Who Can You Sue for a Tire Blowout?
Common Causes of Tire Blowouts
Tire tread separations are common among big rigs because heat and friction have caused the tire material to deteriorate at a rapid pace.
Other causes of tire blowouts include:
- Overweight / unsecure cargo loads
- Running over an object on the road
- Slow leaks
- Defective tires
- Improper maintenance
- Poor road conditions
A truck driver can easily lose control of the massive vehicle, which can be difficult to handle even when all of its components are in proper condition. Tire blowouts are a serious cause of trucking accidents across the nation.
Who Is Liable for a Tire Blowout?
When the tire blowout occurs, a lawsuit can be brought against the trucker or the trucking company for failing to inspect and maintain the tire's condition or against the manufacturer of a tire that may have been put on the truck in a defective condition. Sometimes, such as in cases with 18 wheelers, there are so many tires that one blown tire does not affect the vehicle that greatly, but this is not always the case.
The truck driver is always responsible for thoroughly inspecting their vehicle before driving at all times. Failure to do so could result in the truck driver overlooking a serious tire flaw or other defect.
Truck drivers could specifically be liable in cases when:
They failed to uphold their duty to inspect.
Drivers are actually legally required to inspect their vehicle for any noticeable problems. Tires can have visible signs of wear and tear on them that can alert drivers to the need to update their tires, such as cracks, being threadbare, or other issues.
They failure to hold their duty to not drive with defective equipment.
A driver should be aware of whether or not their tires are defective, especially a commercial driver. Any recalls or notices from a tire seller or manufacturer should be acted upon promptly so that these defective tires can be repaired or replaced.
By ignoring these problems, they are sacrificing safety for time-effectiveness and should be held accountable. In cases of blowout where a third party is injured or possibly even killed, the truck driver is directly responsible for negligence, although their employer is indirectly responsible.
When a Manufacturer or Retailer May be at Fault
Drivers aren’t the only party responsible for tire safety. Some incidents involving tire blowouts may be out of their control if a manufacturer or retailer negligently or intentionally sold them a defective or damaged tire and failed to warn or provide the necessary information to the truck driver. In some cases, a tire may not have been repaired correctly or identified by an installer when brought in for inspection. This means that a manufacturer or installer may be partially liable for any damages caused in a tire blowout accident.
Whether the tire was installed incorrectly or a defective was overlooked by a driver, tire blowout cases can be difficult to litigate. You need a seasoned truck accident lawyer on your side today! Call Arnold & Itkin now.