The law offices of Florin|Roebig are home to reputable, experienced truck accident lawyers who can assist you in determining the liable party (the at-fault party). Learn more today during a free consultation.
How Fault Is Determined in Tire Blowout Accidents
In many tractor-trailer accidents, the truck driver is at fault for negligence, such as speeding, distracted driving, or careless driving. However, determining fault is not always so straightforward.
There are many factors which must be taken into account when determining fault for any auto accident. In tire blowouts, this can include who was responsible for maintenance of the truck.
In many cases, it is the trucking company at fault, since they are responsible for maintaining their big rigs. Yet this does not mean truckers can never be at fault for tire blowouts.
For example, potholes can lead to tire blowouts, which means truckers should attempt to avoid them when they can. Driving at high speeds over a pothole may increase the likelihood of both tire blowouts and truck accidents in general. If a truck driver is speeding or driving erratically and hits a pothole, causing their tire to shred, they could be considered at fault.
In personal injury cases, fault is based on the details surrounding the accident. For example, courts may review the police report, photos of the accident scene, and reports from the insurance companies to assess who was at fault for the accident.
Each of these will help the court look at factors like tire tread, speed of the driver, tire pressure, and more to help identify the cause of the accident, and therefore, who was at fault.
Why Is The Trucking Company Usually At Fault for Semi Truck Tire Blowouts?
Trucking companies typically are responsible for accidents caused by maintenance issues involving their heavy trucks. Each trucking company has a responsibility to perform proper maintenance on their big rigs, and when they don’t and it leads to an accident, companies can be held liable for damages.
Tire blowouts can lead to dangerous consequences for accident victims. When a tire blows, it can cause the driver of the 18-wheeler to lose control. In turn, this can lead to collisions, rollover accidents, vehicle damage, injuries, and even fatalities.
While tires can explode for a number of reasons, many of these are due to negligence, some of which can be the trucking company’s fault. Lack of truck maintenance is not the only cause of a blowout. If a trucking company fails to uphold standard hiring practices, such as performing proper background checks, this could lead to an untrained trucker on the roadways.
However, a third party, separate from the truck driver or trucking company, could be at fault for the accident. For instance, if the truck driver was obeying all traffic laws, was properly trained and vetted by the trucking company, and the semi truck has been properly maintained, the blowout was likely not the fault of either the driver or the company.
It may have been due to a road maintenance issue, which would make the county or state which maintains the roadway liable.
What Causes Tire Blowouts?
In 2019 alone, there were 612 tire-related crash fatalities, according to the National Highway Traffic Safety Administration (NHTSA).
A range of factors may contribute to a semi tire blowout. As mentioned, they may be caused from road damage, such as potholes, which cause a truck driver to veer or swerve. Other common causes of truck tire blowouts may include:
- Overloading of the commercial truck, or too much weight: Commercial vehicles have weight restrictions for a reason. Overloading them can cause stress to your tires, particularly if they are old or have low or uneven tread.
- Tire punctures, such as from shrapnel or other sharp objects: Sometimes, driving over a sharp object may not be apparent right away, but it will cause a leak that could eventually lead to a blowout.
- Uneven tire tread (tread depth): To help avoid blowouts, regular tire rotation is very important. When tires are not rotated, this causes uneven wear on the tread.
- Underinflated tires: Low tire air pressure leads to weakness of tires on one side, which poses a risk for tire blowouts.
- Inadequate pre-trip inspection of tires: Truck drivers are required to perform checks before each transport, and not catching poor tread, low tire pressure, or other tire-related issues could be considered a form of negligence.
- Faulty or defective tires: Tires are not always faulty or defective, but it can happen due to a tire manufacturer error.
- Old or worn tires: Tires must be replaced at regular intervals, especially for semi-trailers which travel far more often and carry far heavier loads than other vehicles
Where Do Tire Blowouts Often Happen?
A tire blowout accident can occur anywhere. Truck accident tire blowouts may occur more often on roadways where big rigs are traveling in higher frequency, such as highways or freeways.
In the state of Florida, truck accidents may occur on a number of frequently traveled interstates, such as I-75, US-1, or I-95. Unfortunately, semi truck tire blowouts can occur anywhere the commercial truck is traveling, since many of these incidents are due to lack of maintenance or pre-trip inspection.
While tractor trailers may experience a blown tire due to potholes, this is often not the cause behind such incidents in Florida, since the state is ranked in the top 10 states in the US for good road conditions.
The state is also home to roadway tolls, which fund road maintenance. This means there is also less likely to be dangerous debris in the roadway, such as sharp objects which could strike a tire and cause a leak that eventually leads to a blown tire.
If you have been the victim of a large truck tire blowout accident, regardless of where it occurred, you may be able to seek recourse for your injuries. Speak to a truck accident attorney, such as those at Florin|Roebig law firm, for a free consultation to learn more.
