Determining liability in tire blowout accidents seems fairly straightforward: the trucker is driving the vehicle, so any damage the vehicle causes should be on them. However, there’s more nuance to establishing liability in an accident caused by a truck tire blowout, and as the injured victim, you’re entitled to damages from all liable parties.
Our Kansas City truck accident lawyer investigates the crash and holds all liable parties accountable for the harm you suffered. Possible defendants in an accident caused by a truck tire blowout include the commercial truck driver, the trucking company, the tire manufacturer, and the government entity responsible for maintaining the road you were traveling on. Let’s look closer at how each of these parties can be held liable.
The commercial semi-truck driver
Regardless of the negligent actions or oversight of other liable parties in a truck accident, the trucker will almost always be named as a defendant. It’s their responsibility to ensure the vehicle is roadworthy, including inspecting the tires for safety.
Losing control of the vehicle due to underinflated or bald tires, or popping a tire due to reckless driving, makes the trucker liable for the crash.
The shipping carrier that employed the driver
The trucking company that employs the trucker, whether the driver is a direct employee or a contract driver, has a duty of care to properly vet its drivers. This means making sure that all drivers are properly licensed and trained, and that they’re compliant with FMCSA regulations for hours of operation and safe commercial driving. The trucking company is also responsible for ensuring that drivers regularly inspect their vehicles, even if they’re contract workers, as that’s one of the federal requirements for commercial drivers. If the trucker didn’t inspect the truck and the tires blew out, the carrier could be held liable under the legal concept of vicarious liability.
If the trucking company’s drivers operate fleet vehicles, it is the company’s responsibility to ensure that the vehicles are safe, including making sure that the tires are in good condition and replacing those that aren’t. If the carrier neglects to maintain their fleet, and a wreck is due to the semi truck tires failing, the carrier can be held liable in this situation, too.
The tire manufacturer
A manufacturing defect or design flaw could render the semi-truck tires fundamentally unsafe, and more likely to burst if the air inside is overheated or if the tire is overinflated. Part of the case-building that your legal team does involves examining the tires themselves to determine if they were just old and worn, or if a defect contributed to the instability of the tires.
The truck mechanic or fleet maintenance company
If a third-party maintenance company was responsible for tire maintenance and failed to identify problems with the tires or change worn tires, then they could be held liable for negligence. These cases can be a little trickier to prove, as your lawyer must establish that the mechanic knew about the worn or faulty tires but failed to address the problem.
The city or county responsible for road upkeep
Poor road conditions, such as deep cracks in the pavement or potholes, may have contributed to the blowout. In these situations, the government entity responsible for road maintenance or the company contracted to maintain the roads could be liable. However, there are specific protocols for filing a personal injury claim against a government entity; your lawyer may have to work within Missouri’s sovereign immunity laws.
How a lawyer can help you get compensation in a truck tire blowout case
A personal injury attorney concentrating on truck accident cases can help you get fair compensation to cover your medical bills, property damage, lost wages, and pain and suffering. An experienced attorney knows how to build a strong case establishing liability on the part of the trucker and any other third party whose negligence may have contributed to the wreck.
Truck accident claims are typically high-value, as the victim’s medical damages are often over six figures (and so their non-material damages, like pain and emotional trauma, are also higher). Insurance companies typically challenge these high-dollar claims, seeking any reason to minimize them or even deny them outright.
Having an attorney negotiate with the insurance carrier and handle your claim can help you get a much higher settlement than you could on your own. And, if the insurance company refuses to settle for a fair amount, or if your lawyer believes that punitive damages are in order, then they can take your case to trial in civil court.
Have you been hurt in an accident with a commercial driver? We can help you get the compensation you deserve. Call Langdon & Emison today at (866) 931-2115 for a free consultation with an experienced truck accident lawyer.
The post Who’s liable in a truck tire blowout accident? appeared first on Langdon & Emison.
