It’s risky enough trying to drive near a huge commercial vehicle, such as a semi-truck. If a tire on that truck should suddenly blow out, trying to avoid a disaster could prove to be almost impossible. Unfortunately, truck tire blowouts are one of the most common causes of devastating truck accidents. These can result in not only catastrophic accidents but also tragic deaths.
A truck accident attorney with Penn Kestner & McEwen will have the skill, resources, and experience it takes to give you the best chance to win your case if you’ve been hurt in an accident caused by a truck tire blowout. We’ll be by your side at all times, and we’ll be here to answer any questions you have or address any of your concerns.
Contact our firm online or give us a call at (800) 732-3070 for a free evaluation of your case.
Truck Tire Blowout Statistics
According to the Federal Motor Carrier Safety Administration (FMCSA), there were 15 fatalities in 2017 attributed directly to tire blowouts. There were 21 such deaths in 2018 and 18 in 2019. The FMCSA reports that tire problems are the most common vehicle-related factors that contribute to truck accidents.
Causes of Truck Tire Blowouts
Although there can be several potential causes of a truck tire blowout accident happens, they tend to occur for one of the three following reasons:
- Negligent manufacturing – A tire company could produce a tire with a defect, one that could blow out even if it looks to be in perfect shape.
- Lack of maintenance – Trucking companies will often cut corners in an effort to maximize profits by meeting deadlines. This can mean that they’ll allow a truck to be on the road with worn-out tires. They will also sometimes mix tires inappropriately. They may, for instance, put two different kinds of tires on the same axle. This could also increase the chances of a blowout.
- Failure to inspect – Truck drivers are required to thoroughly inspect their rigs before taking them out. They may ignore this requirement and drive on damaged tires as a result.
Not Maintaining a Vehicle is Negligent
The last two items on the above list are clear acts of negligence and can expose the trucking company, as well as the driver, to liability. Both drivers and their employers may either fail to notice problems with tires or simply choose to ignore them. These problems include cracks, cuts, and bulges in the sidewalls of the tires, as well as excessive vibration during operation of the vehicle. Excessive wear on tire treads, as well as uneven treads, are problems that should also be easily spotted.
Who’s Liable for Accidents Caused by Truck Tire Blowouts?
A truck accident lawsuit can be a very complex undertaking. One of the biggest reasons is that it can be hard to determine exactly who’s responsible for the accident and, as a result, should face liability.
The best way to do that is to launch an investigation to find out which party bears responsibility. As you’ll soon find out, there could be multiple parties that played a role in causing the accident to happen. In order to ensure an investigation is performed accurately and quickly, you’ll have to speak with an attorney as soon as you can. If you wait, critical evidence could be lost forever, making it much more difficult to obtain the compensation you deserve.
Can Multiple Parties be Liable?
As referenced earlier, truck accidents usually happen because multiple parties commit some form of negligence. These will typically include the following:
- The truck driver – Again, the driver of the truck could be sued for failing to check to make sure the tires were in good shape.
- A mechanic – Trucking companies will sometimes hire outside professionals to maintain and repair their vehicles. If the mechanic failed to recommend that the tires be changed, or put the wrong type of tire on the truck, they could potentially be held liable as well.
- The manufacturer – If a company makes a defective tire that blows out due to a lack of proper quality control measures, you could possibly sue the manufacturer. They may have used cheap methods of manufacturing in order to save money or been negligent in some other fashion.
- Cargo loaders – A third-party company may have been responsible for loading the truck. If they overloaded the trailer, that could have put too much pressure on the tire, leading to the blowout. You could possibly sue that company also.
How Much Will My Settlement Be?
Your attorney will need the facts before being able to give you a general idea of your settlement amount. If they make any promises before then, find another legal representative.
There are a lot of factors that will go into determining how much you may be able to get. The severity of your injury is one of the most important. Your attorney will have to know the treatment you’ve already received but also the treatment you may require later. In most cases, the worse your injury, the more extensive treatment you’ll need – and the more compensation you’ll receive.
Another important factor is whether or not the defendant (or defendants) have a strong enough incentive to stay out of a courtroom. Many companies would rather not risk the negative publicity associated with a trial. That would make it worth their while to offer you a larger settlement – especially if the facts clearly show they wouldn’t be able to win.
Have You Been Involved in a Truck Accident Caused by Tire Blowout? Contact Penn Kestner and McEwen to Schedule a Free Case Evaluation
Don’t hesitate to get in touch with the legal experts with Penn Kestner & McEwen. We’ll do whatever we can to make sure you obtain full and fair compensation. If you would like to schedule a free consultation, please use our online contact form or call (800) 732-3070.