Liability if a Commercial Truck Tire Blowout Caused My Car Crash
Posted on behalf of RizkLaw on Jan 07, 2021 in Auto Accident
When a semi-truck, 18-wheeler or other commercial motor vehicle (CMV) has a tire blowout, the results can be serious or life threatening. If you get injured in a crash with a commercial truck that was caused by a tire blowout, how can you determine who may be responsible for the damages? Can you pursue compensation for your medical costs and other damages? Who can protect your legal rights against the trucking industry, insurance companies and their attorneys?
At Rizk Law, we have extensive experience dealing with insurance companies and the tactics they use to deny or devalue claims. We are prepared to help, and it costs you nothing to find out if you may have legal options.
Am I Able to Pursue Compensation?
The short answer is yes. However, establishing proof of negligence for a truck accident is rarely straightforward, particularly if the crash was caused by a tire blowout.
The Federal Motor Carrier Safety Administration (FMCSA) has many regulations – including for tires – that truck drivers and the companies they work for are required to follow. Oregon also has state regulations, such as those defining the maximum weight and dimension limits for CMVs in the state. When drivers and trucking companies do not follow the rules, it can lead to a tire blowout with disastrous results for the truck driver and others on the road.
Common tire safety violations include:
- Not regularly maintaining or inspecting tires – which can cause several hazardous conditions and lead to a blowout
- Failing to replace a tire that is not in compliance with FMCSA safety standards
- Failing to regularly check truck logs and driver reports requesting repairs or replacements
- Neglecting to monitor vehicles for issues that may arise while transporting cargo
- Ignoring known defects, worn treads or other issues that may make a tire blowout more likely
An investigation after a collision may reveal there were violations of FMCSA regulations, which can help to establish proof of negligence. Police may find and document evidence at the scene, but there are also steps you can take that may help establish poor truck maintenance or other forms of negligence contributed to your accident.
Common Factors That Lead to Truck Tire Blowouts
Sometimes a tire blowout may be caused by something that was not the fault of a CMV driver or trucking company, such as if the driver hit a large pothole. However, even in that situation an investigation may later reveal that some negligence on the part of the driver, trucking company – or both – contributed to the tire blowout and resulting crash.
For example, if a truck’s cargo was over the FMCSA’s allowable weight limit or the driver was travelling too fast to avoid the pothole, it may be possible to hold the driver and/ or the trucking company at fault the crash.
Additional causes for truck tire blowouts may include:
- Improperly installed tires, which may cause tires to wear badly, or cause serious misalignment
- Overweight trailers
- Lack of proper tire maintenance, which can lead to dangerously worn treads and other hazardous tire issues
- Improper tire pressure – tires being under or overinflated
- Tires with a manufacturing or design flaw
- Mismatched tires – tires that are not the right size for the vehicle
- Consistent or excessive hard braking by the CMV driver
Contact Our Experienced Attorneys to Help You
Truck accidents are significantly more complex than those with cars or other smaller vehicles. These types of cases typically involve multiple insurance policies and attorneys, along with various laws and regulations.
If you sustained injuries and damages in a truck accident due to another’s negligence, we strongly recommend contacting a qualified attorney from our firm. We have the staff and resources to fully investigate the cause of your accident and determine all parties who may have contributed to the crash.
Our Vancouver-based truck accident attorneys are prepared to hold at-fault parties responsible for the damages they caused, and we are committed to fighting for the maximum possible compensation on your behalf. We have decades of experience and a proven track record, recovering millions in compensation. The testimony of our clients speaks volumes for the level of service we are dedicated to providing every day.
Contact our firm any time, night or day, to schedule a free, no-obligation consultation and learn more about how we may be able to help.