In 2007, the Federal Motor Carrier Safety Administration conducted a study to determine the main factors behind serious large truck crashes. Looking at over 120,000 large truck crashes over several years, they examined all incidents involving at least one truck which resulted in injury or fatality. It was determined that approximately 6% of these accidents were caused by a truck tire blowout.

Although the study is a decade old, the dangers are as real today as they ever were. If you regularly share the highway with large trucks, being aware of the danger and exercising caution is important. Knowing where to turn for legal counsel if you fall victim to one of these accidents is just as important.

Because of their sheer size, the devastation that can occur when a large truck blows a tire is horrifying. The good news is, you have the right to file a personal injury or wrongful death lawsuit to compensate you for all of your injuries.

Who Is at Fault in a Truck Tire Blowout?

As with any other personal injury case, negligence or reckless conduct will have to be proven in order to collect damages. A professional personal injury attorney will work with you to determine the facts of the case, and which party should actually be held responsible in the event of injury or death.

Generally speaking, one of four parties – or some combination of them – will be at fault in this type of accident.

The Driver: The operator of the vehicle may be negligent in the case of a tire blow out, such as if he ran up a curb or median and damaged the tire, which led to the blow out. If the driver was also fatigued, distracted, or under the influence, it is likely to be shown that they were not able to react to the blow out in the most capable way.
The Trucking Company: The corporate owners of the trucking company may in fact be liable for the accident, if it can be proven that their policies or procedures were lax, or someone could have reasonably foreseen an issue. For instance, if the trucking company does not require inspections after each long haul, or allows its drivers to carry too much weight in order to save money – they are likely liable.
The Maintenance Company: If there is a separate company which contracts for the truck’s maintenance, they may be held liable for not properly assessing the condition of the tires, or allowing too many miles to elapse between tire changes. Ultimately, it is the maintenance team which decides if the tires are safe for the road, so they are often found to be a party to these cases.
The Tire Manufacturer: There may have been a tire defect, or the tire may have worn in an unexpected way – regardless, if it can be shown that the tire itself blew because of a manufacturer defect, then the tire maker could be defending themselves in a lawsuit.

The official study found that it was unlikely that an accident caused by a truck tire blowout was the result of a single cause, rather it is more likely that several circumstances were involved. If you are driving on the highway, you can protect yourself by paying close attention to the truck, how it is performing (if it is swerving, for instance), and taking note if tires look worn or old. In most cases, it is safest to simply keep a safe distance whenever possible, understanding that a truck can affect a large field of damage should a tire blow out and the driver loses control.

Because of the many factors and variables involved in this type of accident, it is recommended that you contact a Sarasota or Tampa personal injury attorney as soon as you can following an accident. At Probinsky & Cole, our team can take on the rigors of determining what happened and collecting evidence – allowing you to relax and heal. If you have any questions regarding this or any other legal matter, call us today.