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Can I fight a citation after a tire blowout accident?

Can I fight a citation after a tire blowout accident?

Q: What is considered a not at fault accident?

A not at fault accident occurs when you did not cause the collision. This can include situations where another driver is responsible or when an unavoidable event, like a tire blowout, causes you to lose control. In these cases, you may be eligible for claims against the at-fault party's insurance for damages.

Q: Is it okay to swerve to avoid an accident?

Swerving to avoid an accident can be acceptable, but it depends on the circumstances. If swerving prevents a more serious collision, it may be justified. However, it can also lead to loss of control, resulting in an accident. Always try to maintain control of your vehicle and assess the safest option in an emergency.

Q: Who is at fault for a tire blowout?

Determining fault for a tire blowout can be complex. If the blowout was due to a manufacturing defect or poor maintenance, the manufacturer or vehicle owner may be liable. If the driver was negligent, such as ignoring signs of tire wear, they could be at fault. Each situation is unique and may require investigation.

Q: Is a tire blowout an at-fault accident?

A tire blowout itself is not automatically considered an at-fault accident. If the blowout leads to loss of control and an accident, fault may depend on factors like maintenance and whether the driver took reasonable precautions. Insurers will investigate the circumstances to determine liability.

Full question:

I was involved in a one car accident that resulted because my tire blew. I was traveling when all of a sudden my car started to swerve. I hit the brakes because I didn't know what had happened. I tried to get the car to stop. When I applied the brakes the car swerved worse and went slightly into the left center lane. I managed to get my car back on my side but it was swerving so bad the car jumped an embankment and ended up in a drainage ditch. When the cop arrived he issued me a citation for crossing the left center lane and written on the citation under the heading accident he wrote, no. I was wondering if I hire a lawyer whether i can fight that in court? He told me that if my insurance paid to fix my vehicle they would dismiss it in court. However, my insurance company has decided to total my car. Should I consult a lawyer and fight this in court?

Category: Courts
Date: 04/07/2025
State: North Carolina

Answer:

If your tire blowout caused you to swerve into the center lane, it seems unclear why you received a ticket stating there was no accident. You can contest the citation in court. If your insurance covers the damages, it may lead to a dismissal. However, since your car is totaled, consulting a lawyer is advisable to explore your options.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Will insurance cover an accident you caused?

Insurance coverage for an accident you caused depends on your policy. Most liability policies cover damages to other vehicles and property if you're at fault. If you have collision coverage, it may also pay for your own vehicle's damages, regardless of fault. However, if your insurance company determines that the accident was caused by a tire blowout, they may handle the claim differently. Always check your specific policy for details.

What is considered a not at fault accident?

Is it okay to swerve to avoid an accident?

Who is at fault for a tire blowout?

Is a tire blowout an at-fault accident?

Is a tire blowout comp or collision?

A tire blowout typically falls under collision coverage if it leads to an accident. Collision coverage pays for damages to your vehicle from accidents, regardless of fault. Comprehensive coverage, on the other hand, generally covers non-collision incidents, such as theft or vandalism. Review your policy to understand your coverage.