18-Wheeler Tire Caused Damage to My Car
Posted on: November 20, 2024
Truck accidents involving 18-wheelers can be particularly devastating, especially when a tire detaches unexpectedly and causes damage to smaller vehicles. The sheer size and weight of these trucks can lead to profound consequences for drivers and passengers in smaller vehicles.
What Are the Common Causes of 18-Wheeler Tire Failures?
Tire failures on 18-wheelers can occur for assorted reasons, and understanding them can help assess liability. One common cause is improper maintenance. Trucking companies are responsible for regularly inspecting and maintaining their vehicles; neglecting to replace worn or damaged tires can lead to blowouts or tread separation.
Another potential cause is overloading. 18-wheelers have weight limits, and exceeding them can put undue stress on tires, increasing the likelihood of failure. Additionally, poor road conditions, such as potholes or debris, can contribute to tire damage.
Finally, tire manufacturing defects can also play a role. If a tire was manufactured with flaws or did not meet safety standards, the manufacturer may be held liable for any resulting damage.
How Do I Determine Liability in a Tire-Related Accident?
Determining liability in an accident involving an 18-wheeler tire can be complicated, as multiple parties may share responsibility.
- The truck driver may be liable if they neglected pre-trip inspections or ignored visible signs of tire damage.
- The trucking company could also be accountable for improper vehicle maintenance or overloading.
- If mechanical failure caused the tire issue, the manufacturer could be responsible for damages incurred.
Collecting documentation from the accident scene, maintenance records, and witness statements is essential for establishing liability.
What Damages Can I Claim After an Accident?
When cars are damaged by a tire from an 18-wheeler, claimants may be entitled to several types of compensation. Property damage claims can cover the costs of repairing or replacing your vehicle, with total loss amounts based on its pre-accident value.
If you sustained injuries, you could seek compensation for medical expenses, lost wages, and pain and suffering. Emotional distress may also be considered, particularly if the accident has long-term psychological effects. In some cases, punitive damages might apply if the truck driver or trucking company acted with gross negligence.
How Should I Communicate with Insurance Companies?
It is important to communicate carefully when dealing with insurance companies after an incident involving an 18-wheeler. Avoid admitting fault or making statements that could be construed as liability – stick to the facts of the accident and avoid elaborating or offering opinions.
Document your conversations and correspondence with insurance representatives, noting dates, times, and the names of individuals you spoke with. Be prepared to provide evidence to support your claim, such as photographs, witness statements, and repair estimates.
If an insurance adjuster requests a recorded statement or offers an initial settlement, consult a legal professional first. You do not want to say the wrong thing or accept a lowball offer.
When Should I Contact a Lawyer?
Contacting a lawyer can be beneficial if you encounter challenges in the claims process or if there are disputes regarding liability. A legal professional can help you understand your rights, gather necessary evidence, and negotiate with insurance companies on your behalf.
This is especially important if you or a loved one sustained injuries. An experienced attorney can explain your legal options, determine the full extent of damages, and help you pursue all avenues of compensation. They can also represent your interests if the case requires litigation.
The Freehold Truck Accident Lawyers at Ellis Law Provide Legal Guidance for Your Accident
Our experienced Freehold truck accident lawyers at Ellis Law can work toward obtaining the compensation you deserve after an accident with an 18-wheeler. For a free consultation, call our Freehold, New Jersey, office at 732-308-0200 or contact us online. We serve clients in Asbury Park, East Brunswick, Toms River, Middletown, Jersey City, Long Branch, Neptune, Hudson County, Union County, Essex County, Monmouth County, Marlboro, and Ocean County, as well as Brooklyn and New York City.
