Posts Tagged ‘Trucking Accident’

Defective Tire Lawsuits: The Reasons are Alarming

Friday, December 5th, 2008

Lawsuits involving defective tires have become more commonplace in recent years.  One may think that a defective tire accident is due to a manufacturer defect. More recently, it has been discovered through lawsuits that there amy be other reasons for defective tires that are quite surprising. In any legal case, the Personal injury from tires can be devastating for the driver, passengers and other car passengers surrounding the car with a defective tire. The following fast facts provide a small sample of why it is important to draw attention to defective tires, including:

• 8,000 traffic accidents resulting in death or severe injuries each year are caused by tire failures, according to The National Highway Traffic and Safety Administration (NHTSA).-1-
• 6.5 million defective tires were recalled by Firestone-Bridgestone. -2-
• 13 million defective tires from Ford vehicles between 2001 and 2001, 6 million of defective tires are still in use. -3-
• 17 people killed in Texas bus crash due to tire tread separation and 29 injured in another bus crash, both in August 2008.-4-

Not Only Manufacturer Defect, But Tire Store Misrepresentation and Faulty Tire Repair �
Tires are the most important part in any given vehicle due to the simple fact they consist the only contact with the road. Maintenance is the first priority to prevent injury from tires.  However, tire blow outs, tread and belt separation from their rims are often caused by negligence on behalf of tire manufacturers or tire repair professionals leading to accidents with severe injuries and sometimes to death. In addition, tires may appear new at tire stores but have remained in stock for an extensive time period before purchase. This is another factor that also contributes to unnecessary tread separation. As John Gomez, Attorney at Law, San Diego CA, explains, “Tire defects may relate tires that are purchased as new but have sat on the tire companies rack for months. Aged tires have a higher risk for adhesive breakdown, particularly in hot weather states because the heat against the rubber adds to a breakdown”. 

The Nature of Personal Injury Lawsuits

The repercussions of tire failure are serious and severe especially if it occurs at high speeds in a vehicle with a high center of gravity such as Trucks and SUVs. There are many precautions that can be taken to reduce the risk of tire failure by eliminating the most evident causes:
• Under-inflation: Under-inflation causes excessive tread separation and sudden blow out due to overheating especially at highway speeds during hot weather. It could be avoided by following the vehicle manufacturer’s recommended inflation pressure usually stated on the door of the driver side.
• Over-inflation: Over-inflation increases the chance to damage the tires when driving over potholes and curbs.
• Overloading: Overloading could be extremely dangerous because all tires must not exceed their load rating. It could be avoided by following the vehicle manufacturer’s recommended pressure for vehicle load and operating conditions.
• Road Hazards: Road Hazards such as bad potholes, curbs and debris on the road. It could be avoided by steering around road hazards whenever possible, and inspecting the tires for possible damage.
• Structural Defects: Structural Defects such as poor adhesion between the tread and belts are usually the case of huge settlement due t manufacture defects. It could be avoided by checking all new tires for cracks, lumps, bulges and missing chunks of rubber.
• Excessive Speed: Excessive Speed is obvious to cause over heating and tread separation. For people who enjoy driving with higher speeds, they are recommended to use speed-rated tires which have additional reinforcements and are better able to dissipate heat than standard tires.
• Installation: Bad Installation could cause stretching and tearing when the tire is not correctly positioned on the wheel or because of the lack of lubricant when mounting a tire. High performance tires on custom wheels can be easily damaged if they are not mounted properly.

If you have suffered tire failure, you are highly recommended to contact a qualified attorney for advice to take advantage of your legal rights and recover all financial loss from the accident.

