
Home » Portland Personal Injury Blog » Who Is Liable for a Crash Caused by a Semi-Truck Tire Blowout in Portland?
Posted on May 24, 2021 in
Truck accidents can occur for several reasons, from negligent driving behaviors and defective vehicle parts to violations of federal trucking guidelines. In some cases, a tire blowout may cause the collision. Blowouts are frightening incidents where a tire explodes while a vehicle is traveling—and if that vehicle is a large semi-truck, devastating accidents can occur. If you suffer injuries due to a semi-truck tire blowout in Portland, you may file a lawsuit against the liable party. Depending on the cause of the blowout, many parties could be responsible—including the driver, his or her employer, or the tire manufacturer.
What Causes Semi-Truck Tire Blowouts?
Semi-truck tire blowouts can occur for several reasons. Warm weather and poor road conditions may contribute to these blowouts. However, there are certain situations where a driver’s negligence—or negligence on the part of the driver’s employer—is responsible for the blowout. In some cases, a tire may be improperly manufactured or contain design defects.
- Potholes: When a tire drives over a pothole hard enough, the impact can pinch the tire’s components and cut through its rubber, leading to a blowout.
- Overloading: Even if a tire is in pristine condition, an overloaded truck can place too much pressure on the tire. This weight can contribute to a blowout.
- Defective design or manufacturing: A tire may have an inherently dangerous design that makes it prone to blowouts, or it may suffer an error during manufacturing that makes it unusually weak.
- Underinflation: Many blowouts occur due to improper air pressure within the tire. It is the responsibility of the driver and his or her employer to ensure that a tire has the proper pressure before the truck begins its journey.
- Poor maintenance: Trucking companies must maintain and inspect their fleet of vehicles on a regular basis. Ensuring that tires are in good condition is an important part of this process. If a company fails to ensure tire safety, a blowout can occur.
Liability in Truck Tire Blowout Accidents
If a driver or trucking company’s negligence is responsible for the blowout, that person or entity will be liable for your collision. According to the legal doctrine known as respondeat superior, a trucking company will always be legally responsible for the actions of its employees while they are performing their job duties. If the truck driver is an independent contractor, however, the company will not be liable for his or her actions if the blowout occurred due to the driver’s negligence. If the tire blowout occurred to a design or manufacturing defect, the driver and his or her employer are not likely to be liable. In this situation, the manufacturer of the defective tire will be liable for the collision. You may need to consult with expert witnesses who can examine the tire and determine the cause of the defect. A third liability scenario involves dangerous or defective road conditions, such as potholes. If the blowout occurred due to an improperly maintained road, you could file a claim against the government agency responsible for maintaining that road. If you can prove that the agency knew about the hazard and failed to repair it, you may have grounds for a claim. If you arein an accident due to a truck tire blowout, contact a truck accident lawyer in Portland as soon as possible. Your attorney will help you identify the liable party and determine your optimal path to compensation.
Contact Our Truck Accident Attorneys in Portland, OR – Tillmann Law Personal Injury Lawyers
If you were injured in an accident, contact our Portland Truck accident lawyers at Tillmann Law Personal Injury Lawyers to schedule a free consultation today. We serve all throughout Multnomah County and Oregon.
We proudly serve all throughout Multnomah County in Oregon. Visit our office at:
Tillmann Law Personal Injury Lawyers
101 SW Main St. #1905
Portland, OR, 97204
(503) 773-3333
Hours: Open 24/7
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Frequently Asked Questions
Do I need a personal injury lawyer for a car accident in Portland?
If you have been involved in a car accident in Portland, it is highly recommended to consult a personal injury lawyer to ensure your rights are protected and you receive the compensation you deserve for your injuries.
How do I choose a reliable personal injury attorney in Portland?
Choosing a reliable personal injury attorney in Portland involves considering their experience, success record, and client testimonials to ensure they have the expertise to effectively represent your case and secure fair compensation.
Can a personal injury attorney in Portland help with lost wages?
A personal injury attorney in Portland can help recover lost wages from missed work due to an accident or injury. They can negotiate with insurance companies to ensure fair compensation for lost income.
Can a Portland personal injury attorney help with medical bills?
A Portland personal injury attorney can help with medical bills by negotiating with insurance companies and healthcare providers to get your medical expenses covered as part of your personal injury claim settlement.
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Hiring a personal injury lawyer in Portland can provide benefits such as navigating the legal system, maximizing compensation, and ensuring your rights are protected after an accident.
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Finding the best personal injury attorney in Portland involves researching their experience, success rate, and client reviews to ensure they have the expertise to handle your case effectively and secure the compensation you deserve.
How does a Portland personal injury attorney prove negligence?
