$48.5

Million

We Won $48.5 Million in a Truck Accident Case

In this case, we took more than 60 depositions in five different states. Because of Stephenson’s tireless advocacy, shortly before the trial was to commence, the defendants settled the case for $48.5 million.

A Truck Accident Lawyer Can Help Get You Compensation

When a tire blows on big tractor-trailers, it can cause a catastrophic accident resulting in major property damage and serious injuries. When tires blow, truck drivers lose control and may jackknife, fishtail, tip over, and cause multi-vehicle accidents and devastation to anyone involved.

Those who survive often face debilitating injuries that can include head, back, neck, brain and spinal cord damage, paralysis, amputations, and broken bones. Recovery can require expensive long-term rehabilitation and continuing care. The resulting pain and trauma can affect your financial situation and ability to work, family life, and relationships for a lifetime.

If you or a loved one has been injured or someone has died due to a commercial vehicle accident caused by a truck tire blowout that was another party’s fault, you may be entitled to compensation for your losses through insurance or a lawsuit. However, Indiana laws are complicated, and insurance companies are out for profit and will try to get you to settle for as little as possible. Making mistakes are costly, and it’s difficult to know where to turn.

Fortunately, you do not have to fight for benefits alone. The truck tire blowout accident attorneys at Stephenson Rife, LLP can take the burdens off you by dealing with the complex laws, multiple parties, and insurers that truck accident cases involve. We understand what a difficult time this is for you and will handle all negotiations, investigations, and legal hurdles involved with proving liability and winning your case, so you can concentrate on your recovery.

We provide a free consultation to discuss the details of your accident and determine the best way to move forward. You pay nothing unless and until we win, so call us today.

Call (317) 680-2350 now for your free, no-obligation case evaluation

Our Truck Accident Lawyers Win Big

Our Stephenson Rife truck accident lawyers have won major settlements over the years. For example:

We Won $48.5 Million in a Truck Accident Case
In this case, we took more than 60 depositions in five different states. Because of Stephenson’s tireless advocacy, shortly before the trial was to commence, the defendants settled the case for $48.5 million.

Truck Tire Blowout Accident Lawsuit

How Our Attorneys Fight for Compensation

Accidents that involve big rig truck tire blowouts are complicated, because complex trucking rules and regulations from Federal Motor Carrier Safety Administration (FMCSA) apply to commercial vehicles. In addition, there are often multiple defendants who may be held liable for your injuries, and doing so involves identifying them and proving how they were at fault.

When you hire Stephenson Rife attorneys to fight for you, we will:

  • Meet with you, listening to your version of what happened, and determining whether you have a lawsuit, what the case should be worth, and the best way to deal with it.
  • Investigate your case to determine how it happened and locate all at-fault parties. This involves examining the crash scene, interviewing eyewitnesses and first responders, examining records and truck black box data.
  • Gather and preserve evidence to build your case such as photos and videos from traffic cameras; truck maintenance and tire inspection records; pictures of damage to vehicles and skid and tire marks; police, ambulance, phone, and medical records; the truck’s black box information; and past citations for safety violations.
  • Hire experts to reconstruct the accident and testify on your behalf as to who was at fault, the extent of your injuries, the effects on your earnings, the home and vehicle modifications and continuing care you may need in the future, and the physical and emotional effects on you and your family.
  • Negotiate with insurers for a fair settlement. Insurance companies are more likely to take your case seriously if they know you have an attorney on your side willing to take your case to court.
  • Build your case and prepare it for trial if a fair settlement cannot be negotiated and present it in front of a judge or jury. We will be there at every stage of the legal process, from filing pretrial motions, to discovery, to presenting evidence and making closing arguments, to filing an appeal.

It’s important to contact our attorneys as soon as possible, while evidence is fresh and witnesses can be found. In addition, there is a statute of limitations in Indiana, which is a deadline for filing. According to the law (Indiana Code (IC) 34-11-2-4(3)), you must file a claim for personal injury or wrongful death within two years or the courts will not hear your case.

What Causes a Semi-truck Tire Blowout?

In some situations, the blowout can be accidental, with no one at fault, but more often there are one or several parties who can be liable for the accident. Indiana is a “fault” state, which means that to receive compensation, you must prove that other parties were at fault in causing the accident. In investigating your case, our attorneys will look to determine the cause of the blowout so we can find all at-fault parties and hold them accountable.

Some main causes of tire blowouts include:

  • Driver error, including excessive braking, fast maneuvers, failure to see and avoid road hazards, or failure to inspect the tires for sufficient treads or correct tire pressure. You may be able to sue the driver or the trucking company.
  • Manufacturing defects and defects in design that make tires more prone to cracks, holes, and blowouts. You may be able to sue the manufacturer for product liability.
  • Poor maintenance, including improper inflation of tires and failure to inspect tires as required under the Federal Motor Carrier Safety Regulations (FMCSR). You may be able to sue the trucking company, the driver who had a duty to inspect the tires, or the maintenance company.
  • Excessive weight when trucks carry loads heavier than their maximums, creating too much pressure on tires. You may be able to sue the cargo company that loaded the truck.
  • Poor road conditions, potholes and debris that damage tires. You may be able to sue the road maintenance company or the municipality.

An 18-wheeler or Other Truck Tire Blowout Hit My Car

Tire blowouts are common on big 18-wheeler tractor-trailers and other large trucks. When industrial tires blow, it can create an explosive condition that results in rubber and parts of the tire and wheel flying off and becoming projectile missiles that can do great damage. If your vehicle was hit by a truck tire blowout that was caused by someone else’s negligence or fault, our attorneys will fight to get you compensation.

