Research from the National Highway Traffic Safety Administration (NHTSA) shows that up to 9% of all commercial trucking accidents in the United States occur as a result of faulty tires. When commercial trucks fail to inspect, repair, or maintain their tires properly, catastrophic accidents involving serious injuries and deaths occur. If you or your loved one suffered injuries due to a commercial trucking accident, consider how a Los Angeles blownout tire lawyer at Pintas & Mullins Law Firm at (800) 794-0444 can help you understand your legal rights.
Causes of Blownout Tires in Commercial Trucks
Severe accidents involving serious injuries or even death occur when commercial trucks suffer blownout tires. In many cases, these blownout tires and accidents can easily be prevented through proper maintenance and operation of the truck on the roadway. The following are some of the causes of blownout tires in commercial trucks that lead to serious accidents.
Speeding
Truck drivers often feel compelled and pressured to deliver as many goods in as short of a time as possible. This often leads to driving at high speeds in order to make better delivery times. While driving a commercial truck at high speeds is against the laws of the roadway, it can also lead to tire blowouts. The NHTSA conducted an investigation that determined that many accidents involving truck tire blowouts had truck drivers that operated the commercial truck over the 75 mph limit. When commercial trucking tires continue at these high rates of speed, heat builds up over time, resulting in weakened tires that eventually blowout.
Underinflation
Truck drivers and trucking companies have a duty and responsibility to ensure that all of their commercial trucks undergo proper maintenance, timely inspections, and repairs when necessary. Truck drivers should always check their tires for underinflation, which is one of the leading causes for blownout tires.
Overloading
When a trucking company or truck driver loads cargo incorrectly or overloads the cargo in their commercial truck, resulting in it exceeding the gross vehicle weight limits, extra pressure remains on the tires for extended periods of time. This ultimately weakens the actual structure of the tire, leading to blownout tires and accidents on the roadways.
Overall Poor Maintenance
When accidents occur due to blownout commercial truck tires, it can occur due to poor retreading or recapping of tires, a defectively repaired tire, or simply using a tire that is too old or worn and in need of replacement. Additionally, every tire should receive an inspection before every trip. Logbooks should always have evidence of these inspections done by the truck driver or trucking company. Any of these conditions are easily resolved, and any accident that occurs as a result of them is completely preventable.
Defective or Faulty Tires
In some cases, the liability will not rest with the trucking company or truck driver. Rather, the tire itself has a design flaw or was defectively manufactured. If an investigation into a trucking accident determines that the blownout tire was directly a result of a manufacturing or design defect, a victim may have the legal right to pursue a claim against the manufacturer or retailer that sold the tire to the trucking company. If you suffered injuries as a result of a tire blowout on a truck, consider how a Los Angeles blownout tire lawyer at Pintas & Mullins Law Firm can help you determine if you have a valid claim against a manufacturing company for a defective tire or tire component.
Hazardous Road Conditions
In some cases, hazardous or dangerous road conditions caused by construction crews or potholes are the direct cause of a blownout tire. In these cases, a victim may have the right to file a claim against the construction company, or the city or state that either hired the construction company or failed to repair a dangerous road condition such as a severe pothole. Filing a claim against a governmental entity can have significant challenges, different deadlines, and complicated paperwork. Make sure to understand your legal rights if you make the decision to file a claim against a city, state, or federal entity.
Determining Liability in a Blownout Tire Accident
If you suffered injuries as a result of a blownout tire on a commercial truck, you may have the legal right to pursue a claim against the following entities depending on the facts and circumstances of your particular accident.
- Trucking company
- Truck driver
- Installer or repair company working on the truck’s tires
- Third-party responsible for inspections
- Third-party responsible for cargo loading
- Manufacturer
- Retailer
- Construction company
- Government entity
For a free legal consultation with a Blownout Tire Accidents Lawyer serving Los Angeles, call (800) 794-0444
Obtaining Evidence From the Blownout Tire Trucking Accident
Obtaining evidence is a critical component of building a personal injury case following a trucking accident resulting from a blownout tire. Often, many government agencies will arrive at the scene of a trucking accident in order to perform investigation and make a determination regarding what may have caused the tire to actually fail or explode in some way. A victim of a trucking accident has the legal right to see these investigative reports in order to build a personal injury claim for their medical bills, lost wages, property damage, and pain and suffering.
Additionally, the trucking company will also likely have an investigative team out to perform their own independent analysis along with the trucking company’s insurance agency. These entities are not looking out for the best interest of victims in the trucking accident. In some cases, these trucking companies and truck drivers attempt to conceal any evidence that would prove their negligence with respect to the blownout tire. It remains critical that every party that may have the possibility of some type of liability for the trucking accident receive a spoliation letter. A spoliation letter legally requires all entities to preserve evidence in relation to the trucking accident.
Los Angeles Blownout Tire Accidents Lawyer Near Me (800) 794-0444
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If you suffered any injuries as a result of an accident with a commercial truck, a Los Angeles blownout tire lawyer at Pintas & Mullins Law Firm at (800) 794-0444 can help you understand your legal rights.
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