To prove negligence, a Portland personal injury attorney must demonstrate that the defendant failed to exercise reasonable care, their actions directly caused the plaintiff's injuries, and the plaintiff suffered quantifiable damages.
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Finding a reliable personal injury lawyer in Portland involves researching local firms, reading client reviews, and consulting with lawyers to assess their experience and success in recovering compensation for personal injury cases.
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Personal injury attorneys in Portland negotiate with insurance companies to secure fair compensation for their clients' injuries, medical expenses, and other damages by leveraging their legal expertise and negotiation skills.
What are the common cases handled by Portland personal injury attorneys?
The common cases handled by Portland personal injury attorneys include car accidents, motorcycle accidents, pedestrian accidents, slip and fall incidents, medical malpractice, and workplace injuries, providing legal representation to help clients recover compensation for their injuries.
How do I choose the best personal injury lawyer in Portland?
Choosing the best personal injury lawyer in Portland involves considering their experience, success rate, communication skills, and accessibility to ensure you receive the highest level of legal representation for your case.
Can a personal injury lawyer help with lost wages in Portland?
A personal injury lawyer in Portland can help recover lost wages from an accident, including past and future lost income, to ensure fair compensation for the victim.
What is the process of filing a personal injury claim in Portland?
The process of filing a personal injury claim in Portland typically involves gathering evidence, filing a claim with the at-fault party's insurance company, and potentially pursuing legal action if a fair settlement cannot be reached.
What is the role of a personal injury lawyer in Portland?
The role of a personal injury lawyer in Portland is to provide legal representation and assistance to victims of accidents, helping them secure fair compensation for their injuries and losses.
Can a personal injury lawyer help with pain and suffering in Portland?
A personal injury lawyer in Portland can help recover compensation for pain and suffering experienced due to an accident or injury, including medical expenses, lost wages, and other damages.
How long does a personal injury case take in Portland?
The duration of a personal injury case in Portland can vary depending on the complexity of the case and the extent of the injuries. On average, personal injury cases in Portland can take anywhere from 6 months to 2 years to resolve.
What is the average settlement for personal injury cases in Portland?
The average settlement for personal injury cases in Portland can vary widely depending on the severity of the injury, medical expenses, lost wages, and other factors. Settlement amounts typically range from tens of thousands to millions of dollars.
What is the average settlement in a Portland personal injury case?
The average settlement in a Portland personal injury case can vary widely depending on the severity of the injuries, liability, and other factors, but typically ranges from tens of thousands to millions of dollars.
Can a personal injury lawyer help with medical bills in Portland?
A personal injury lawyer in Portland can help with medical bills by negotiating with insurance companies and recovering compensation to cover medical expenses related to the injury.
What are the qualifications of a personal injury attorney in Portland?
The qualifications of a personal injury attorney in Portland typically include extensive experience handling a wide range of personal injury cases, in-depth knowledge of local laws, and a proven track record of securing fair compensation for injured clients.
What is the statute of limitations in Portland personal injury cases?
The statute of limitations for personal injury cases in Portland, Oregon is generally two years from the date of the incident.
How much does a personal injury attorney in Portland cost?
The cost of a personal injury attorney in Portland can vary, typically ranging from a contingency fee of 33-40% of the settlement or award amount recovered on the client's behalf.
How much does a personal injury lawyer cost in Portland?
The cost of a personal injury lawyer in Portland can vary, typically ranging from 33-40% of the client's final settlement or award, plus additional expenses. The specific fees are determined based on the complexity of the case and the services required.
What is the role of a personal injury attorney in Portland?
The role of a personal injury attorney in Portland is to provide legal representation and assistance to victims of accidents, helping them secure fair compensation for their injuries and losses.
How does a personal injury lawyer get paid in Portland?
Personal injury lawyers in Portland typically work on a contingency fee basis, where they only get paid if they successfully recover compensation for their client's injuries.
Do personal injury attorneys in Portland offer free consultations?
Personal injury attorneys in Portland often offer free consultations to evaluate your case and provide guidance on the legal process.
What are common personal injury cases in Portland?
Common personal injury cases in Portland include car accidents, slip and fall incidents, premises liability, dog bites, and medical malpractice, where victims may seek compensation for their injuries and damages.
What are the most common causes of personal injury in Portland?
The most common causes of personal injury in Portland include motor vehicle accidents, slip and fall incidents, workplace accidents, and pedestrian/bicycle collisions.
What are the benefits of hiring a Portland personal injury attorney?
Hiring a Portland personal injury attorney can provide crucial benefits, such as navigating the legal process, negotiating with insurance companies, and maximizing the compensation for your injuries and losses.
What should I expect during my consultation?
During your consultation, you can expect a thorough review of your personal injury case, an assessment of your legal options, and a discussion on how Tillmann Law can assist in securing the compensation you deserve.
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