On Monday afternoon at about 1:50 p.m., one man was killed and another was injured when the right rear tire blew out on their van, causing the vehicle to rollover. According to the Daily Press, the accident happened on the northbound Interstate 15 near the Main Street onramp in Hesperia. The driver of the Chevrolet Express van, 55-year-old Pablo Salgado, was pronounced dead at the scene. The passenger, Richard Castineyra, 25, was transported by helicopter to Loma Linda University Medical Center to be treated for lacerations. The CHP is investigating the precise cause of the accident.
Potential Tire Defect
According to witnesses to the accident above, the rear tire of the van blew out which caused the van to veer across two travel lanes and strike the center divider. This type of accident can be the result of a defective tire that unexpectedly failed. Generally speaking, tires do not suddenly blow out unless they are too worn, strike an object or have some sort of defect causing the tire to come apart. A careful analysis of the tire and scene of the accident by the CHP should allow them to pin point what caused the sudden tire separation. At freeway speeds, once a tire suddenly deflates, the driver is going to have a tough time maintaining any control over their vehicle. If was indeed a defective tire that caused the tire to fall apart, then the manufacture and/or seller of the tire may have liability to the injured passenger and the family of the deceased driver.
Worker's Compensation
From the photographs taken at the scene, it would appear the van may have been owned by Stanley Steemer. It also seems like a logical inference that both Salgado and Castineyra, were in the course and scope of their employment at the time of the accident. Assuming that to have been the case, then the Salgado family and Castineyra would have valid claims for worker's compensation benefits. However, pain, suffering and emotional upset are not recoverable under the worker's compensation system so a civil lawsuit would need to be pursued in order to recover those damages.
If you have been injured or a loved one killed in an accident caused by a product defect, the first step toward obtaining compensation for your injuries and damages should be to contact an experienced product liability attorney.
SOURCE: UPDATED: One person killed, one person injured in I-15 crash, Daily Press, August 19, 2013, by Rebecca Howes
Potential Tire Defect
According to witnesses to the accident above, the rear tire of the van blew out which caused the van to veer across two travel lanes and strike the center divider. This type of accident can be the result of a defective tire that unexpectedly failed. Generally speaking, tires do not suddenly blow out unless they are too worn, strike an object or have some sort of defect causing the tire to come apart. A careful analysis of the tire and scene of the accident by the CHP should allow them to pin point what caused the sudden tire separation. At freeway speeds, once a tire suddenly deflates, the driver is going to have a tough time maintaining any control over their vehicle. If was indeed a defective tire that caused the tire to fall apart, then the manufacture and/or seller of the tire may have liability to the injured passenger and the family of the deceased driver.
Worker's Compensation
From the photographs taken at the scene, it would appear the van may have been owned by Stanley Steemer. It also seems like a logical inference that both Salgado and Castineyra, were in the course and scope of their employment at the time of the accident. Assuming that to have been the case, then the Salgado family and Castineyra would have valid claims for worker's compensation benefits. However, pain, suffering and emotional upset are not recoverable under the worker's compensation system so a civil lawsuit would need to be pursued in order to recover those damages.
If you have been injured or a loved one killed in an accident caused by a product defect, the first step toward obtaining compensation for your injuries and damages should be to contact an experienced product liability attorney.
SOURCE: UPDATED: One person killed, one person injured in I-15 crash, Daily Press, August 19, 2013, by Rebecca Howes
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