Injury caused by a blow-out tyre on the motorway
Published: 8th March 2021
We recently acted for a client who was driving along the motorway, when his vehicle struck a tyre blown out from a vehicle and left on the motorway. Whilst our client was unable to avoid the tyre, he was able to maintain control of his vehicle and was able to park on the hard shoulder.
The relevant Defendant was identified and a claim for damages was made against the insurance company. The Defendant insurance company disputed liability, claiming this was an act of God case and that the Defendant could not predict that the tyre would blow out from his vehicle.
Whilst a blow-out from a tyre can occur at any time, the Defendant was driving an HGV and there were steps to minimise the risk of tyre blow-outs. We therefore made an application to the Court for evidence of the distance the vehicle had travelled up to the time of our client’s accident, the load the Defendant vehicle was carrying, and all maintenance records and checks carried out to the tyres. The Defendants were unable to produce any documentation to establish they took steps to minimise the risk of a tyre blow-out. They also allege that as the tyre was on a motorway, their insured could not have taken any steps to have retrieved the tyre. However, the Defendants were unable to provide any evidence of any steps that their insured had taken, such as Highways England or the emergency services, to report the tyre on the motorway.
Court proceedings were issued against the Defendant insurance company as they refused to deal with our client’s claim. Once the claim was listed for trial, the Defendants agreed to settle in the sum of £2,200.
This case shows the variety of personal injury claims that can arise.
If you have had an accident and suffered an injury that wasn’t your fault, call us on 01226 731314 to see if we can help. We generally act on a ‘no win no fee’ basis.
This article is too brief to fully explain the law and should not be relied upon as legal advice.