Determining liability in a truck crash is often impossible without the legal help of a Los Angeles truck accident attorney, but things get even more complicated if the collision was caused by a tire blowout.
A tire blowout is an absolute nightmare for all truck drivers in Los Angeles and all across California, as it results in the loss of control and can lead to a devastating truck accident involving catastrophic injuries and fatalities. Both truck drivers and their trucking companies owe a duty of care to other motorists and pedestrians. This includes the legal duty to prevent a tire blowout, among many other things.
But who can be held liable for injuries, fatalities and damages resulting from a truck accident caused by a tire blowout? We let our Los Angeles truck accident lawyer from the Compass Law Group, LLP to answer this question.
Causes of tire blowouts in trucks
It is not uncommon for tire blowouts in trucks to lead to devastating consequences on the roads of California, as tire blowouts are especially dangerous for this type of vehicle due to its size and the fact that trucks haul massive cargo that can do even more damage.
But what causes a tire blowout in trucks? Causes of tire blowouts in trucks vary from one case to another, but the most common are:
- Long-distance driving
- Truck is too heavy-loaded or overweight
- Poor weather conditions
- Road conditions, especially potholes, which can cut through the rubber in the tires
- Underinflation (improper air pressure or lack thereof)
- Inadequate maintenance (improperly maintained truck tires may begin to weaken and fail over time due to the phenomenon called “slow death”)
Why tire blowouts in trucks are so dangerous
In order to comprehend the actual destruction that a tire blowout can cause on the roads of Los Angeles or elsewhere in California – especially in trucks and semi-trailers – it is important to describe what happens when a truck’s tire blowouts.
When it happens, the truck will begin to veer in the direction of the blown-out tire in an uncontrollable manner and without giving the truck driver enough time to maneuver and prevent a collision. Handling a tire blowout properly may be challenging, as the uncontrollable and violent veering can cause the truck to flip over or jackknife. Needless to say, carrying heavy cargo does not make it easier to prevent a flip-over of jackknifing. These both types of truck accidents can create deadly conditions for nearby motorists, passengers and pedestrians.
But who can be held liable if something like that happens?
Who is at-fault for a tire blowout?
Our Los Angeles truck accident lawyer from the Compass Law Group, LLP explains that determining liability in a crash caused by a tire blowout depends on the circumstances of a particular case. Generally, there are two theories of liability that can apply when it comes to handling a truck crash caused by a tire blowout: negligence and product liability.
Operator negligence is the most common theory of liability used to sue the responsible party for a truck accident caused by a tire blowout. Depending on the circumstances of your case as well as the practices within a trucking company, either a truck driver or his/her trucking company is responsible for maintenance of the vehicle and its tires. If either the driver or trucking company puts an improperly maintained truck on the roads of Los Angeles or elsewhere in California, they can be legally liable for the blowout.
Sometimes, tire blowouts are caused by defective or faulty tires. In that case, the victims will have to file a product liability claim against the manufacturer of the defective tire and all other responsible parties in the distribution chain. This, however, should be done when there is proof that the actions (or lack thereof) of the truck driver and/or his/her trucking company did not contribute to the tire blowout.
In order to determine liability in your case, speak to a Los Angeles truck accident attorney from the Compass Law Group, LLP.