Truck Tire Blowouts & Legal Compensation for Accidents
A tire blowout occurs when a tire on a vehicle suddenly bursts, often while the vehicle is traveling at a high speed. Blowouts can affect all types of vehicles, but they are especially common in commercial trucks that carry heavy loads and travel long distances, which can wear down the tires. When a tire bursts, a truck can spin out of control and roll over or crash into other vehicles. Even if the truck driver maintains control, a tire blowout can scatter debris across the road, consisting of rubber from the tire or cargo that was jarred loose when the tire exploded. As drivers around the truck try to swerve away from the debris, they may collide with each other.
Many tire blowouts could have been prevented if a truck driver had properly inspected the truck, and a trucking company had arranged for maintenance when needed. Rules imposed by the Federal Motor Carrier Safety Administration require drivers and companies to carry out inspections and maintenance at regular intervals. They must not send a truck out on the road if it poses a likely risk of an accident. If a truck driver notices that the tires are worn out during a post-trip inspection, they should report the issue to the company. Before the next trip, the next driver must conduct a pre-trip inspection, which includes verifying that repairs noted on the previous report have been made. If a tire problem is found, the truck should remain out of service. If a trip extends across multiple days, a driver should check the tires at the end of each day and stop driving the truck if they find a problem that poses an accident risk.
Pursuing Compensation for Tire Blowout Accidents
The reason for a tire blowout will determine whom a victim should sue after an accident. For example, if a tire blowout occurred because a truck driver failed to inspect the truck, a victim may sue the driver. If the driver told the trucking company that a tire was worn out, but the company did not replace the tire, a victim likely will have a claim against the trucking company. If an accident resulted from a tire defect, the tire manufacturer may be liable.
Theories of liability will depend on the facts of the case and the defendants who are sued. A claim against an individual truck driver probably will rely on a theory of negligence, which means that they failed to use reasonable care in inspecting the truck. A trucking company also may be sued under a negligence theory. If the company did not contribute directly to the blowout, though, a victim may pursue a vicarious liability claim against the company. This holds employers accountable for the negligence of employees while they were on the job.
On the other hand, a claim against a truck manufacturer may rely on a theory of strict liability. This means that the tire contained a manufacturing or design defect. A manufacturing defect involves an error in the process of making the tire, which does not appear in all such tires. A design defect means that every tire of that type contains an inherent safety problem.
Regardless of the defendants and legal theories in a case, a victim usually can recover economic and non-economic damages. These may cover costs such as medical treatment, lost income, and property damage or loss, as well as harm such as pain and suffering and emotional distress. If a victim sustained permanent disabilities or other long-lasting conditions due to an accident, they can recover compensation for future damages as well.
