Can You Sue in Florida after a Tire Blowout Injury?
If you have been hurt in an accident that was caused by a tire blowout, it makes sense that you want to know about whether or not you can file a lawsuit, and if so, against whom. Determining why the blowout happened, who was responsible for the tire maintenance, and more are all relevant to determining whether or not you can sue, and who is the at-fault party for this legal process. Trying to make sense of all of these details while you are trying to recover from your injuries can be overwhelming, and the claims process once you have established who is at fault for your accident can be even more stressful. This is why working with a car accident attorney is one of the best decisions that you can make in the first days following a crash.
Contact Fasig | Brooks Today For a Free Consultation For Your Tire Blowout Accident
When someone else fails to keep you safe as a result of their own negligence or recklessness, you are entitled to seek compensation from their insurance company (or directly from them, in certain instances) to cover the impacts that you must suffer. Typically this is in the form of an insurance claim, and if you are unable to reach an out-of-court settlement agreement then the next step is to file a personal injury lawsuit with the Florida courts. This process is complicated, but simply determining who is responsible for your accident can be equally complicated before you can even initiate a claim.
Working with a personal injury attorney can give you the legal support that you need in order to go through this long, arduous, and contentious process able to focus on making a full recovery at the same time. Trying to take on the insurance company by yourself is stressful, and can distract from your other needs.
Contact us now for a free initial consultation so we can discuss the specifics of your accidents, and give you a better idea of how we can move forward as a team. With years of experience representing a range of Florida car accidents, you can be confident in the award-winning attorneys at Fasig | Brooks to bring the fight to the insurance company, and diligently build a case meant to get you every dollar that you deserve.
Who Is At Fault For Your Tire Blowout Accident?
In order to file a lawsuit, you first must establish who caused the accident. Who had the blowout, and what caused the blowout to begin with? If it was your tire that had a blowout, we will need to explore the possibilities that someone else may have been responsible for the care – such as if you had recently gotten new tires installed, or had service on your existing tires, that may have been performed negligently or incorrectly. In this case, we may be able to prove that the mechanic who performed the work failed their duty of care, and is therefore responsible for your injuries.
If it was someone else’s vehicle that had the tire blowout, we will need to go through the necessary steps to prove that they were responsible for the blowout and that they are therefore at fault for the accident that you were injured in. Typically, vehicle owners are responsible for the maintenance and upkeep of their own vehicles, and therefore responsible for the conditions that led to a blowout. However, just as how you may have a blowout due to improper work performed by a professional, this may be the case for their vehicle, as well.
While some cases are very clear, others are much more difficult to unravel before initiating a claim against the at-fault party. We will go through all of the relevant information of your accident in order to build a compelling case that not only sets out the damages that you are entitled to, but sets out a clear argument as to why the other driver or responsible party must assume liability for your injuries. Florida uses a rule known as “pure comparative negligence” in personal injury cases, which insurance companies will attempt to use to their advantage by assigning marginal blame to the victim and reduce their own financial obligation as a result. We will fight to make sure that you do not accept any liability that you are not truly responsible for.
It is important that we begin work together as soon as possible because there is a strict statute of limitations in Florida that will bar you from taking any legal actions for this accident after four years. While this may seem like a long time, we will be able to use this time to perform investigations and attempt to negotiate for an out-of-court settlement before we file a lawsuit.