Our Featured Case Results
Factors That Affect Fault in Tire Blowout Truck Accidents
While the trucking company is often at fault for tire blowouts in a truck crash, other factors may affect liability. That is, there can be more than one liable party. Some of the factors which must be considered when determining fault in a large truck crash include the following.
Contract Truck Drivers vs. Trucking Company Employees
Truck drivers who are employed by the trucking company may not be at fault for a tire blowout if it is caused by a maintenance issue, or other form of negligence on behalf of the company. Employees may be protected if, for example, they did everything they were supposed to do (such as their pre-trip inspection and driving correctly), but still experienced a blown tire.
In contrast, people who work as contractors or owner-operators and sell or lease their services, may be held liable for trucking accidents, including tire blowout accidents.
Unfortunately, many drivers in the trucking industry are either contractors or owner-operators. Even if they did not drive negligently, they may be held liable alongside the trucking company for accident damages.
Whether A Defective Tire Led to The Blowout
If a defective tire caused shredding or a blowout, it will likely be neither the driver nor trucking company at fault, but instead the tire manufacturer or large commercial vehicle manufacturer.
The tire manufacturer may be held liable if the tire failed due to poor or faulty design or an error in the manufacturing process. If the manufacturer is responsible, you would file a product liability claim for damages, rather than a personal injury claim.
While defective design can and does happen, in the case of a semi-truck accident, a blowout may be more likely to occur due to wear, negligence of some sort, low air pressure, or other maintenance issues.
Whether Negligence Led to The Blowout
Regardless of who the at-fault party turns out to be, they can only be considered at fault if negligence is present. In legal terms, negligence is present if someone (such as truck accident victims) is owed a duty of care and that duty is breached.
A truck driver could be negligent by failing to perform a daily inspection, for example. If you are ready to begin a truck accident case, an injury lawyer can help you determine how to prove the at-fault party’s negligence.
Injuries That Can Result From Tire Blowout Accidents
As with other types of truck accidents, a range of injuries can occur due to tire blowouts. As a disclaimer, it’s important to note that it’s not necessarily the destruction of the tire which is dangerous, but what happens as a result that can lead to serious consequences for accident victims.
When a semi-truck swerves or rolls over, this could cause a collision with other vehicles, putting other motorists and passengers at risk of injury. The debris left by a blown tire could also pose a driving risk to other drivers if the debris is not later removed by roadway maintenance crews. Some injuries that can occur due to semi tire blowouts include:
- Head injuries: Cuts and lacerations, broken bones, concussions, traumatic brain injuries
- Neck injuries: Soft tissue damages, bone fractures, whiplash
- Back injuries: Herniated disc, chronic back pain, broken bones
- Internal injuries: Internal bleeding, organ damage, organ failure
- Spinal cord injuries: Paralysis
- Spine injuries: Including slipped discs and spinal fractures or lumbar damage
- Skin injuries: Scarring or disfigurement
- Life-threatening or fatal injuries (also called wrongful death)
Legal Options for Semi Truck Tire Blowout Accident Victims
Were you the accident victim in a semi truck tire blowout crash? You may have legal options. First, you’ll need to determine who was at fault, and an experienced truck accident lawyer, like ours at Florin|Roebig, can help with that.
After you have named the liable party, you’ll be able to start your claim. You may need to start a personal injury claim or a personal injury lawsuit, or even a product liability claim, depending on what led to the blowout. A personal injury lawyer will ensure you file the right claim for your situation.
Then, they will gather evidence from the accident to review and put it to work for your case. This might include your medical bills, medical care records, photos from the accident, police report, and more.
Once they have a solid understanding of how the accident took place and the harm you suffered as a result, they can help you better understand the amount and types of damages you may be able to claim.
Your lawyer can also tell you the statute of limitations for your claim, or how long you have to begin your case. For both personal injury and product liability claims, the statute is four years in Florida, according to the Florida Senate.
Throughout your case, a competent lawyer can establish a strong attorney-client relationship, so you are at ease in asking questions, trusting their judgment, and allowing them to manage your case.
If your claim does not settle out of court, a capable lawyer will have the knowledge and case experience necessary to build a strong foundation and offer sound legal representation throughout your case.
We Are Nationally Awarded Lawyers
Reach Out to Florin|Roebig for Help With A Truck Accident Case
After a tire blowout accident, you may be unsure how to file a claim, or who may be considered at fault for the accident. Let us uncomplicate the process for you. At Florin|Roebig, we know truck accident law, and our impressive track record speaks for itself.
To date, we have helped many car accident and truck accident victims secure maximum compensation for their injuries, totaling millions in case awards. We are ready and willing to put our experience to work on your claim. Reach out to Florin|Roebig today for a free case evaluation to get started.