Large trucking companies are in business to make money and often take shortcuts to increase profits. Tires can fail and blow out when under- or over-inflated or when trucking companies use retreads or tires that have been repaired to save money. In these situations, the trucking company could be held liable. If the problem was caused by a tire that was defective in design or manufacture or a mechanic improperly made repairs, these third parties may be liable if their actions contributed to the blowout.

Truck Tire Blowout Lawyers Must Prove Negligence

To win your case, our Indiana truck accident lawyers would have to prove that another person or entity had a duty not to cause harm and that, due to negligence, they caused a crash that resulted in the damages you incurred.

To prove fault legally, our attorneys must show the existence of the following elements:

  • Duty — The defendant owed you a duty of care not to cause harm.
  • Breach — The defendant breached that duty by acting or failing to act.
  • Cause – This action or failure to act caused blowout that resulted in your injuries.
  • Damages — You suffered damages as a result.

We would do this by thoroughly investigating the case and collecting evidence as to what caused the tire blowout, finding all liable parties, and hiring experts to provide testimony as to fault and damages. It’s important to contact our truck accident attorneys quickly, so vital records such as the driver’s and dispatcher’s logs, inspection and maintenance records, the truck’s “black box” and other evidence can be preserved and utilized to prove negligence.

Damage Awards Our Commercial Truck Accident Lawyer in Indiana May Win for You

In a successful lawsuit in Indiana, our attorneys can win an award for compensatory damages. The damages award covers losses and costs for both your economic damages for specific monetary losses and your non-economic damages for losses that may not have a specific dollar value but negatively impact your life. These may include:

  • Medical and rehabilitative and equipment costs
  • Lost wages and future earning capacity
  • Property damage
  • Pain and suffering
  • Permanent disability
  • Disfigurement and permanent scarring
  • Loss of enjoyment of life
  • Mental anguish and emotional distress.

Punitive damages may also be awarded in some rare circumstances to punish negligent parties for willful negligence or especially egregious behavior, and to act as a deterrent for similar misconduct in the future.

Amounts of Damage Awards

There are a wide range of damage award amounts you may receive in a successful truck accident case, depending on the circumstances. Factors which may affect a settlement amount include:

  • Extent and permanence of your injuries and the need for continuing care
  • Lost earnings and whether you will be able to work in the future
  • Your age, earning potential, and family situation
  • Costs of your losses
  • The insurance coverage available
  • Whether the accident resulted in death
  • The availability of evidence and witnesses to help prove your case
  • The individual jurisdiction, judge, and jury if there is a trial
  • The skill and negotiating power of your attorney.

In general, if your injuries involve permanent damage and require long-term care or if a death is involved, it may result in a higher settlement. If there are multiple parties at fault and they have insurance and/or assets, the settlement may be higher.

Our Stephenson Rife truck accident lawyers know from experience how much compensation you should receive based on the individual factors involved.

Request a FREE Consultation (317) 680-2350

Truck Blowout Accident Attorneys Provide Answers to Questions

If you have been in a truck tire blowout accident, it’s natural to have questions and concerns. The following are some answers to questions our attorneys are frequently asked:

  • Tire blowout is one of the leading causes of truck crashes in America. According to the latest statistics from the National Highway Traffic Safety Administration, tire-related crashes caused 612 fatalities in 2019.

  • Insurance adjusters are not on your side, so the less you say to them, the better. While trucking companies are required by law to carry substantial insurance, insurance companies are interested in their bottom line and want to pay as little as possible. They may try to get you to say something that shows you were at fault or make a lowball offer to settle your claim quickly. Once you accept their offer, it may keep you from being able to receive the full settlement you are entitled to should your injuries worsen.

    Tell the insurance companies to speak to your attorney and let us handle questions and negotiations. Once they know that there is an attorney at your side who is willing to go to trial, they are likely take your case more seriously and come up with a legitimate offer.

  • When a truck accident results in a death, our attorneys may be able to file a wrongful death lawsuit under the Indiana Adult Wrongful Death Act (AWDA), (Indiana Code 34-23-1-2). This is similar to a personal injury case where the personal representative of the deceased person seeks compensation since the deceased can no longer do so. Claims must be filed within two (2) years of the death, and the damages include reasonable medical, hospital, funeral and burial expenses, and lost earnings of such deceased person.
  • In most cases, large commercial trucking companies and their insurance companies have a team of powerful injury lawyers, investigators, and insurance adjusters working to minimize your settlement. Our Stephenson Rife truck accident attorneys work with investigators and experts in accident reconstruction to determine how your trucking accident occurred and who may have been at fault. We know the courts, the system, and how insurers operate, and we are fully prepared to find all potentially liable parties and hold them responsible for the optimum settlement you deserve.

Call Our Tire Blowout Attorneys to Get Justice for Your Claim

Truck tire blowout accidents require extensive investigation and experience. At Stephenson Rife, our truck accident lawyers know how to pursue positive results, no matter what legal challenge your case involves. We provide caring, confident, and cost-effective service you can count on, which is why we are the law firm that other law firms consult.

Find out what we can do for you by calling us today at (317) 680-2350 for your free, no-obligation consultation. We work on a contingency basis, so there are no fees to you unless and until we win your case.

Attorney Mike Stephenson

Attorney Mike Stephenson has 40 years of experience and is a trusted advisor to many individuals and companies. His current practice is dominated by civil litigation in state and federal courts. He focuses much of his time on handling catastrophic injuries caused by all types of accidents, including motor vehicle, trucking, workplace injuries, product liability, just to name a few. Mike is a proven advocate and trial attorney. He has served as lead trial counsel in more than 100 civil jury trials, and has handled litigation in 18 states. [ Attorney Bio ]