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A defective truck tire is a serious issue that should be corrected by a truck driver or their employer. Unfortunately, some truck drivers may continue to use a vehicle with a defective tire until they cause a severe accident that injures one or multiple motorists. If you were hurt in a trucking accident due to a defective truck tire, you should work with our experienced Arlington attorneys for accidents caused by defective truck tires.
The Queenan Law Firm, P.C., commits itself to fighting for victims of truck accidents that were injured due to the actions of a negligent truck driver or their employer. A serious truck accident could leave a victim saddled with expensive medical bills, extensive property damage, and many other expenses that they should not be forced to pay due to a negligent truck driver’s mistakes. To schedule your free case review to go over the facts of the trucking accident lawsuit, call (817) 476-1797.
Liability for Defective Truck Tires Accident in Arlington, TX
Defects in truck tires can often be discovered and accidents can be avoided if the vehicle is regularly maintained. However, when this does not happen, the victim of a defective tire accident may be concerned about who could be held liable for the crash.
One person that may be named in your defective tire trucking accident is the driver of the truck. A truck driver would likely be the first person to notice that a truck tire was defective. However, if the trucker does not take action to correct the issue, they may be liable if it causes an accident.
The trucker’s employer could also be held liable for a defective truck tire accident through the doctrine of respondeat superior. The doctrine of respondeat superior would allow a victim of a defective truck tire accident to hold an employer vicariously liable for the driver’s actions. For instance, if the defective tire sustained a blowout while a truck driver was performing a task for the employer, the accident could be attributed to the employer.
Many victims of accidents prefer to file a personal injury claim against the driver’s employer as they are likely in a better financial position to compensate victims. Note, however, that many companies are hiring truck drivers as independent contractors in order to avoid liability after accidents.
Hiring a worker as an independent contractor means that an employer will not have substantial control over the manner in which the worker performs their job. For example, a company shipping an item may not be able to dictate which routes the driver uses to deliver items. This could permit an employer to escape vicarious liability for the negligent actions of a driver. As a result, a victim of a defective truck tire accident would have to pursue a personal injury lawsuit against a truck’s driver personally, which could present a number of problems if the driver is not capable of covering damages from the crash.
It is also important that the manufacturer of a defective truck tire could also be liable for a truck accident. For example, if a tire manufacturer allowed foreign objects to be welded into the frame of a tire, this could be an issue that could cause a deadly crash.
If you would like to know more about filing lawsuits for defective tire trucking accidents, you should consult with an experienced Arlington attorney for accidents caused by defective truck tires.
Proving Negligence in a Defective Truck Tire Accident in Arlington, TX
Victims of a defective truck tire accident deserve to be compensated for the injuries they faced. However, before a victim could be awarded compensation in a personal injury case against the parties responsible, they must first show how the defendants acted negligently.
There are four elements of negligence that a plaintiff must show in order to recover compensatory damages in a defective truck tire accident lawsuit:
- The defendant owed the plaintiff a duty of care
- The defendant breached their duty of care to the plaintiff
- The defendant’s actions were the proximate cause of the plaintiff’s injuries and losses
- The injured party could seek compensation for injuries and losses in a court of law
There are various types of evidence that could be used to prove negligence in a defective truck tire accident. For example, you could use eyewitness testimony, photos of the accident, medical records, and many other types of evidence. Our skilled Arlington defective truck tire accident lawyers could help you get started on collecting evidence for your case.
Consult with the Arlington, TX Lawyer for Accidents Caused by a Defective Truck Tire
The victims of truck accidents involving defective truck tires should contact our Arlington auto accident lawyers for trucking accidents involving defective tires. Call The Queenan Law Firm at (817) 476-1797.