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Can I Sue the Guy Whose Tire Blows Out and Causes an Accident

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A common legal question is, can you sue someone for something or other.  That is a really bad question.  You can sue anyone for just about anything, but the important question is whether or not you will prevail.  What good is it to sue someone, if you are going to lose.  In fact if you sue someone and don’t have a reasonable basis for it, you may end up getting sued by the defendant for malicious prosecution.

Besides the common can I sue question, all kinds of interesting question come up in accidents.  One such question is can you sue a person that causes and accident when the person’s tire blows out and prevail.  The answer is always depends.  Almost every legal question can be answered with depends.  When there is a car accident arising from a blown tire there are all kinds of question that need to be answered to properly evaluate the case, but the most important question is what did the driver of the car with the blown tire do wrong.  If you have the tire  you can probably answer the question, if the tire is long gone it is unlikely that you can answer the question.

If you have the blown tire to inspect, then an expert can look at the tire and give you an explanation and tell you that it was underinflated, worned out, or due to road hazards.  Sometimes the expert is still unable to give you an answer even after looking at the tire.  What is always guaranteed is that it will cost a lot of money to find out.  Sometimes thousands, sometimes tens of thousand and sometimes even hundreds of thousands.  Regardless of how the accident happen it is always a win for the expert -usually an engineer.

You may ask a dozen car accident lawyers to take your case and they may all decline.  If you wondered why, this is the reason.  The only sure winner is the expert.  Personal injury attorneys work on a contingency basis and will put their own money into helping consumers.  If they fail, not only will they not get paid for their time, but they lose whatever money they put into the case.  A very high risk case, is one where an attorney is unlikely to invest.  A blown tire is often such a case.

May 26, 2017 |
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