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. If it’s not the truck drivers’ fault, then it might be the manufacture or installer’s fault. The Houston Trucking Accident Lawyer can help you in determining 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) hold truckers to a high standard of upkeep. However, if a truck’s tires are found not to be in compliance with the FMCSA standard, they will only get a citation. The problem is that a citation simply does not force a truck off the road or to 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 occur:
- 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 who are aware of a tire defect are legally obligated to not drive until they have had the defect fixed. If they fail to do take such action and cause an accident, they are liable for any harm caused.
Other’s 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 responsible for driving and maintaining their truck. 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, then it is the inspector who is responsible. Also, if the inspector failed to fix a defect properly, then they are liable. Additionally, a tire installer is liable if they do not properly install tires. Manufactures and sellers can be liable for defective products. It should also be mentioned that tire blowouts can sometimes cause a truck rollover, which can result in multi-vehicle accidents.
This is why having a trucking accident attorney is key. 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 not only endanger the truck driver but 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 with you 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.