Filing a Claim for a Crash Caused by a Tire Blowout

Posted on behalf of Steve Terry
on April 29, 2022 in Auto Accidents
Updated on May 2, 2022

Drivers have an obligation to ensure their vehicles are safe to operate. That means they need to ensure their vehicles do not pose an unreasonable risk of a crash.

That is why drivers need to make sure their tires are in good condition. Over or underinflated tires increase the risk of a blowout that could easily result in a crash. When a tire blows out, a vehicle becomes much more difficult to control.

Drivers need to make sure their tires are properly inflated and replace old tires when they become too worn down. Worn down tires can blow out, but drivers can also easily lose control of their vehicle because the tires cannot gain traction on the road. Worn tread is worse in rain or snow conditions.

Below, we discuss tire blowout collisions, including liability and filing a claim if you were a victim of one of these crashes. Victims of these crashes should discuss the situation with a licensed attorney as insurance companies are always looking to underpay or deny claims.

What Causes a Tire Blowout Crash?

There are various reasons why a tire may blow out. Sometimes a tire blowout is not the driver’s fault. For example, a tire could get punctured by a rock or nail. As air slowly drains from the tire and the driver accelerates to a high speed, pressure can build up in the tire.

Blowouts can also be caused by:

Old Tires

Tires wear down over time, preventing them from expanding and contracting as they should because of temperature or pressure changes. Older tires can get more easily damaged and blow out.

Overloading

If a vehicle is carrying too much weight, it puts tremendous pressure on tires. Weight includes cargo and passengers. Worn tires are also at much greater risk from an overloaded vehicle.

Potholes

Sometimes a pothole can damage a tire so severely that it blows out. A pothole can cause a tire to expand or contract quickly.

Impact Damage

If you run over debris, a tire could blow out a mile or two later. The damage could be much worse than you initially thought.

Defective Tires

There may be a design or manufacturing flaw with the tire that causes it to break down. The tread can separate from the rest of the tire and cause a blowout.

What Happens When a Tire Blows Out?

The driver of a car that suffered a tire blowout will likely hear a loud pop when it happens. Your vehicle is likely to slow down a little as the blown tire is not going to continue rolling like normal. The vehicle is likely to pull toward the side with the blown tire, making the vehicle harder to control.

If your vehicle is carrying a lot of weight, it may be particularly difficult to gain control. It may be much more difficult to get the vehicle safely off the road.

These are all reasons why vehicles with blown tires are often involved in crashes. Drivers often panic and try to slam on the brakes, which is the worst thing you can do.

When the blowout occurs while the vehicle is traveling at high speed, the crash could involve multiple vehicles as other drivers may not be able to avoid a collision.

Liability for a Tire Blowout Collision

Often, the driver of the car that suffered the blowout bears fault for the crash that results. The driver may have over or underinflated the tire, left an old tire on the car or not dealt with damage to the tire, such as from a nail.

In some cases, the repair shop that worked on the vehicle could bear fault – maybe they over or underinflated the tires or failed to notify you the tires were old. Mechanics may be liable for failing to do proper repairs or at least notify the driver of a problem that could be a safety issue.

Other drivers may be at fault for negligence during the collision. For example, if you were in a multi-vehicle crash, another driver may have been distracted, speeding or failed to stay in his or her lane. If multiple parties are at fault, liability would be shared among those parties.

If the tire blowout was a result of manufacturer negligence, they may be held liable for your damages.

Fortunately, Minnesota drivers can seek compensation for medical bills and some other damages from their no-fault insurance. That means you can recover compensation no matter who is at fault.

Fault would be an issue in a claim against another driver’s liability insurance, which means your lawyer would need to prove another party caused your damages through negligence. Proving fault for a blown tire crash can be complicated, which is why you should strongly consider working with a lawyer. At TSR, there are no upfront fees for our services, and we do not collect our fees unless you get compensation.

