According to a survey by the National Highway Traffic Safety Administration (NHTSA), tire problems are the “critical reason” for 35 percent of all crashes in resulting from vehicle issues. Tire blowouts are common and can cause severe accidents. This is especially true when a large truck causes a tire blowout accident. Victims can recover compensation for their injuries, but determining who is liable can be difficult.
Who is responsible for a crash caused by a truck tire blowout?
Quite a few parties might be responsible for a truck tire blowout accident:
The truck driver can be responsible for an accident involving a truck tire blowout if s/he was behaving negligently (e.g., was distracted and did not see debris in the roadway), failed to check the tires before a trip, or ignored a bald tire during an inspection.
Even if the truck driver is responsible for the accident, s/he will not be responsible for paying for your injuries. Instead, the trucking company will be liable under respondeat superior, or vicarious liability. This rule holds employers responsible for any actions their employees take within the scope of their employment.
In addition to being vicariously liable, the trucking company can also be directly liable for an accident. The trucking company has a responsibility to do as many safety checks as are necessary to always maintain their trucks in safe condition. If the trucking company could have detected the problem with the tire during a safety check, but did not conduct one, the trucking company can be liable.
Trucking companies can also be liable if they hire untrained drivers or those who do not observe safe driving practices. If a driver has a history of unsafe driving behavior, such as reckless driving or failure to observe prudent safety practices, and the trucking company does not perform a background check that would have uncovered this history, it can be liable.
Trucking companies can also be liable if they fail to establish safety protocols, train their drivers, or take corrective action when drivers exhibit unsafe behaviors if these failures contributed to the truck tire blowout.
Truck Maintenance/Repair Company
Many large trucking companies hire maintenance or repair companies to keep their truck fleet in good repair. If the maintenance or repair company was negligent in its duties, it can be liable for any accidents that occur.
If a manufacturer produced a defective tire that caused an accident, it can be liable for any injuries. Products liability claims are highly technical and complicated; however, Max Meyers can help you navigate the process.
Potholes are a frequent cause of tire blowouts. In some cases, you may be able to hold the entity responsible for road maintenance liable. However, in many cases, these are government entities and very difficult to sue.
The team at Max Meyers will investigate your case and determine whether you will be able to recover compensation for your accident injuries.
Other Negligent Parties
Other parties can be liable for accidents involving truck tire blowouts, if their negligence caused the truck to have the tire blowout.
For example, when another vehicle cuts right in front of a truck, the truck may have to swerve to avoid hitting the vehicle that cut in front of it. If a situation like this causes an accident, the driver of the vehicle who cut in front of the truck can be liable.
How can I get help?
If you have been injured in a wreck involving a truck tire blowout, you need to put your case in good hands. At Max Meyers Law, our truck accident legal team has handled many truck accident claims. We will investigate your claim, work with the necessary experts, and keep at it until we get you the compensation you deserve. And we never charge you for our fees until you get a recovery.
Call us today at 425-242-5595 for a free consultation.