Washington DC Motorcycle Accident Lawyer

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Driver Responsibility for Tire Blowout Accidents

Each year, many motor vehicle accidents are caused by tire blowouts. Drivers, passengers and even pedestrians can be injured in these accidents, just as a tire blowout can cause property damage.

If you suffered property damage or injury because of a tire blowout accident, an experienced Phoenix auto accident lawyer can help you gain compensation for your damages.

Tire blowout accidents are often the responsibility of the driver whose vehicle suffered tire damage. Sometimes the liability falls on others’ shoulders, also.


When Tire Blowout Accidents Are the Driver’s Responsibility

Drivers are required to drive according to their state’s laws and the circumstances of the environment in which they are driving. Drivers have a duty to make reasonable decisions behind the wheel.

If a driver is following laws and their vehicle suffers a blowout unexpectedly due to unavoidable roadway debris, he or she will likely not be held liable for an accident that follows their blowout. This is because the cause of the accident was the unavoidable debris, not the driver’s behavior.

However, if a driver experiences a flat tire and uses poor decision to handle the flat, he or she will possibly be at least partially responsible for an accident that results from that reaction. For example, swerving and slamming on brakes when a flat occurs will likely result in an accident. To avoid causing an accident, the driver should react to a flat by slowing the vehicle’s speed, signaling and pulling off the roadway.

Beyond a driver’s duty to regulate how they manage their vehicle while behind the wheel, there are other duties of driving. These two duties can also affect liability in a car accident after a blowout.


Duty to Inspect the Vehicle

When providing a citizen with driving privileges, the state is also entrusting that citizen with the duty to keep their vehicle in safe operating condition.

It is not necessary for a driver to know how to fix their car like a mechanic would. A driver should inspect their car for obvious hazards before getting behind the wheel, however.

If tires are not well maintained and become thread-bare or have an obvious defect, repair of these issues is the responsibility of the driver. He or she should not operate the vehicle until the problem is fixed. If a blowout causes an accident and the investigation determines the blowout was the result of an over-worn tire, the driver cannot claim they were unaware of the tire’s problem. This is because every driver has a duty to know if their tires are safe for the road.

If your accident involves a blowout caused by a defect in a tire, the driver’s mechanic or automotive specialist could also be found liable for the accident. Such would be the case if the vehicle was inspected by a mechanic who neglected to alert the car’s owner to the defect. In this situation, it would be up to a jury to decide whether the mechanic or the driver should have discovered the problem and fixed it before operating the vehicle.


Duty to Not Drive with Defective Equipment

When a driver is aware that their tire has a dangerous defect, they are obligated by law to not drive that car until it has been repaired. This duty has the same effect on a driver as the duty to inspect. If a tire blowout causes an accident, a driver who had a defective tire and operated the car without fixing it will be found liable.


When Tire Blowouts are Not the Driver’s Fault

There are instances where the driver is not at fault for a tire blowout that causes an accident. As previously mentioned in the defect situation, if a mechanic fails to do his duty during work on the vehicle or an inspection, he may be liable for the tire blowout accident.

Along the same vein, an improperly installed tire or installation of an ill-fitting wheel resulting in a blowout accident can be determined the fault of the mechanic or tire installer.

Manufacturers and retailers can also be held liable for these types of accidents. If a tire is defective as a result manufacturing or design, the manufacturer may be held responsible. Likewise, if a retailer damages a tire on the showroom floor and sells it anyway, that retailer can be held accountable for a tire blowout accident.


An Experienced Attorney Helps Victims of Car Accidents Due to Tire Blowout

When a tire blowout causes a car accident, the case of liability and compensation for damages can become complicated. A highly skilled car accident attorney will help you prove your case through expert testimony about the tire’s condition, possible prevention of the accident, whether the blowout was caused by a defect and who was responsible for such a defect.

Contact a local car accident lawyer today!


cantor-crane-website-logo-1Thanks to our friends at Cantor Crane for their insight into workplace injury reporting.

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The Effects of Injury on Your Relationships

When your life has been impacted by an injury, it’s easy to overlook the effect that this change might have on your relationship with your partner. As a Bethesda, MD therapist might explain, many couples will struggle to come to a “new normal” with regard to co-managing their lives. Here’s what to expect, and how to cope:

 

  • Communication is the single biggest challenge for couples overcoming injury together. When both partners are stressed, communication is likely to take on a new intensity that may be difficult to manage. Both partners may find themselves hesitant to express negative feelings for fear of burdening or overwhelming the other partner. These challenges are best managed through sincere, focused attention to the goal of healthy communication. Make a commitment to sit quietly together and speak honestly about relevant feelings and challenges at least once a day. The goal is to provide empathy—to give your partner the message that you understand what they are feeling, and that it matters to you. The goal is NOT to agree to feel the same way about something, or to try to make sense of WHY your partner feels the way they do. Feelings are often not logical, and it’s easy to get stuck if logic and emotion are at odds with each other.
  • Relationship roles that are well-established can be tough to change in the face of a serious injury or health condition. Many couples divide or alternate responsibilities, and a new system will likely be needed during and after recovery. Partners who previously considered their relationship to be egalitarian may be uncomfortable with a shift to a more hierarchical structure if, for example, the non-injured partner must make decisions for the injured partner that s/he would have previously made for themselves. You should expect and allow for an adjustment period while you work together to get these shifts figured out. Be open with close friends and families about what kids of changes you’re making to relationship roles so that they don’t inadvertently put pressure on the injured partner to fulfill old role expectations. Be gentle with each other, and expect that your partner will likely not do things the same way you did. The most important thing is that the necessary tasks get done, not that they get done a certain way.
  • The injured partner may be less able to fulfill responsibilities that they have taken on for much of the relationship, both during and after recovery. In addition to filling this gap, the non-injured partner will likely need to take on new responsibilities for the physical care of the injured partner. These tasks are best managed with a flexible and positive perspective. It may also help to let go of some expectations about how things will be managed. For example, if your pre-injury life included a spotless house and pristinely manicured lawn, that standard might not be functional in the post-injury period. Let yourself be OK with a little mess here and there. The most important thing is to spend time together and focus on recovery.