Preventing a Tire Blowout

Preventing a blowout is mostly about doing routine maintenance on your vehicle. Your owner’s manual will say the proper pressure for the front and rear tires and the maintenance schedule should tell you when tires should be rotated.

Take the car to a mechanic you trust to determine when tires are too worn down to drive on. That way you know when tires should be replaced.

Use caution in areas where there may be a lot of debris, such as near a construction site. If you hit debris or a pothole, you may want to pull over and check your tires. You should also slow down to lessen the impact of debris on your tires.

Call TSR Injury Law Today to Discuss Your Crash

Have you been injured in a crash caused by another driver?

Our Bloomington car crash lawyers are ready to discuss your potential legal options in a free consultation. We have assisted many crash victims and have obtained millions on their behalf. We know this is a difficult time for you and how important it is to secure compensation for damages.

Give us a call today. We are ready to help. (612) TSR-TIME

How Memory Loss Could Impact Your Claim for Compensation

Posted on behalf of Steve Terry
on April 22, 2022 in Auto Accidents
Updated on April 25, 2022

Sometimes crash victims do not remember much of anything about their crash. Sometimes this is because they suffered a traumatic brain injury that has created gaps in their memory.

If someone was severely injured in the crash or the victim almost died, memory loss may be a side effect of the emotional trauma suffered by the victim.

There are other reasons someone may have impaired memory or no memory of the crash. Our attorneys discuss memory loss after a car crash below, including how it may impact a claim for compensation.

If you were injured in a crash, you can meet with one of our attorneys in a free consultation to discuss legal options. We have helped numerous crash victims and have a proven track record of securing compensation.

How a Crash Could Cause Memory Loss

A traumatic brain injury is one of the common reasons crash victims have memory loss. For example, crash victims often suffer concussions from a violent blow or jolt to the head. They could hit their head on the steering wheel, slam back into the headrest or strike their head on something else inside the car. There have been cases where outside objects break through the windshield and strike victims in the head.

It is important to note a concussion could result from a crash in which the victim did not suffer a blow to the head. The victim’s head could get thrown forward and backward so violently that it causes the brain to move and hit the inside of the skull.

A severe concussion could impair short and long-term memory, so the victim may forget things that happened long before the crash, in addition to the crash itself.

Crash victims may also forget the incident because of:

Substance abuse/impairment – If the victim was impaired by alcohol or drugs, he or she may not remember what happened. This may affect the victim’s ability to seek compensation because the victim is likely at fault for the crash.
Cognitive impairment from before the crash – Older drivers may have cognitive impairment because of a condition like Alzheimer’s or dementia.
Emotional response/survival response – When someone is involved in a bad crash, such as one in which they nearly died or someone else died, they may forget about it as part of an emotional response. The brain is focused on survival instead of creating memories, which is why victims may not remember much about the crash.

Building a Case if You Cannot Remember the Crash

There are various pieces of evidence your lawyer may use to build your case for compensation. For example, the police report documents the crash and may indicate which driver the officer believes is at fault. If the other driver was issued a citation, it can go a long way in proving negligence.

Eyewitness testimony can also be useful, such as testimony from another driver or pedestrians who were in the area at the time of the crash. However, it depends on how reliable the witness is and what he or she was able to see.

There may be pictures of the crash taken by witnesses, law enforcement or others involved in the crash. These images may help your lawyer gain a better understanding of what happened.

Video footage of the crash can also help validate a case. For example, there may be a surveillance camera in the area that captured the crash. Traffic cameras may have also captured the collision.

If the vehicles involved have event data recorders, data from these devices can help the victim’s attorney determine what happened. These devices store a variety of data, including speed, braking, acceleration, deployment of airbags, use of seat belts and more.

It is also possible to reach conclusions about what caused a crash by analyzing damage to the vehicles involved. The location of damage could indicate that one driver was negligent by violating the other driver’s right of way. The amount and extent of damage could indicate how fast another vehicle was traveling. Your lawyer may bring in an accident reconstruction expert to further determine what the crash damage says about what happened.

