There are many different reasons why a truck tire blowout might occur, including dangerous road hazards, poor maintenance, or defective tires.
Regardless of the reasons, a tire blowout might lead to a devastating accident, especially if the driver loses control of the vehicle while there are other motorists or pedestrians in the vicinity, or if the blowout occurs at high speeds on an interstate. Since trucks are large and often carry heavy cargo, it is not uncommon for a tire blowout accident to result in catastrophic injuries or even fatalities.
Establishing Liability for a Tire Blowout Accident
There are multiple types of claims that a victim may be able to assert following a tire blowout accident. The most common type of claim is a negligence claim.
In general, the law of negligence requires truck drivers to operate their large and potentially dangerous vehicles with a certain degree of care and skill, according to how a prudent truck driver would operate the vehicle. This standard encompasses the rules and regulations that apply to traffic and truck operations.
One of the key components of federal trucking laws requires truck drivers and trucking companies to perform routine maintenance and inspections of their vehicles. If a tire blowout occurs as a result of inadequate maintenance, the truck driver may be liable.
Another legal theory is called vicarious liability. According to this theory, an employer is liable for the careless acts that its employees commit during the course and scope of employment. As a result, if a truck driver fails to comply with a maintenance regulation, or a blowout occurs as a result of a driver’s reckless driving, the trucking company may be held liable.
In some cases, a blowout may occur due to a defect in the tire. In this instance, the plaintiff might assert a product liability claim against the tire manufacturer. In this type of claim, the plaintiff must show that the tire was designed in a defective manner or that the tire suffered from a defect in the manufacturing process.
Regardless of the type of legal theory, the plaintiff will be required to show that the negligent conduct or the defect in the product was the direct cause of their injuries. The plaintiff must also be prepared to provide evidence supporting the amount of compensation that they are seeking in the litigation. This typically includes medical payments, missed wages, reduced earning capacity, and long-term medical care costs, as well as pain and suffering.
Contact a Trusted Car Accident Lawyer
If you or someone you love has been injured as a result of a tire blowout accident, you may be entitled to compensation. Matt Uhrig understands how to navigate the legal system, and he compassionately assists Missouri residents who are coping with painful and serious injuries. He can guide you through each step of the litigation, including gathering evidence and negotiating with insurance companies.
