Truck accidents caused by a tire blowout can have disastrous consequences, including serious injuries to other drivers and road users. Those injured in this type of accident may be wondering who's at fault in truck tire blowouts.
The answer varies depending on the circumstances that lead to the accident. A Houston semi truck accident lawyer can help injured parties determine fault and ensure those responsible are held liable for the damages.
What Are Truck Tire Blowout Accidents?
A tire blowout occurs if the air pressure in a tire rapidly decreases, often causing the rubber to burst, split, or come loose. It can cause trucks to swerve or skid and can sometimes send parts of the tire flying and hitting other vehicles.
What Causes Tire Blowouts?
Some of the common causes of tire blowouts include:
Sudden punctures
Insufficient air
Uneven tire surface wear
Too much weight on the truck
Road hazards that cause the tire to burst
Defective tires
Are Tire Blowouts Common Causes of Truck Accidents?
According to the National Highway Traffic Safety Administration, a tire blowout is not one of the things that cause most truck or car accidents. However, when it does happen, it can be particularly dangerous.
Although tire blowouts are not the most common cause of commercial truck accidents, there are more than 2,000 tire blowout accidents in the US annually, accounting for just over 6% of all tire-related crashes.
Who Is Liable in a Truck Tire Blowout Accident?
In a truck accident caused by a tire blowout, there are several parties who could be at fault. Schuerger Shunnarah Trial Attorneys can also advise who's at fault in Rear-End Truck Accidents. It depends on several factors, including the quality of the tires, the knowledge and action of the truck driver, and what responsibility the trucking company has. There can also be extenuating circumstances to consider, and the fault may lie with multiple parties.
Most tire blowout truck accidents result from the negligence of one of the following.
The truck driver
The truck driver's employer (trucking company)
The tire manufacturer
Someone else who created a dangerous condition on the road
Here is a closer look at each scenario.
Truck Driver
It is often the truck driver's responsibility to check the truck tires and tire pressure before they set off on a journey, so if they were in poor condition and the driver knowingly drove with them on a shared road and caused an accident, they could be held liable.
The truck driver is also liable if their actions behind the wheel or when loading the truck created strain on the tires which led to the blowout. Overloading their vehicle, not paying attention to road conditions, or driving recklessly in a way that abuses the tires are all examples of how truck drivers can contribute to a tire blowout accident.
Truck Drivers' Employers
Sometimes, the fault may lie with the trucking company rather than the driver as an individual. If a vehicle and its tires have been cleared for duty and the driver told to go, it is not necessarily their fault if the information they were given is wrong.
Trucking companies are also sometimes guilty of putting too much weight on a truck in order to boost profits. It is not the driver's decision, so they cannot be held responsible unless it is in their contract to refuse excess weight.
Other reasons the trucking company or employer may be liable include lack of proper training for the driver, negligent hiring practices, or failure to use a reputable maintenance company when servicing their vehicles.
Tire Manufacturer or Designer
Defective tires are one of the leading causes of truck tire blowout accidents. In these cases, neither the driver nor their employer is to blame- it is the company that designed or manufactured the tires.
A manufacturing defect can be hard to prove, especially if it is a rare occurrence for that particular tire. That said, there are ways of investigating to learn the truth. It is vital to establish whether the fault is with the fundamental design of the tire or the way they were produced to determine whether the designer or the people who made the tires incorrectly are to blame.
Person Responsible for Road Debris or Dangerous Road Conditions
There are cases where a truck tire blowout happens because of what another road user does. One example is when something falls off of another truck, leaving dangerous debris on the ground that causes a puncture on a following vehicle. Car users throwing sharp objects out of windows and fallen trees that have not been properly removed are also examples of when someone else is at fault, at least partially.
Can There Be Multiple Liable Parties in a Tire Blowout Truck Accident?
To make things more complicated, there is often more than one person or party sharing the blame in a truck tire blowout accident. If someone else left debris on the road, but the driver was texting and didn't see it, there is shared blame.
Furthermore, if the debris that causes the tire blowout should not have been enough to create a puncture, there is the possibility that a third party is liable- either due to poor manufacturing or sub-standard maintenance.
As the victim, it doesn't matter how many people contributed to the fault. They can still claim the same amount of total compensation but spread across various insurers in relation to the percentage of the blame they hold. The only exception to this would be if the victim is deemed to be partially responsible as well, in which case their settlement would be reduced according to how much of the fault lies with them.
Scheurger Shunnarah Trial Attorneys Help Houston Injury Victims Win the Compensation They Deserve
An injury claim or personal injury lawsuit following a truck tire blowout accident can be complex due to the difficulties that sometimes arise when establishing fault. Trucking insurance companies are ruthless, and settlement negotiations can be extremely taxing, so it is essential to have a reliable, relentless, and aggressive truck accident attorney to fight for the victim who can also explain how settlement negotiation works in an injury case.
Schuerger Shunnarah Trial Attorneys go to war for Hou accident victims to secure maximum compensation and lead the charge through settlement negotiations to bring their clients the justice and support they need and deserve. Set up a free consultation today to hold the at-fault party accountable with a team that can be trusted.