Who Is Liable for a Tire Blowout?
When the tire blowout occurs, a lawsuit can be brought against the trucker or the trucking company for failing to inspect and maintain the tire's condition or against the manufacturer of a tire that may have been put on the truck in a defective condition. Sometimes, such as in cases with 18 wheelers, there are so many tires that one blown tire does not affect the vehicle that significantly, but this is not always the case.
The truck driver is always responsible for inspecting their vehicle before driving at all times. Failure to do so could result in missing a serious tire flaw or another defect.
- They failed to uphold their duty to inspect.
Drivers are legally required to inspect their vehicle for any noticeable problems. Tires can have visible signs of wear and tear on them that can alert drivers to the need to update their tires, such as cracks, being threadbare, or other issues. - They failed to hold their duty to not drive with defective equipment.
A driver should be aware of whether or not their tires are defective, especially a commercial driver. Any recalls or notices from a tire seller or manufacturer should be acted upon promptly so that these defective tires can be repaired or replaced.
By ignoring these problems, they are sacrificing safety for time-effectiveness and should be held accountable. In cases of blowout where a third party is injured or possibly even killed, the truck driver is directly responsible for negligence, although their employer is indirectly responsible.
When a Manufacturer or Retailer May Be at Fault
Drivers aren’t the only party responsible for tire safety. Some incidents involving tire blowouts may be out of their control if a manufacturer or retailer negligently or intentionally sold them a defective or damaged tire and failed to warn or provide the necessary information to the truck driver. In some cases, a tire may not have been repaired correctly or identified by an installer when brought in for inspection. This means that a manufacturer or installer may be partially liable for any damages caused in a tire blowout accident.
Whether the tire was installed incorrectly or a driver overlooked a defective tire, blowout cases can be difficult to litigate. You need a truck accident lawyer from a firm known for its results. Call Arnold & Itkin now at (888) 493-1629.