Related Topics: Personal Injury and You, Auto Accidents, Trucking Accidents, Busing Accidents, Insurance.
-1-http://www.totalinjury.com/tire_failure.asp
-2-3-http://www.crash-worthiness.com/html/failure.html
      -4-http://www.suntimes.com/news/nation/1103070,nevcrash81208.article

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Trucking Accidents: Too Many Personal Injuries

Thursday, October 2nd, 2008

Trucking Accidents: Too Many Personal Injuries

As Loren Brown, Attorney at Law, of Westminster, Colorado explains, “Even minor driving errors on the part of a commercial truck driver, a vehicle driver or both parties can cause very severe accidents.  Trucks are bigger vehicles and there is a much greater force behind trucking accidents than associated with any other type of vehicle. Trucking accidents are the most catastrophic types of vehicle accidents and the implications for many are just as forceful.” In fact, the statistics in 2007 reflect the need for a closer look at the cause and effects of trucking accidents -1-, including:

· Trucking Accident totals close to 147,000, a 10% increase from 2003

· Injuries due to truck accidents were over 90,000

·  Fatal trucking accidents approximately 5,000

Trucking Accidents: Cause and Effect Accident Triggers

Truck drivers may be involved in accidents because of many different reasons, including, but not limited to:

· Defective truck parts.

· Lack of maintenance on trucks.

· Excessive weight loads reducing breaking and acceleration capacity.

· Difficulty associated with truckers seeing blind spots.

· Trucks driving too close to other vehicles leading to a reduced breaking capacity should a surrounding driver make a driving error.

· Smaller vehicles may drive in blind spots causing an accident when a truck attempts to maneuver.

· Small vehicles may attempt to pass or turn in front of a truck without much room and may not consider the amount of breaking time necessary or do not accelerate efficiently to avoid an accident.

·Small vehicles may lose optimal control of the vehicle due cross winds and air turbulence that may surround a truck and can contribute to an accident.

Personal Injuries

The types of injuries that can occur are often permanent, disabling and altering the life expectancy for work and pleasure of the inured party and others affected by trucking accidents, as follows:

· Death

· Spinal Injuries

· Traumatic Brain Injury

· Paralysis

· Amputation of Body Parts

· Facial Disfigurement

· Coma

· Fractures

Call to Action

Personal injury attorneys can help create a call to action for injured parties from trucking accidents. They have access to experts that can reconstruct the mechanics involved in the accident. Select personal injury attorneys focus on trucking accidents and are familiar with all aspects relating to trucking accidents. In addition, truckers have a black data collection box which is removed after an accident and evaluated to determine factors relating to the accident such as acceleration and breaking capacity.  There must also be a call to action on the part of the public to reinforce the need for proactive ways to avoid trucking accidents. It is critical for truckers and trucking companies to be responsible in meeting federal and state regulations. As James Shaw of San Antonio, Texas explains, “In my opinion there will more and more fatalities and other tragic losses as a result of big truck accidents. These accidents will continue to increase in numbers until the US Government takes real steps in the development of stronger safety standards and enforcement.” This includes the support of trucking managers and employees to satisfy annual inspection requirements, equipment checks for proper operation at every opportunity, and maintain weight load standards. Finally, some troopers receive special training to identify red flags that can contribute to failure to meet interstate regulations and trucking accidents. Yet, it may be difficult to manage the enforcement of trucking regulations today. According to Mike Roberts, Attorney at Law, of Gadsten, Alabama, “When regulations are not met, symptoms of companies that do not adhere to regulations are uncovered through regulation enforcement. Yet, there needs to be a greater budget for regulation enforcement to establish stronger regulations, provide more troopers dedicated to enforcement, and to bring greater penalties to those who violate regulations.” Too many trucking companies consider violations in weigh stations a cost of doing business instead of a reason to adhere to regulations.  In the end, all trucking accident victims and their affected families need support and personal injury attorneys can help.

Connected Topics: Personal Injury Attorneys and You, Product Hazards, Busing Accidents, Auto Accidents/Spinal Injuries, Personal Injury Compensation, Getting the Most Out of Your Insurance.  1- http://ai.fmcsa.dot.gov/mcspa.asp?SCREENRES=1440×900

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