The Driver of the Car That Has the Blowout

If the driver’s negligence caused the blowout, the driver can be liable. Overloading the vehicle, driving on unsafe tires, speeding, and inattention to road debris or potholes can all be negligent acts that can cause or contribute to a blowout.

Road Debris

If the blowout resulted from road debris, the person who is responsible for the debris being on the road may be responsible for the accident. This will require you to be able to identify and locate the person responsible for the debris being in the road, and then prove that person left it there.

Potential parties might include other drivers or the entity in charge of keeping the roadway debris-free. To find a liable party, we will help you gather evidence such as surveillance video or eyewitness testimony (to determine the origin of the debris).

Potholes

The government entity responsible for the maintenance of the roadway could have some liability for potholes. To hold the entity responsible for potholes or any road hazard, you would need to prove that the entity had prior knowledge of the hazard and that they failed to repair the potholes within a reasonable amount of time.

To prove your case, you might want to look into whether potholes in that area have resulted from other potholes on the road. Be aware that suing the government is very difficult. The entity will likely defend against your claim on the ground of sovereign immunity, but in limited circumstances it is possible to sue a government entity.

Defective Tires

If the tire that experienced the blowout was defective — and the defect caused the blowout — the tire manufacturer can be liable for the blowout.

These cases usually require the use of expert witnesses. Since many tire manufacturers are large corporations with large, experienced insurers and legal teams, expect a tough battle.

Improper Installation

If the tire that blew out was improperly installed, you might have a claim against the company that installed the tire.

You would have to prove that the improper installation was the cause of the blowout. This is difficult but a qualified attorney can help.

Jason R. Schultz
Helping Georgia area residents with car accident, medical malpractice, and personal injury claims since 1991.