Defective Semi-Truck Tires and Accidents: Who Is At Fault?
Brian O Sutter
Traffic Accidents
Did you know that one of the leading causes of a major semi-truck accident is a tire blowout? Tire blowouts most likely caused all the rubber debris and shredded tires you see along the highway. So, if you are involved in an accident as a result of this kind of tire blowout, who is at fault?Let's take a look at a few of the people that may be held accountable for this kind of accident on the highway.
The Trucker
Pre-trip inspections should be performed before any trip. General maintenance and tire inspections should also be performed regularly along with brake, mirror, reflector, and load checks. If this was not done before a trip, then the truck driver may be held responsible for the tire blow out accident on the highway or roadway.
With the help of an experienced personal injury attorney, the evidence can be examined, including the records of the trucking company to see when the inspections had been completed. This will help determine the last time the tires were inspected, and if the truck had been overloaded, which could have resulted in the tire blowout.
Maintenance Company
While the trucker can be the one to blame in some cases, we also have to take a closer look at the maintenance company as well to see if they played a role in fault. Tire mounting and other tire services are often being outsourced to third party companies. So, if the accident was a result of something the third party maintenance company failed to do with the truck, then they may be held liable.
For example, if the technicians were not properly trained, OSHA regulations were not adhered to, and they didn't have the proper certifications, these can all be grounds for laying the fault on the maintenance company.
Tire Manufacturer
And of course, you also have to take a look at the tire manufacturer. Sometimes the tires are just defective. In these cases, the claim would be filed against the manufacturer. Common defects have resulted in recalls because of tire tread problems or because the adhesion began to separate. These defects can cause accidents. Often, it is only after the tire blowout that people find out the tires were defective in the first place.
In the case of a defective tire, you need to prove in your claim that it was the tire defect that caused the tire blowout that led to the accident. The manufacturer also needs to have known that there was a problem and did nothing to rectify the situation.
However, proving this may prove to be difficult, which is why having a lawyer on your side is beneficial. Your lawyer can investigate everything for you with the help of field experts to help determine the cause of the tire blowout and if the manufacturer actually is the one to blame.
Navigating Rough Terrain
If you have been involved in this kind of trucking accident, you will quickly find that it is rough and tricky terrain to navigate. With so many possible people who can be held accountable, you really need to do your research and gather the right evidence. You should also be well aware of your rights when it comes to semi-truck accidents.
If you were involved in one of these accidents, you might be entitled to compensation for your medical expenses, lost wages, pain, and suffering, and more. So, don't hesitate. Contact a knowledgeable personal injury attorney today to help you move your case along and receive the compensation you rightfully deserve.