Truck Tire Blowout – Who Is Responsible?
Have you been harmed in a truck accident due to a truck’s blown tire? If so, you shouldn’t have to pay for another’s negligence. Tire blowouts rarely occur without reason. Blowouts occur when truck drivers do not inspect their tires or otherwise drive substandard equipment. It might be the. Manufacture or installer’s fault if it’s not the fault. The Houston Trucking Accident Lawyer can help you determine fault in a truck tire blowout.
Truck Tire Regulation
Regulatory bodies agree that commercial truck tires need checks to ensure a tire does not pop from overuse.
- Federal Motor Carrier Safety Administration: Tread depth of 4/32 of an inch for every major groove
- Commercial Vehicle Safety Alliance: Over 2/32 of an inch in two adjacent grooves
The Federal Motor Carrier Safety Administration (FMCSA) holds truckers to a high standard of upkeep. However, if a truck’s tires are found not to comply with the FMCSA standard, they will only get a citation. The problem is that a source does not force a truck off the road or change its tire.
The Commercial Vehicle Safety Alliance (CVSA) sets the standard that forces a vehicle off the road. The truck driver will receive a citation. The truck is not allowed on the road until the issue is corrected. In short, the FMCSA citation is a warning; the CVSA citation is an emergency.
Determining Driver Liability for Tire Blowouts
In most truck tire blowout situations, the truck driver is considered responsible. If you have been injured in a truck tire blowout, it may be due to the truck driver’s negligence. A finding of negligence will make the truck driver liable for any damages caused by such negligence. A truck driver will be at fault if either of the following situations occurs:
- Did not inspect:
Truck drivers need to monitor their tires for signs of wear, such as being threadbare, worn, or cracked. Drivers should also monitor their tire pressure to avoid the tire becoming either under or over-inflated.
- Drive with defective equipment:
Drivers aware of a tire defect are legally obligated not to drive until they have fixed the fault. If they fail to take such action and cause an accident, they are liable for any harm caused.
Others That May Be Liable for A Truck Tire Blowout
While the driver is most often held responsible in a tire blowout accident, they are not the only party that may be liable. Drivers are only accountable for driving and maintaining their trucks. However, there are some circumstances out of their control. For instance, if the truck driver had a truck inspection and the inspector should have noticed a defect but failed to do so, the inspector is responsible. Also, if the inspector fails to fix a defect properly, they are liable.
Additionally, a tire installer is liable if they do not properly install tires. Manufacturers and sellers can be responsible for defective products. It should also be mentioned that tire blowouts can sometimes cause a truck rollover, resulting in multi-vehicle accidents.
This is why having a trucking accident attorney is critical. Your attorney can provide for a truck accident investigation. This can help determine the party at fault. Based on the circumstance, you may be able to get more compensation.
Houston Trucking Accident Lawyer
While not every truck tire blowout ends in an accident, the National Highway Traffic Safety Administration estimates that tire blowouts do cause over 12,000 truck accidents each year. Tire blowouts endanger the truck driver and are also a hazard to other drivers on the road.
If you have been injured in a truck accident, call Walker Texas Lawyer. Walker Texas Lawyer will discuss all of the options you may have in receiving the compensation you deserve. He knows federal trucking laws and truck inspection laws. Additionally, he will perform a truck accident investigation to help you recover any damages you may have suffered. Walker Texas Lawyer is Houston’s Trucking Accident Lawyer. Call today for a free case review.