person or entity responsible for the accident. A car accident attorney in Oklahoma City can assist you with this type of claim.
Who Is Liable for Damages After a Tire Blowout Accident?
After a crash, it takes an investigation to determine the cause of the accident and the liable party. Many drivers who suffer injuries from a tire blowout accident feel they have no legal recourse for recovering compensation under Oklahoma’s fault-based insurance state. Depending on how the accident occurred, there are several possibilities for recovering compensation for damages. Liable parties in tire blowout claims include the following:
- The manufacturer of a defective tire
- A negligent tire repair or service shop
- A negligent road maintenance agency if there were hazards in the road that caused the blowout
Sometimes accidents occur due to another car or semi-tractor-trailer truck that has a tire blowout and the loss of control that causes a collision. In these cases, the other driver could be liable for damages if they failed to properly maintain their tires or drove on a tire they knew was worn. Trucking companies and truck maintenance companies may be liable for damages when a truck tire blowout causes a truck accident that leads to injuries to other motorists.
How Does Oklahoma’s Comparative Negligence Accident Recovery System Work?
Oklahoma is one of many fault-based insurance states that require car accident victims to file claims against an at-fault party to recover their damages. Under this system, even those who contributed to the cause of an accident can recover compensation but their percentage of fault is subtracted from the amount they recover. For example, if another driver’s tire blowout caused a collision with your car, you can recover compensation from the driver’s insurance company. If the insurance adjuster assigned to the case determines that you contributed to the accident because you were speeding, they could claim that you are 25% at fault and reduce a $100,000 claim to $75,000.
When a defective tire causes a blowout accident, the tire manufacturer has direct liability for damages. Injury victims do not have to prove negligence in claims against manufacturers after a defective product injury due to direct liability.
What Damages Can I Recover In a Tire Blowout Claim In Oklahoma?
Tire blowout accidents can cause serious injuries. Injuries have economic and non-economic damages to victims. A successful claim against a liable party can recover damages such as the following:
- Property damage
- Past and future medical expenses
- Lost income
- Future income loss/diminished earning capacity
- Compensation for pain and suffering
If other damages occur, the injury victim could recover further compensation for non-economic damages like disfigurement, loss of limb, loss of vision or hearing, and diminished quality of life.
How Can an Oklahoma City Car Accident Lawyer Help?
It can be challenging to determine liability for a car accident claim after a tire blowout. Contact the experienced lawyers at Dan Davis Law to investigate your case and determine the best legal pathway forward to recover your damages.