How do Insurers View Crash Victims Who Have Memory Loss?

Car insurance companies are looking for some reason to deny a claim or diminish its value. They often do this by attacking the victim’s credibility. If the victim does not remember what happened, the insurance company may say there is no case. They may quickly deny the claim or make a lowball offer.

However, you can still seek compensation as there are other ways to validate your claim. You should discuss the situation with a licensed attorney. Some crash victims take the insurance company’s word for it even though they may still be able to obtain compensation.

If you have memory loss, it is probably a bad idea to talk to the insurance company. You may say something that hurts your case without realizing it. The attorneys at our firm know how to protect a claim when talking to insurance companies.

Contact TSR Injury Law Today to Discuss Your Crash

Give us a call to schedule a free consultation with a licensed Bloomington-based auto accident attorney. There is no obligation to hire our firm after this meeting, so there is no risk to you. We can explain how we may be able to assist you during this difficult time.

No upfront fees. No risks. Call today to learn more. (612) TSR-TIME

Liability for a Car Crash Caused by Loose Cargo

Posted on behalf of Steve Terry
on April 14, 2022 in Auto Accidents
Updated on April 25, 2022

Although most vehicles on the road are loaded properly, sometimes, cargo can be improperly secured. Loose or falling cargo can create a dangerous hazard for other drivers. The cargo may fall off the back of a vehicle and cause a car crash, which may lead to serious injuries and significant property damage.

If you or a loved one were injured in a car crash caused by loose cargo, it is important to understand your available legal options. An initial consultation with a vehicle accident lawyer in Bloomington is free of charge and comes with no obligation to retain our services. We only get paid if we help you recover compensation.

Call (612) TSR-TIME for legal help today.

Negligence in Securing Cargo on a Vehicle

Negligence can result in devastating car crashes. A driver who does not properly secure cargo to his or her vehicle may be deemed careless or negligent. Perhaps the driver loading and transporting the cargo felt that the cargo would be too heavy to shift and did not need additional strapping.

Regardless of his or her reasoning, loose or unsecured cargo can cause significant damage, particularly when it was on a car traveling at a high rate of speed. Cargo that can create a dangerous road hazard includes, but is not limited to:

Furniture, such as mattresses and dressers
Appliances, such as refrigerators and washing machines
Equipment, such as work tools and wood
And more

Cargo can sometimes fall off a vehicle and onto the road. The cargo may hit a vehicle or injure an occupant in the vehicle or cause the driver to lose control of his or her vehicle and crash. Crashes may also happen because another driver tries to swerve out of the way to avoid hitting the fallen cargo.

Loose cargo may also fall on top of a vehicle’s hood or go through the vehicle’s windshield. The injuries sustained can be life-threatening.

Improperly secured cargo may even cause issues if it remains in the vehicle. When cargo is not evenly distributed, it can make the vehicle harder to control and increase the risk of a crash. Unsecured cargo that shifts inside a vehicle may cause it to tip over.

State Law on Securing Cargo

Section 169.81 of the Minnesota Statutes outlines the proper way to load and secure cargo to vehicles. A vehicle cannot be driven on any highway carrying cargo unless it has been securely covered. The cargo must be secured well enough to prevent it from dropping, shifting, leaking, blowing or escaping.

If a cargo shifts and falls off one vehicle and hits another vehicle on the road, the driver carrying the cargo may not be automatically liable for damages. A car crash may still happen even if the assumed at-fault driver did anything and everything possible to secure the cargo properly to his or her vehicle.

Liability is also often shared by multiple parties. The party that loaded and secured the cargo may have loaded the cargo incorrectly or failed to use adequate tie downs or other devices to secure the cargo.

If you have been harmed due to someone else’s negligence, you may have grounds to pursue a legal claim to help cover your medical bills and lost wages. It may be in your best interest to speak with an experienced lawyer who can protect your rights and help you prove the other driver’s careless actions.

Do Drivers Have a Duty to Avoid Fallen Cargo?

