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  • Writer's pictureKenneth Powell

Who's at Fault in Truck Tire Blowouts in Missouri? - Determining Liability for a Truck Accident

Truck accidents are one of the worst situations someone can be in, as they tend to be incredibly fatal, especially if defective tires cause them. A tire failure can happen anytime, so commercial truck drivers must be aware of the passenger cars and have a reliable tire manufacturer to avoid a tire blowout accident.


However, truck accident claims will keep happening, and the truck driver and trucking companies liable for these accidents must compensate the victims properly. Therefore, the best thing to do in truck accident cases is to hire the best truck accident attorney who can take care of everything while the victims focus on improving their health.


What Is a Truck Tire Blowout Accident?

What Is a Truck Tire Blowout Accident?


Although the phrase "truck tire blowout accident" may seem self-explanatory, it can refer to various situations. Truck tire blowout accidents happen when one of the vehicle's tires suddenly loses air pressure, sustains damage, or ruptures directly underneath the moving truck. When that occurs, tire debris may shoot out at high speed and harm nearby vehicles.


One of the worst-case scenarios is when a flat tire causes the truck's driver to lose control, resulting in the truck swerving and rolling over. Any vehicle can go through a similar accident. Still, trucks are particularly dangerous because of their size and the load they carry, transforming them into high-speed hammers that are nearly impossible to stop once they get moving.


Common Causes of Tire Blowouts


Tire blowouts can be caused by various factors, which is why many incidents involving them can be avoided once the driver is aware of them. Before they go on the road, the trucking company and/or driver should be able to identify and solve these problems. The most common causes of a tire blowout truck accident include the following:


Underinflation


If a truck's tires aren't inflated to the correct pressure, they might overheat and explode, causing truck accidents.


Bald Tires


When a tire gets worn down or burned by the hot friction of the road, it causes the truck to develop bald tires. All vehicle owners must make sure their tires don't get to this state, as they could explode at any minute.


Tread Separation


Tread separation occurs when a tire is improperly installed, and the metal of the rim separates from the rubber tire that surrounds it. The tire may then bounce until it breaks and spreads over the road.


Using Spare Tires


Semi-trucks use many tires due to their large weight and prolonged use. This causes the driver to use a spare tire, which is occasionally required but isn't intended for continuous usage. The spare might break apart faster than regular ones.


Overloading


Although semi-trucks are designed to transport heavy weights, they also have weight limits that mustn't be surpassed. Overloading the truck's limit can impose unnecessary strain and wear on the tires, increasing the risk of a blowout truck accident.


Other Situations


There are situations when a blowout happens even though the company and the truck driver have taken all the required safety measures. It can result from the truck driving over debris or a manufacturing flaw in the tire. However, holding a third person liable for the harm produced by the truck accident may still be feasible.


How to Determine Liability in a Tire Blowout Truck Accident


Tire blowout incidents can include numerous individuals with at least some degree of responsibility, unlike more conventional automobile accidents. Some possible liable parties include the following:


The Truck Driver or Trucking Companies


The driver of a vehicle is responsible for performing all necessary maintenance to keep the truck in great condition, including maintaining the tires. It is considered negligent and reckless for a truck owner to neglect to change or inflate a car's tires. They must also be aware of the potential risks on the road and adapt their driving style accordingly. The trucking company must also be held liable for all the truck accident cases caused by the truck driver.


The Manufacturer


When a flaw in the tire causes a blowout, the manufacturer's culpability is strongly taken into account, but this isn't easy to prove. Sometimes, these manufacturers issue a recall after learning about problems with a particular brand and type of tire, and the truck's owner may not know about this information. Additionally, drivers may be able to find flaws on their own during a routine check and change the tire themselves. A tire pressure monitoring system (TPMS) is a legal requirement for all vehicles in America. These are sensors that are fastened to valve stems, which monitor tire pressure and warn drivers if it drops too low. The truck manufacturer may be responsible for at least a portion of your damages if the TPMS malfunctioned and failed to alert the driver that they needed to refill their tires.


The Installer


Customers of tire shops expect to purchase tires in good condition and have them mounted and fitted correctly on their vehicles. The store where the driver bought the tires from and/or the shop that installed them may be held accountable if the driver was sold outdated or faulty tires or if the blowout was caused by mistakes during the installation.


The City


The local government or a private property owner might share some of the blame for the tire damage if a pothole, an uneven patch of pavement, or another road hazard caused the tire blowout. This is because they are legally obligated to keep the road safe for all users. While these entities may easily claim that a vehicle could have swerved or slowed down to prevent damage to attribute the tire blowout to the driver, this isn't always achievable, as anybody who has driven in traffic knows that sometimes it is impossible to avoid hazards on the street.


Pure Comparative Fault


It's also crucial to be aware that Missouri is a state with pure comparative fault. This implies that the amount of blame placed on every party involved in an accident will affect how much compensation the victim will get. If it is found that the state where the accident happened was 25% at-fault, the tire company 50%, and the motorist 25%, the driver can seek compensation from all parties. Still, the percentage of liability would diminish their total compensation.


Common Consequences of Truck Accidents


It is difficult to say this, but in most cases, truck accidents are fatal. Think of the automobiles as players and the highway as the field: When the bigger player attacks, the smaller one will take the worst impact. Truck drivers can destroy everything that goes in their way if they lose control of their vehicle. Most truck accident victims suffer various wounds, from severe lacerations and shattered bones to more alarming conditions, including brain injuries and spinal cord damage.


Even if the victim recovers from the potentially fatal wounds the accident caused, they may still have lifelong disabilities, including paralysis or a decline in mental abilities. When that occurs, they may face a huge medical debt and lose their capacity to do the job that would allow them to contribute to that debt. Moreover, if the victim were the breadwinner, their family would have suddenly lost their main caregiver.


Victims shouldn't be left to deal with the fallout of an accident that someone else's carelessness may have caused, so hiring a personal injury lawyer who can fight for compensation against the insurance company is crucial.


What Should Happen After Truck Accidents?

What Should Happen After Truck Accidents?


Many believe that because semi-truck tire blowout accidents seem straightforward, the legal procedure that follows them should be as easy as the accident. However, this is rarely the case. Although victims must get properly compensated for their losses, navigating the legal procedures that follow these events can be challenging. That is because of all the factors involved in the accident.


The victim's injuries should be taken care of before moving on with the case. Therefore, they must get the assistance required to start the healing process. Then, the personal injury lawyer must identify the cause of the accident.


Once the reason has been identified, it is time to establish who is accountable for it. The trucking firm, the driver, a technician, or even the tire provider, might be to blame.


When that investigation is finished, a personal injury case must be filed to compensate the victim for their sustained harm. Damage is a general term that can refer to anything from financial loss to physical injuries and even emotional pain. Still, establishing all the damages requires an expert who can calculate a fair compensation amount.


Therefore, if the victim spends all their time focusing on getting better, they should find someone else to take the legal weight off their shoulders. The best advice is to hire a semi-truck accident lawyer who can deal with the insurance company.


Hire a St. Louis Truck Accident Lawyer Today


Those looking for a truck accident lawyer who can fight against the trucking company and the insurance company should ask for a free consultation from the Powell Law Firm. It doesn't matter where the truck accident occurred, as we will provide the victim with an expert accident lawyer with vast experience in the trucking industry. All that accident victims must do to get compensated for their truck trailer accident is to give us a call. Powell Law Firm can also assist with questions like, "Who's at fault in Blind Spot Truck Accidents in Missouri?


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