Who is Responsible for Truck Accidents Caused by Tire Blowouts?
Determining liability for truck accidents due to tire blowouts is a hectic task. Numerous factors are involved, like driver’s negligence, maintenance of a truck, and manufacturing defects.
Remember, contact an experienced truck accident lawyer if you have been hurt in an accident. They can help you determine liability and secure fair compensation for you.
Let’s break down the factors one by one:
The Role of a Truck Driver
A truck driver could be held liable under the “negligence theory.” Under the safety rules imposed by the Federal Motor Carrier Safety Administration, a driver must inspect tires before leaving for a trip. A driver must report maintenance requests, if needed, to a company. Once it is established that a tire blowout occurred because a truck driver failed to inspect the tires, a victim may sue the driver. Compensation claims against truck drivers mainly rely on a theory of negligence.
Trucking Company
A trucking company can be held liable for failure to maintain vehicle conditions. However, a company can also be sued under a negligence theory if it does not contribute to drivers’ training on tire inspection and maintenance. In addition, a trucking company can be sued under a “vicarious liability claim.” Under this liability claim, a victim can sue an employer (e.g., a trucking company) for the negligence of employees (drivers). Moreover, a company should keep inspecting the vital components of its fleet, be it the engine, brakes, lighting system, or tires.
Tire Designer or Manufacturer
The tire manufacturers are liable for tire blowouts under the “product liability” law. Sometimes, a blowout occurs due to a faulty tire or defect in manufacturing. Moreover, a manufacturer has to design, create, and market a product while taking the safety of the consumer into consideration. Additionally, a manufacturer shares the responsibility to keep subsequent tire blowouts under check.
What to Do If Injured in a Tire Blowout Accident
A victim can pursue compensation in a tire blowout accident. Compensation can be claimed for injuries and damages caused by tire-related accidents. Contact an experienced truck accident lawyer to determine whom to sue after an accident. A victim may sue a driver for his/her negligence. Besides, a trucking company can also be sued under the law. Furthermore, a tire manufacturer can also be sued for defective manufacturing.
Compensation for a Victim
Victims can claim compensation for economic and non-economic damages: Besides, common damages compensated in truck tire blowouts include injuries and trauma.
Economic Damages
Damages under this category cover the following areas:
- Medical expenses
- Ongoing medical treatment, such as prescription medication or physical therapy
- Trauma counseling
- Lost wages
- Disability, if the injuries prevent a victim from holding a job
Non-economic Damages
This category holds a defendant liable for emotional and psychological damages. Under this type of damage, a victim may claim for:
- Mental anguish
- Pain and suffering
- Loss of life enjoyment
- Emotional distress
Wrongful Death Claims
Surviving family members can file claims under “wrongful death” in accident-related fatalities. The damages covered under this claim may include:
- Emergency medical care
- Funeral and burial costs
- Cremation costs, if applicable
- Loss of income
- Loss of companionship
- Pain and suffering
- Mental anguish
FAQ’s
Things to Do After an Accident?
First, seek medical treatment, if required. Contact a law enforcement agency to report the accident. Furthermore, consult a legal expert to claim compensation for damages.
Who Can Be a Trucking Company Liable for Tire-Related Accidents?
Trucking companies share responsibility for accidents if they fail to maintain their fleet. The companies are equally important for tire inspection and maintenance.
What Are the Liability Rules in a Truck Accident Caused by a Tire Blowout?
There are many liability rules, like negligence, product liability, agency liability, government liability, etc.
