If you've been in an accident due to a blown tire from a large commercial truck, then you have likely have had one or both of these two things happen: the driver lost control and hit you or loose treads caused damage or caused you to lose control. Tires can blow from poor maintenance, age, improper inflation, cargo overloading or faulty manufacturing. The problem is that it's hard to determine exactly who is at fault if there was an accident caused by a blown tire on a large truck. The driver or tire manufacturer may be at fault if at least one of the following three things can be proven.
The driver didn't do his or her inspections:
Since drivers must inspect their vehicles and are responsible for carrying an appropriate load, they have the primary responsibility to make sure that their tires are in good shape. They can be liable if they ignore safety issues, such as an obviously bald tire. They are also responsible for following regulations in regards to loading and on-the-road inspections. If it can be shown that the inspections were glossed over or weren't done, then the driver may be responsible.
The driver misjudged road conditions:
Drivers are responsible for proper judgment of the road conditions. Tires can blowout due to extremely hot conditions, for example, and other bad weather conditions. The amount of load during these extreme conditions can contribute to a blowout as well. Drivers must also be prudent about avoiding visible road debris and are responsible for the way they handle their rig once the tire blows out.
The manufacturer or installer is at fault:
Sometimes, the driver does everything right, yet a blowout still happens. The tires appear to be in good shape, have good tread and may be relatively new. If the driver was prudent and did everything else to make sure that his rig was in proper working order, then it's possible that the tire's manufacturer may be at fault. Tire installers may also be liable if it can be shown that the tire or wheel was installed improperly.
In some cases, the trucking company, if the driver works for one, is responsible if the cause is determined to be poor maintenance, but the driver is the one responsible for making sure everything is road worthy. Since it can be difficult to determine who is at fault for a blown tire on a commercial truck, it's important to have attorneys who are specialists on investigating trucking accidents. These attorneys are knowledgeable about the industry and will know exactly where to look or who to ask in order to determine who would be liable.www.injuryattorneyclearwaterfl.com
My husband does much of our auto repair work himself. We do all that we can to save a dollar when we can, and doing the repair work saves us a small fortune each year. Unfortunately, all of the money that we have saved over the past 15 years has gone to pay the medical bills that we have accumulated during the last several months after a floor jack failed and dropped our car on top of my husband. A few days after the incident, I contacted an injury attorney. I have created a blog to help others that have been injured due to faulty products find some sort of resolution.