Every driver has a legal duty to operate his or her vehicle safely and responsibly. Part of this legal duty is to be alert on the road and look for any potential hazards. All drivers should to take precautions to avoid fallen cargo:

The driver was following the vehicle with the cargo too closely
There was some sort of warning that the cargo was in danger of falling and the driver behind the vehicle with the cargo had sufficient time to react

If the driver kept a safe following distance and was not aware of any known potential hazards, a car crash caused by loose cargo would have more than likely been out of the driver’s control.

Ways to Stay Safe on the Road in Minnesota

Drivers who decide to transport any cargo on their vehicles must make sure that the cargo is properly secured before getting on the road. Some safety measures that should be taken include:

Covering the cargo with secured tarps
Using thick rope and vehicle tie downs
Not overloading the vehicle with cargo
Inspecting the cargo between stops

Ways you could also stay safe and help reduce the risk of a car crash include:

Remaining alert and focused at all times
Slowing down if you spot potential road hazards
Avoiding tailgating so you have time to make evasive maneuvers

Reach Out to Our Firm for a Free Case Review

Loose cargo can cause serious car crashes. If you or someone you care about has been injured or killed in a crash, our lawyers at TSR Injury Law are here to help. You may be able to pursue compensation to help cover your medical bills, lost wages and other crash-related losses.

Contact us to learn more about how we may be able to help. The initial consultation we offer costs nothing so there is no risk to you. If we determine that you have a valid claim, there are zero upfront fees to hire our firm. We only get paid if we help you obtain compensation via a settlement or verdict.

Licensed. Local. Lawyers. Ph: (612) TSR-TIME.

Why Car Insurers May Wrongly Assign Fault to the Victim

Posted on behalf of Steve Terry
on April 12, 2022 in Auto Accidents
Updated on April 25, 2022

Car crashes are usually the result of negligent driving. Many accidents are caused by speeding, distracted driving, violating another driver’s right of way or tailgating.

Car insurers know this, but they often blame crash victims for things that are unrelated to the cause of the collision. Below, we discuss when car insurers may have wrongly assigned fault to the victim of a crash.

Our Minneapolis-based car crash lawyers have many years of combined experience dealing with insurance companies. We know the tactics they use to try to devalue or deny claims. We also know how to aggressively pursue the full compensation crash victims need.

Minnesota’s Comparative Fault Law

Even though Minnesota is a no-fault state, fault is always an issue during a car crash claim. The at-fault driver’s insurance company has an incentive to minimize its liability for your damages.

If the insurance company can prove the victim shares some blame, they can devalue his or her claim under Minnesota’s comparative negligence law. This law says the value of the victim’s claim is reduced based on his or her percentage of fault for the crash.

For example, if you are found to be 10 percent at fault, the value of your claim could be reduced by 10 percent. If your percentage of fault is greater than the at-fault driver’s percentage of fault, you are barred from recovering any compensation no matter how injured you are.

Reasons Insurers May Give for Assigning Fault

There are various reasons car insurance companies may assign fault to crash victims, including:

Distracted driving (texting and driving, not paying attention to the road, etc.)
Speeding
Failing to yield the right of way

Tailgating
Drowsy driving or falling asleep at the wheel
Disobeying a traffic signal or stop sign

These are legitimate reasons to assign fault to a victim. The insurance company would need to provide evidence to prove the victim was engaged in some form of negligent driving.

However, insurance companies may assign fault for other reasons, such as:

Your License Plate Was Expired

It is certainly negligent to drive with an expired license plate, and you can be fined for failing to renew your registration before the deadline. However, your expired license plate is unrelated to what caused the crash to happen.

If the insurance company tries to use this as an excuse to deny or devalue your claim, you should contact an attorney for assistance.

You Received a Traffic Citation for Something Unrelated to the Crash

Traffic citations can impact car crash claims. However, it all depends on what the citation was for. If you were rear-ended and one of your taillights was not working, that may be a reason to deny or at least devalue your claim.

