Archive for the ‘ Train Accident ’ Category

21
May

Can I Sue the Manufacturer if a Faulty Tire Caused My Accident?

May 21, 2019

Your car’s tires help you to avoid obstacles and control your car at high speeds as you drive. A faulty tire can cause a catastrophic car wreck that leaves you reeling. Expensive medical bills, lost wages while you are in the hospital or without transportation, and post-traumatic stress are just a few of the ways you can suffer afterward. Severe injuries or the loss of a loved one can impact you for the rest of your life. You may be able to sue the manufacturer under Indiana law for damages if there is evidence that a defective tire caused your car accident.

Every year, popular tire manufacturers like Michelin, Goodyear and Firestone issue recalls for faulty tires. Unfortunately, recalls typically only take place after numerous accidents and injuries have already been linked to the tires. There are many things that can go wrong in the production process that can result in faulty tires such as a poor design, the use of improper materials or production. The tire manufacture is responsible for these types of defects. They can also be held responsible for failing to provide adequate warnings or safety instructions such as not listing the maximum load for the tire.

Tire blowouts and tread separation are the usual culprits of a car accident caused by a faulty tire. The reason a car has a blowout is that the rubber exterior tears or separates from the interior fabric reinforcement and steel belting. When this happens, the tire loses air pressure quickly which can make your car veer off the road, crash into another vehicle or barrier. Tread separation is when the grooved rubber on the outside of the tire separates from the rest of the tire. Those grooves are what help your tire grip the road, especially when it is slick, and protect it from being torn by debris on the road. Tread separation makes a tire more likely to blowout or hydroplane on wet roads. Design and manufacturing defects are often the cause of these problems.

How to Build a Case Against a Tire Manufacturer

To build a case against a tire manufacturer, you and your attorney must prove that the tire was defective and that you suffered harm or injury because of it. Hiring an attorney who is experienced in auto accidents and product defects and will investigate your accident is the best way to determine if the tire manufacturer is liable. They may hire an expert to examine pieces of the tire, the accident report, and any pictures you have from the scene of the car accident to a tire engineer. If your tire failed because of normal wear and tear or because you overloaded your vehicle with a weight that exceeded your tires’ max capacity, you may not be able to seek damages from the manufacturer. Under Indiana law, you cannot recover damages if you are 50 percent or more at fault.  

You don’t have to try to carry the burden of pulling your life together after a car wreck alone! Our team of Indiana car accident attorneys at Stewart & Stewart are here to help you. We will investigate your accident and build a case to get you the money and help that you deserve. Even if the accident happened a couple of years ago, you may still be entitled to compensation for your physical and emotional suffering, medical expenses, permanent scars, lost past wages or diminished earning capacity. You have two years, from the date of the car accident or death of your loved one, to file a personal injury claim or wrongful death claim in Indiana. Our team of personal injury lawyers work around the clock to fight tire manufactures on behalf of survivors like you. If you would like to learn more about how we can help, call us at 1-800-33-33-LAW or visit our website today.

17
May

What Can I Do if I am Involved in a Train Accident?

May 17, 2019

Train accidents are more common than the average person knows and they truly tend to bring about deadly and traumatic consequences. Studies have shown that there are 5,800 train-vehicle crashes each year in the United States alone, accounting for up to 1,000 deaths. Common problems include derailments, mechanical failures and collisions with other trains, cars and even pedestrians. And while train companies are constantly upgrading equipment and safety procedures to reduce these numbers, there is still plenty of room for improvement—a scary realization when one realizes just how dangerous they can be.

Victims from these accidents can sustain extremely traumatic injuries, which include third degree burns, injuries to the spinal cord and even brain damage. Yet many do not get the medical care that they deserve, or the assistance they need to live a comfortable life. Even if you have a completely understandable reason to go up against a railroad company, they tend to be extremely combative. Most are large corporations with teams of lawyers that excel at deflecting blame, often arguing that tracks have been vandalized, or that the victims themselves are responsible. It’s a sad truth that is all too common. So what should you do if you’ve been a victim of a train accident?

Firstly, you should take care of locating and preserving any evidence that you can find. Whether they are eyewitness accounts, medical records or even damaged property, it’s much better to have proof of malfeasance and not need it than to need it and not have it.  Secondly, especially if your car was involved in a train collision, you should contact your insurance company. Take advantage of every resource at your disposal and do not settle for anything less than you deserve. These accidents occur for many reasons, from human error to track and signal defects, but in most of these instances, a third party can absolutely be held liable; as a victim, you should understand what your legal options are.

If you believe that an individual, like an engineer or some other railroad employee, was responsible, and therefore liable for the crash, you should file a personal injury claim. They must have been in a position to directly prevent the accident from occurring to be liable—a stipulation that can be quite difficult to substantiate without professional assistance, either from law enforcement officials, or legal counsel.

If you believe that a train company, manufacturer, track owner or material vendor was responsible, you might be able to hold the company itself liable, and claim damages for property loss, medical bills or even loss of wages, depending on the circumstances. Families, who have lost a loved one, can also file a wrongful death claim if they feel the organization is directly responsible. In any of these scenarios, having a personal injury attorney that you can trust is paramount to building a successful case.

Stewart & Stewart has the skills and resources you need to track down relevant evidence, locate witnesses and successfully negotiate with difficult insurance companies. We consult with expert mechanics and government agencies to ensure our clients get the best representation possible. Whether it’s a personal injury claim, a negligence claim or even a wrongful death lawsuit, we have the expertise and passion to get you the results you deserve. For more information, give us a call at 1-800-33-33-LAW or visit our website.