 

Bethesda MD therapist

Thanks to our friend and blog author, Lindsey Hoskins of Lindsey Hoskins & Associates, for her insight into the potential effects of an injury on your personal relationships.

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Am I Liable if Someone Borrows my Car and Gets in an Accident?

As a practicing Des Moines, IA personal injury attorney, I am often confronted with what I call the “cocktail party question”. That is, whether at a cocktail party or just hanging out at the pool, it is almost inevitable that someone, upon hearing I’m a lawyer, walks up and tells me a long and convoluted fact pattern followed with a, “can they do that?” This type of question to a fact pattern is never simple to answer, especially when I’m not wearing my lawyer hat! Another angle of the cocktail party question is when I’m asked a seemingly easy question but, due to missing information, I’m again at a loss. This latter scenario occurred just days ago, and I came away from the conversation feeling like I probably caused the poor lady who asked more confusion than she had when we first started talking. With a glimmer of hope that she will ever see this article, below I am attempting to offer her a more thorough answer than I had previously.

Her question to me? Am I Liable if Someone Borrows my Car and Gets in an Accident?

Again, a straightforward question with a challenging answer. The safest answer to this question is the oft-used, “it depends”. The reason “it depends” is due, in large part, to differences in laws from jurisdiction to jurisdiction. Therefore, if you are faced with this question, it is important to research the laws in your specific state to ensure accuracy.

That said, frequently the owner of a vehicle is indeed liable if they loan out their car and the driver gets in an accident. In many states, the priority for negligence claims stemming from a motor vehicle collision is owner first then operator. For example, you loan your car to your neighbor who proceeds to hit a pedestrian with your car. The victim would make their first claim for injury against your insurance policy then, if they are not fully compensated by your insurance carrier, they can then make a claim against the operator (neighbor). This situation is why some parents who buy cars for their kids choose to put the car and insurance in the child’s name as this help protect the parent should the child injure someone in an accident.

However, even in cases in which owner / operator isn’t the priority for claims, the owner isn’t necessarily off the hook should someone else crash their car. There is a claim that may be able to be brought called negligent entrustment in which the injured party might be able to make a claim against the owner for negligently entrusting your car to the person who injured them. While this claim isn’t made terribly often, it does exist and, under the right circumstances, can be made.

4b2ffd6a54db454c7eeed4b145f1447a Thanks to our friend and blog author, Christopher A. Johnston of Johnston|Martineau PLLP, for his insight into car accident liability.

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Injured in a Motorcycle Accident: What is a Good Settlement for My Pain and Suffering?

There are unique risks when one operates a motorcycle so it is especially prudent that motorcyclists know and understand what to do in case of an accident. Should you find the need to consult with a Washington DC motorcycle accident lawyer, you will have many questions. One such question will likely be, “What is a good settlement for the pain and suffering that resulted from my motorcycle accident?” First, let us explain what “pain and suffering” means.  A Washington DC vehicular accident lawyer will advocate for compensation for you  in two areas “special damages,” which include measurable costs such as hospital bills, physical therapy bills, medication and lost wages , and then “general damages,” which account for more abstract consequences of  the accident, part of which include your pain and suffering.  Some forms of pain and suffering include:

  • Physical discomfort or pain resulting from the accident, whether permanent or temporary
  • Emotional and psychological pain such as anxiety, insomnia, memory loss and depression etc.
  • Physical limitations resulting from the injury that prevent routine activities, prohibit enjoyment in hobbies, and affect your mental and physical ability to care for children and family, etc.
  • Loss of consortium, i.e. the inability to be intimate with a spouse

General damages are not without basis but rather, stem from the more tangible special damages or the measurable financial losses from the accident. There are two main subcategories of pain and suffering:

  • Current pain and suffering:  pain and suffering endured from the time of injury until treatment ends
  • Current and future pain and suffering: pain and suffering that begins with the injury and continues into a definite or even indefinite time in the future

Because it accounts for longer term costs, this latter form of pain and suffering generally yields a higher settlement because it accounts for future costs. However, exact future costs are harder to determine, so insurance claims adjusters often use that point to argue for a lower settlement. This is where a top-tier Washington DC motorcycle accident attorney can be especially helpful.  An experienced Washington DC motorcycle accident attorney will know how to make those harder-to-determine costs easier to understand and track.  One of the best ways to build a case and gain a fair pain and suffering settlement is to keep a detailed record of your injuries’ effects.  It may be helpful to keep a journal so you can accurately record your physical and emotional pain and suffering.  It is also wise to take photographs of the injuries you sustain as clear visuals help more directly convey the pain endured.  Bills and reports for psychological or psychiatric counseling treatment are also excellent indicators of the trauma a motorcycle accident has caused and aid in gaining a fair pain and suffering settlement.

For more information on calculating pain and suffering, schedule a free case evaluation with one of our Washington DC car accident attorneys today.

 

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