Who Is Liable for a Truck Tire Blowout Accident?

A tire blowing out while driving a truck can cause a serious accident. The resulting injuries can be just as serious and result in various complications, such as disability and missed time from work. If you were recently injured by a truck that suffered a tire blowout in Reno, NV and believe the incident was due to a faulty tire, you are probably wondering who is liable. Multiple parties are often responsible for these types of accidents–learn more about tire blowouts and who is to blame for them below.

What causes a tire blowout?

A tire blowout occurs when a tire fails for assorted reasons. There are numerous explanations for tire failures, including running over sharp foreign objects on the road that puncture the rubber. Even small punctures, such as running over a screw or a nail, can result in punctures and blowouts. Other causes of blowouts include:

• Low air: If a tire does not have sufficient air, it makes more contact with the road and subsequently wears thin faster to increase the risk of blowouts.
• Excessive weight: A truck carrying more weight than is recommended by the manufacturer puts undue pressure on the tires that can cause one or more of them to blow out.
• Uneven tire wear: Without rotating the tires about every six months, the front tires that do the brunt of the turning experience excessive wear. As tires wear down, the rubber becomes thin and vulnerable to blowouts.
• Assorted road hazards: In addition to relatively small foreign objects on roads, such as nails and screws, there are also a variety of larger road hazards that contribute to blown tires. Glass, broken automotive parts, and fallen trees and signs are among these hazards.
• Defective tires: A tire can blow out because of a design or manufacturing error that makes it dangerous.

Establishing liability in a truck tire blowout accident

If a truck tire blowout causes a truck accident that injures other drivers on the road, determining liability is one of the next steps. The truck driver could be liable if they failed to inspect their rig as per federal regulations before getting behind the wheel.

However, the truck company employing the driver might be to blame if training did not include learning how to inspect the tires. In this case, the company is liable on the grounds of “vicarious liability.” The truck company could also face liability charges relating to lack of maintenance. Should the company fail to oversee routine maintenance checks or have the truck tires rotated and replaced as needed, they are liable.

Other liable parties in truck tire blowout accidents can include the tire designer or manufacturer. The tires in question might be inherently dangerous due to a design flaw, meaning they should not have been manufactured and the designer is liable. There are also times when nothing is wrong with the tire design, but the manufacturer is at fault because the auto products were produced incorrectly. If the tire distributor is aware of the design or manufacturing flaw but does nothing about it, the distributor is liable.

Additional liable parties include those responsible for hazardous foreign objects or debris on the road. For example, say a commercial truck driver allows a glass panel to fall off the back of the trailer. Another truck driver runs over the glass, causing tire blowouts. This driver hits two other cars, resulting in a large accident with multiple injured individuals. The first driver is typically liable. However, if the second driver or their trucking company did not replace worn tires in a timely fashion, they could be liable as well. An experienced attorney can help determine all liable and responsible parties in your accident.

Damages in truck tire blowout accidents in Reno

Injured parties in truck tire blowout accidents can typically request damages that compensate them for the injuries and trauma they experienced. Common economic damages, or those that cover accident-related costs, include:

• Medical expenses
• Ongoing medical care, such as prescription medication or physical therapy
• Trauma counseling
• Lost wages
• Disability, if the injuries prevent the plaintiff from holding a job

Non-economic damages, or those relating to the emotional and psychological elements of the personal injury claim, can include:

• Mental anguish
• Pain and suffering
• Loss of life enjoyment
• Emotional distress

If surviving family members file wrongful death claims due to accident-related fatalities, damages usually include:

• Emergency medical care
• Funeral and burial costs
• Cremation costs, if applicable
• Loss of income
• Loss of companionship
• Pain and suffering
• Mental anguish

The statute of limitations in Nevada for personal injury cases is two years from the date of the accident. Filing after the deadline generally results in a case dismissal.

The decision to work with a truck accident attorney following a tire blowout incident is something you will not regret. Your lawyer allows you to relax and focus on your recovery while they handle everything related to your claim, such as collecting evidence, drafting a claim, filing the claim before the statute of limitations ends, and providing representation during settlement proceedings. Your attorney also answers any questions you have, provides the latest claim updates, and otherwise works diligently to secure the compensation you deserve.

Dealing with the aftermath of a truck tire blowout accident is trying enough. Make the coming days easier on yourself by working with an experienced attorney from Claggett & Sykes Law Firm. Call us or complete our contact form to schedule a free consultation today in Reno.