Tire Blowout Accident Attorney in Florida: Who Is Liable for a Crash Caused by a Tire Blowout?

July 11, 2024
Leaser Law Firm

You’re cruising along on the way to work when suddenly, a tire on the car in the adjacent lane bursts. The car spins out of control, smashes into yours, and sends you flying down an embankment. If this has happened to you, you need the help of an experienced accident attorney in Florida.

Below, a personal injury lawyer explains who might be liable for an accident caused by a tire blowout.

Who’s Liable for a Tire Blowout?

Accidents caused by tire blowouts are tricky to handle because it’s unclear who to blame immediately. It might not seem like anyone is at fault. After all, it’s not like the driver was speeding or doing something reckless to cause an accident.

However, you can usually hold at least one party liable for the accident. Here are a few potentially responsible parties that you could hold responsible with the help of a Florida car accident lawyer.

The Driver

Tires, like all other parts of a car, require regular upkeep because they undergo serious wear and tear. Drivers must rotate their tires and swap them out for new ones every so often.

If a driver fails to maintain their tires, a Florida accident claim lawyer can help you hold them liable.

The Tire Manufacturer

If a tire manufacturer produced defective tires, it might be responsible. Defective tires are more common than you might think. In the past few years alone, multiple large tire manufacturers have been forced to recall their tires over perilous defects that could cause a crash.

The Tire Distributor

If a tire distributor knowingly sold a defective tire to the driver who hit you, an accident attorney in Florida can help you hold them liable.  This can include your local tire shop where you purchased the tire, the mechanic who installed the tire and / or the company who delivered the tire to the shop. 

The Driver’s Employer

Was the driver on the clock when they hit you? If so, their employer might be responsible for the crash. This is called “vicarious liability,” meaning you can hold a driver’s employer liable for accidents the driver causes while on duty.

The employer might also be responsible if it fails to maintain the driver’s vehicle. If the employer owns the car or truck, they’re responsible for maintenance, not the driver.

Government Entities

What if a tire blows out because of a bad pothole or construction debris left in the road? Florida cities are responsible for maintaining the roads and keeping them in safe condition. If they fail to do so and a tire blows out, a Florida accident lawyer can hold them liable.

Can You Sue for a Tire Blowout?

Florida is a no-fault insurance state, meaning your personal injury protection (PIP) coverage will pay for medical bills and other losses after an accident. The good news is that PIP pays out regardless of who caused the accident. The bad news is that you can’t sue the other driver unless you’ve sustained “serious” injuries.  Seeing good doctors after an accident and getting a complete and thorough examination from a reputable doctor can help establish the significance of your claim. 

Generally, PIP covers 60% of lost wages and 80% of medical expenses up to $10,000. The law allows you to sue the at-fault party for Florida injury compensation if your injuries are severe enough that $10,000 won’t cover your expenses.

If you choose to do this, Florida’s comparative fault laws come into play. You can only recover damages if you’re 50% or less at fault for a crash. This is why it’s important to establish who is liable for an accident caused by a tire blowout.

Contact an Auto Accident Attorney in Florida

If you’ve had an accident due to a tire blowout, contact Leaser Law Firm—call (954) 233-3515 for a consultation with an accident attorney in Florida.