If you spend enough time driving on a highway, you are sure to drive by the scattered pieces of a blown-out or fragments of a tire tread separation, but what if one comes crashing down on your vehicle out of nowhere, leaving you seriously hurt. Such an accident occurred this week to a Staten Island man, who did not survive his injuries. Lately it seems there are more stray tire accidents in the news causing serious harm to drivers. It’s the second flying tire freak accident that killed someone in New York in less than a month.
The 64-year-old NYPD employee died when a stray tire flew off a private sanitation truck on the Gowanus Expressway and smashed into his windshield as he drove in the HOV lane, authorities said Wednesday. He sustained massive head trauma and was unresponsive when authorities arrived at the scene. He was later pronounced dead at a hospital. The Rav 4 also sustained heavy damage, authorities said.
So what recourse does one have? A family may be left devastated at the loss of a loved one and may want to seek compensation from the at fault party.
Both the driver of a truck as well as the company that owns the truck have a duty to perform regular maintenance on tires to ensure their safety and integrity, including NYC sanitation trucks. Should this inspection and maintenance fail to occur, carrier companies can be held liable for resulting tire failure. Tire inspection and maintenance should occur on a regular basis and should include:
The attorneys at Goldstein and Bashner will conduct an investigation to determine who is at fault if you are harmed in an accident caused by a flying tire, rolling tire or wheel-off. We will work closely with technical experts to help reach a settlement or recover in court. Our firm will answer any questions you may have and the consultation is free. Call us at 516-222-4000