Tire blowouts are frightening in ordinary passenger cars, but often they do not result in any sort of injury. However, because of their size and the speed at which they travel, a commercial truck or big rig that gets into a tire blowout accident may inflict serious injuries on multiple people. Not all personal injury attorneys are equipped to handle truck accident litigation. Travis G. Black is an experienced Folsom truck accident lawyer who can retain knowledgeable experts to determine the cause of the tire blowout and bring a lawsuit against the appropriate parties.
Causes of Tire Blowout Accidents
According to the National Highway Traffic Safety Administration (NHTSA), many tire blowouts on big commercial trucks are caused by high speeds and improper maintenance. Often, a truck driver or a trucking company fails to monitor air pressure, tread wear, sidewall damage, or air leakage. The result may be a tire blowout.
Moreover, commercial truck tires are not designed to travel at excessively high speeds, but in some states, the speed limit for trucks is 80 mph. This is not true in California, but California is often on routes of interstate truck travel for deliveries and other business purposes. There is a risk of a tire blowout on a California highway that may cause catastrophic injuries or even death to many different people.
Sometimes tires are simply defective in terms of design or manufacturing. There are situations in which a defective tire has been recalled, but the truck driver or trucking company has not made sure that the defective tires were replaced with properly functioning tires. If there has been no recall, or the recall is not properly issued, it may be possible to hold the manufacturer strictly liable for a tire blowout. Strict liability requires you to show that there was a manufacturing, design, or marketing defect in the tire, and the defect caused your injuries.
Sometimes a rig is mismatched to its tires, due to an error at a repair or maintenance shop. It may be possible to hold a repair shop responsible for a negligent error. To show negligence, you will need to prove that the shop owed a duty, breached this duty, and caused injuries as a result of the breach. In most cases, placing a mismatched tire will be considered a breach of the duty to use reasonable care while making repairs to a commercial truck.
Tire blowouts on large trucks may be catastrophic. Often, the truck driver loses control of the tractor-trailer, and everyone on the road is endangered. Causation will be the primary element to consider when determining who may be held responsible for the accident. The crash must have been something that was reasonably foreseeable under the circumstances, such that the link between the defendant’s carelessness and the crash is not too attenuated. If the liability of the defendant is established, you may be able to recover compensation for both economic and noneconomic losses. These often include medical bills, pain and suffering, lost wages, household services, and loss of consortium.
Sometimes multiple parties are responsible for a tire blowout accident that results in injuries. In California, each party may be jointly and severally liable for economic damages, such as wage loss or hospital bills, but each party is only severally liable for noneconomic damages, such as pain and suffering.
Consult a Knowledgeable Folsom Truck Accident Lawyer
Our principal, Travis G. Black, is a former insurance adjuster who uses his understanding of coverage issues and how insurers think when handling truck accident claims on behalf of plaintiffs. If you or someone you know have been injured due to a tire blowout accident, you should contact our firm. Our California personal injury lawyers provide knowledgeable legal counsel and work hard to achieve a favorable outcome. To obtain a free consultation with a Folsom truck accident lawyer at our Folsom office, contact us online or call Black & DePaoli at 916-962-2896.