Flying Tire Accident Results In $8 Million Award
A plaintiff was awarded $7.7 million after a 450-pound tire came loose from a truck and struck his vehicle. The truck was headed in the opposite direction on the other side of the highway. The victim was traveling east when the westbound truck lost one of its tires and struck his vehicle.
Flying tire accidents leave victims severely injured and often, they are killed. In most cases, the accident is the result of failing to properly inspect the vehicle prior to taking it out on delivery. In this case, the plaintiffs blamed the defendant for the accident, but the defendants blamed a third-party servicer who was responsible for installing the tire. Ultimately, the jury pinned the liability on the trucking company that operated the truck that lost its tire.
Elements of negligence
When it comes to the commercial trucking industry, there are a lot of regulations. Truckers are expected to take breaks every 8 hours on the road and perform pre-trip inspections of their vehicles prior to making a delivery. In this case, the plaintiffs claimed that there was an oil leak that loosened the tire from its wheel. They further claimed that the driver failed to make a pre-trip inspection that would have caught the issue with the tire prior to delivery. Lastly, the plaintiffs claimed that the tire rim and assembly were defective and that the company had a duty of care to ensure that the vehicle was serviced beforehand.
As a result of the lawsuit, the plaintiff was awarded $7.7 million in damages.
In most cases, your settlement award will be tied to your injuries. Injuries include physical injuries and pain and suffering, but they also include lost wages and any out-of-pocket expenses paid related to your treatment. In this case, the plaintiff was severely injured as is likely when a 450-pound tire strikes your windshield. So, the compensation was very high. Nonetheless, the regulations are there for a reason and when they are ignored, avoidable injuries like this can occur.
Flying tire accident lawsuits
Flying tire accidents always happen because of maintenance failures. The issue for truck drivers is that they can often face criminal charges related to these failures. In some states, like Texas, protecting the trucking industry from lawsuits is considered a vitally important purpose. In these states, it is not unheard of for authorities to file criminal charges against truck drivers in the hopes that the families will drop their personal injury lawsuits. Texas has also advanced the idea of bifurcating truck accident lawsuits so that a determination of negligence is made prior to assessing damages. It is believed that juries are “punishing” trucking companies for causing injuries and deaths. Nonetheless, it’s hard to deny that a pre-trip inspection would have prevented this man’s injuries.
Talk to a Florida Defective Tire Lawyer Today
Halpern, Santos & Pinkert represent the interests of Florida residents who have been injured in commercial truck accident lawsuits. Call our Florida personal injury lawyers today to schedule a free consultation and learn more about how we can help.