If you were cited for an expired license plate or expired license, it should not affect the value of your claim. Even in a first-party claim, your expired license may not matter, unless your policy says coverage is voided if you have an expired license. However, in most cases, all that matters is if you had a valid license at the time that you bought or renewed your policy.

You Were Not Wearing a Seat Belt

Minnesota law prohibits the use of evidence of not wearing a seat belt in a personal injury case. That means not wearing a seat belt cannot be used against you to assign fault for the crash.

It could certainly be argued that not wearing a seat belt made your injuries worse. Studies have shown that wearing seat belts can dramatically reduce the risk of death or severe injury in a crash. However, the central issue is what caused the crash. The decision to not wear a seatbelt is unrelated to what caused the crash.

It is important to take what the insurance company says with a grain of salt. They have an interest in assigning fault to you because it may reduce the value of your claim. That means less money out of their pocket. Unfortunately, that may also mean less money in your pocket.

If the insurance company makes claims about your role in the crash, you should discuss those claims with a licensed attorney. Unlike the insurance company, the attorneys at our firm are committed to your best interests.

TSR Injury Law is Ready to Help. Contact Us for Assistance

For more than two decades, the attorneys at TSR Injury Law have been helping those injured in motor vehicle crashes. We have vast experience negotiating with insurance companies and are prepared to go to trial if necessary to secure the compensation our clients need.

An initial legal consultation is free of charge, and there is no obligation to take legal action after this meeting. If you decide to hire our firm, there are no upfront fees. That means working with us does not come with financial risk.

Call us today to learn more: (612) TSR-TIME

Police Stepping Up Enforcement of Hands-Free Law During Distracted Driving Awareness Month

Posted on behalf of Steve Terry
on April 5, 2022 in Auto Accidents
Updated on February 10, 2023

On Friday, Minnesota police and state troopers began their monthlong push to educate the public about the dangers of distracted driving and issue warnings and tickets to violators. April is National Distracted Driving Awareness month, when Minnesota and several other states look to crack down on distracted driving.

Under state law, drivers are prohibited from holding a phone. They can use devices that respond to voice commands or a single touch to activate to:

Make phone calls
Send text messages

Listen to music or podcasts
Get directions to where they are going

However, the law makes it illegal to use the internet, post on social media, stream video or read or write an email while behind the wheel. The first time a driver is caught breaking the law he or she will be fined $100. Subsequent offenses carry a $300 fine plus court costs.

The hands-free law passed in 2019 and it may have contributed to a decline in distracted driving deaths. In 2021, the number of deaths and serious injuries from distracted driving crashes hit a four-year low — There were 26 distracted driving deaths and 101 serious injuries.

All month long there will be public service announcements sent out on TV and social media and posted on billboards. U.S. Senator Amy Klobuchar is speaking at a virtual press conference for the National Highway Traffic Safety Administration (NHTSA). The goal of the press conference is to highlight law enforcement strategies for holding distracted drivers accountable and prevent this dangerous behavior.

In previous years, law enforcement efforts only lasted a few days or weeks, but this year it will last the entire month.

Enforcement and education campaigns have been proven to change behavior, according to Mike Hanson, director of Minnesota’s Office of Traffic Safety. Distracted driving crashes still make up about one in nine crashes in the state.

Campaigns like Distracted Driving Awareness month are also necessary because drivers keep coming up with strategies for breaking the law. For example, drivers may hide phones behind gloves, lean them against the steering wheel or put them on their lap.

Injured in a Crash? Call TSR Injury Law

If you were injured or lost a loved one in a car crash that involved distracted driving, give our firm a call today. There are no upfront fees and no obligation to hire our firm after your initial legal consultation.

Our Bloomington vehicle accident lawyers have secured millions on behalf of crash victims in Minnesota and are ready to help you during this challenging time. We do not get paid unless we recover compensation on your behalf.

Give our firm a call today for assistance. (612) TSR-TIME

Month: April 2022